Should everyone, including socially infertile citizens, have a right to parenthood?

Abstract

In view of the progress accumulated by Malta and other countries in regard to socially infertile citizens, it is notable that with reference to the banning of discrimination on this matter, there is still much to be done. With the introduction of the Civil Union of same-sex couples, the Marriage Act, and the changes in the legislation of the Embryo Protection Act, Malta has reformed the previous existing breach pertaining to Article 45 of the Constitution. However, even if female same-sex couples may have been given more parenthood options, the stigma still remains when the male same-sex couples, who cannot reproduce, and single persons, who do not have a uterus to gestate a pregnancy in are considered. To establish Malta’s ranking position, it is of utmost importance to delve into comparisons with other countries. The aim of this paper is to bring to light the importance of the right to parenthood, highlighting the changes which happened quite recently in the law and pinpointing what still needs to be done so that, once and for all, Malta and other countries can ban discrimination on socially-infertile citizens, whilst maintaining a legal perspective. To sum it all up, it is vital to understand whether this new law reform accommodates same sex couples and also the recommendations that are portrayed to perceive the author’s interpretation.