The long-awaited draft law on the protection of the embryo has finally been published. Behind the slightly esoteric title are the building blocks and basic principles that should guide the upcoming legislation on the procedures of In-Vitrio Fertilisation better known as IVF. This is a medical practice that has been successfully applied for the last 20 odd years in Malta but that has remained by and large unregulated.

The ultimate aim of the IVF procedure is to assist couples who have some complication or other that prevents them from conceiving children naturally. On 25 July 1978, the world’s first IVF baby, Louise Joy Brown, was born in Manchester, Great Britain. The physiologist who carried out this first procedure, Robert Edwards, received the Nobel Prize for Medicine in 2010. It is estimated that more than 30,000 babies have been born in Britain through IVF. Besides, this technique has spread across the world with even more successful results overall.

The subject of IVF is a delicate and complex one for obvious reasons, although primarily the stumbling blocks are usually associated with the whole human experience and the moral and ethical issues involved with having a successful outcome of the procedure. For a multitude of reasons, couples who are unable to conceive resort to the extreme and often painful process of IVF. Up till now, this procedure has only been available in the private sector with the accompanying prohibitive costs that are normally associated with such complex procedures.

Many couples decide to go ahead with the procedure despite the financial costs involved but remains unaffordable for some. Clearly, the technology involves several procedures that require specialist equipment and professional individuals, hence the costs involved. It is also a technology that has proved to be indispensable and a godsend for those who, without IVF, would remain childless.

In my professional capacity, I have come to recognise and further understand the human complications associated with the IVF procedure. There is no doubt in my mind that regulating this practice has long been overdue. Conversely, one equally appreciates that such a delicate and complex subject required a serious and profound debate that would in the end produce a reasonable and just piece of legislation. As confirmed by the same Minister for Justice Chris Said, who is spearheading the legislation, there was little reason to rush things in the light of the complexities and intricacies involved when it came to legislating IVF.

The draft law regarding The Protection of the Embryo was published just a couple of weeks ago, precisely on 27 July. The legislation contemplates a number of basic fundamental principles. Chief among the themes are the value of life, the free choice of couples and the moral and ethical issues surrounding IVF. Special attention has been given to the Church’s concern whose position remains unequivocally prudent and conditional, especially when it comes to the freezing of unutilised ova. In order for all parties involved to air their concerns and wishes, the government has left ample time for open discussion on the subject. In fact, the consultative period will remain open up to 14 September when it is then expected that the draft will start being debated in the appropriate Parliamentary fora.

There is no doubt on the Church’s reservations on the subject of IVF. It has made itself amply clear through its latest pastoral letter published a few weeks ago. Although the Church is clearly not against IVF, it remains staunchly opposed to some practices surrounding the procedure most especially the destruction of any embryos that not used. The Church believes that the destruction of embryos is tantamount to murder. Professor Maurice Cauchi, ex-chairman of the consultative BioEthics committee, confirmed the positive outlook on IVF as long as all cells involved pertain to the couple and in no way to third parties. He also expressed the Church’s anxiety on freezing of embryos and their possible destruction.

There is clearly an implicit understanding between the Church and the State on the subject of IVF. The Church understands and appreciates that the government is morally bound to legislate and regulate where there is a legal lacuna. Anything less would be disrespectful to the many couples involved. Moreover, the Church is not against the progress achieved in this scientific process as long as the gift of life and Christian values are respected.

This long awaited legislation will pave the way for the government to start offering the IVF service in its own hospitals. This will ensure that couples who are unable to pay for this expensive treatment will now enjoy a level playing field. Moreover, a specialised fertility clinic that has been available since the building of Mater Dei can commence its services once the law is enacted. This will be another significant moment for our national health service.

Hopefully, the debate on IVF will take centre stage in the coming weeks as the period of consultation draws towards its close. In the meantime, one expects the debate to be open, mature, informed and free from partisan comment that would dilute the gravity and seriousness of the themes involved. More often than not, partisan comments tend to spoil national issues. For the sake of childless couples and the pain and suffering they endure, let us hope that this will not be the case!

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