Gamete donation : the right of the child to donor identification

Abstract

In view of Malta’s Civil Code, Embryo Protection Act and newly enacted legislations, as well as the United Nations Convention of the Rights of the Child, the child’s best interest is paramount and evidently, protection worthy – a supreme principle which should bear weight when drafting laws on gamete donation. With the introduction of laws regulating in vitro fertilisation and same-sex marriages, the Maltese position strongly held against gamete donation is being threatened. It is an inevitable path on which Parliament must venture, with a worldwide flux progressing towards assisted reproductive technology. Otherwise, the detachment from the taboo of gamete donation in conjunction with the postponement of a proper legal framework will have an adverse effect on the Maltese society. The aim of this term paper is to bring to light the importance of the child’s right to donor identification should gamete donation become a legal procedure. This shall be done by an analysis of the principle of the best interest of the donor-conceived child. Subsequently, the rights of the child shall be discussed to provide a stronger foundation to the right to donor identification. Moreover, the limitations which should be imposed when the right to donor identification is in place shall be analysed. Conclusively, the Maltese position in comparison to foreign legislations will be discussed. The objective of this work is to contribute to the ever-growing discussion in this area and to concoct proposals which ought to be borne in mind whilst drafting legislation on this matter; in conclusion answering the question of “what must be considered when formulating a law on this tabooed area?” from the perspective of the child having the right to donor identification.