The legal status of the cryo-preserved embryo under Maltese law, in light of the 2018 amendments to the Embryo Protection Act

Abstract

With the development of technology, embryos are being created in laboratories during the process of in vitro fertilization which is a type of assisted reproductive technology available to those battling infertility. This dissertation is concerned with the legal status of the cryo-preserved embryo. It analyses the person through the lens of Maltese law to find whether the cryo-preserved embryo fits into this legal status, especially in light of the 2018 amendments to the Embryo Protection Act which have changed the law regarding cryo-preservation of embryos. The concept of personhood is explored, as this term can take on different meanings. In the legal system the term ‘person’ is prominent in civil law and in the human rights sphere. The term ‘person’ in this dissertation is taken to mean as the subject of law which has rights and obligations, and which is afforded human dignity. From an analysis of the main provisions of Maltese legislation which mention unborn life, it is concluded that they may not be clearly extended to include the cryo-preserved embryo. The Embryo Protection Act gives value to the cryo-preserved embryo which cannot be experimented upon, cloned, or destroyed. Moreover, the adoption procedure envisaged for unused cryo-preserved embryo aims to give the embryo a chance at life. However, it is concluded that the legal status of the cryo-preserved embryo is still ambiguous and the law cannot be said to attribute to it the same status as that of a person. This arises from the lack of rights which are clearly defined and afforded to the cryo-preserved embryo.