Regulating the introduction of sperm donation in Malta : in the light of a parent's right to family life and the best interest of the child

Abstract

Legislation that regulates sperm donation while attaining a balance between the rights of the parents and the rights of the donor conceived child is possible. In the coming years, the Maltese Parliament has no option but to decide on this law. The options facing the legislator are to either prohibit sperm donation, as happened in Italy; to introduce legislation, as has been done in the rest of Europe; or else continue with the easiest route, that of postponing the important decision once again. This law should not be looked at on its own, but rather, in a wider context of other policy decisions that are pending before Parliament, and which will determine Malta's direction on civil rights. The objective of this work is to contribute to the discussion that has been going on for eight years in Parliament, and come up with a number of proposals that should be considered by the legislator when drafting legislation that will regulate sperm donation.