IVF stands for in vitro fertilization, embryo development, and implantation. It is one of the most effective forms of Assisted Reproductive Technologies (ART). Most people opt for IVF so as to treat infertility or genetic problems, which in turn hinder proper fertilisation. In Malta IVF is available at Mater Dei Hospital.
The process has been available since 2012 when an original bill was passed in parliament. However, amendments were made to the pre-existing law in 2018. The amended law came into effect on the 1stof October 2018. In this article we will see what is new, what has changed, and what has remained from the previous law.
What does the new IVF law entail?
The old law stated that IVF can only be provided to heterosexual couples, therefore excluding LGBTQI individuals and single women. The new law has changed the legal definition of a prospective parent, so that IVF is now available to all individuals, regardless of their sexual orientation or relationship status. Any person over 18 can apply for assisted reproduction. Women can now opt for IVF treatment up to the age of 48. Single people can also opt for IVF with the amended law. This has opened doors for a number of individuals who were barred from IVF previously.
Egg fertilisation
The past version of the law allowed a maximum of three fertilized eggs in every IVF course. The third egg would only be fertilised if medically necessary. All the embryos produced had to be transferred into the womb. The present law allows doctors to fertilize up to 3 eggs in the 1st cycle, and five eggs in any subsequent cycle, only with the prospective parents’ consent that unclaimed embryos may be given up for adoption.
Embryo Freezing and Research
The old law prohibited embryo freezing and research on embryos in any shape or form as part of the IVF treatment. The updated law however, permits embryo freezing subject to an agreement between the prospective parents and the authority. A five-year permit can be issued allowing the parents to freeze extra embryos if they agree to give up unclaimed embryos for adoption. The new law does not, however, permit any type of research on embryos, and Preimplantation Genetic Diagnosis (PGD) is punishable.
Adoption
The past law lacked detailed information about how frozen embryos were put up for adoption. The new law is better outlined, stating that embryos shall be put to adoption if the parents do not renew their 5-year certificate, or if the prospective mother reaches 43 years of age. Once adoption takes place, the original parents lose all rights to the embryo.
Sperm and Egg donation
Donation of gametes was not permissible under the original law. Contrarily, the amended law states that gamete donations may be carried out by individuals known to the parents who are over the age of 18 and under 36 years of age. In these cases, the prospective parents have access to the identity of the donor. Gamete donations can also be made anonymously through sperm and oocyte banks. In this case, the parents would not know the identity of the donors.
Surrogacy
Surrogacy was and still is illegal. Doctors who are caught participating in IVF embryo transfer and promoting surrogacy can be punished with a fine of up to €15,000 and a maximum 3-year prison sentence. Nonetheless, Health Minister Chris Fearne has stated that this part of the law (Altruistic Surrogacy) will be subject to a public consultation exercise. This gives LGBTQI community members an option to become parents. However, this depends on regulations yet to be introduced.
