Labour to back government ban on embryo freezing in IVF law

The Labour Party has announced its full stand on the regulation of in vitro fertilisation in Malta, saying it will not support embryo freezing except in cases of force majeure - but effectively supporting the government's decision to go for the novel science of oocyte vitrification.

Labour, which until recently said it would make the provision of IVF on the national health service its first legislative act, had never made its position clear on whether it would follow recommendations by the 2010 Farrugia parliamentary committee that recommended the freezing of embryos, rather than the freezing of female ova.

Opposition leader Joseph Muscat also said he had held meetings with Adrian Vassallo - Labour's 'conservative arm' - who will be making his conscientious objection to IVF clear in parliament, but approve amendments to the law by the Opposition.

The proposed Embryo Protection Bill bans embryo freezing by instead proposing the freezing of ova, and the fertilisation of not more than two eggs with human sperm at each 'fertilisation cycle'.

Labour's is supporting the ban on freezing embryos except in exceptional cases or where the parents die before implantation, but want a better definition of the role of the authority that will oversee who gets access to IVF on the national health service.

"If both parents die [before implantation] we believe the frozen embryo should be put up for adoption, since the only alternative would be its natural wastage. The state has to regulate this adoption, and extend the principle of an ad ventrem curator for frozen embryos.

"We absolutely believe that nobody should be able to purchase or adopt third parties' embryos, and that this should be made a criminal offence, something already provided in Maltese law for adoptions."

Labour is also agreeing on the ban on the donation of sperm and ova, which is already included in the proposed Embryo Protection Bill.

The proposed law comes after years of debate in parliamentary committees on whether to regulate Malta's 22-year-old IVF industry, practised by private hospitals, and whether to include it in the national health service.

Controversially it outlaws embryo freezing and proposed the novel science of freezing the female gametes - ova - which are then fertilised in pairs: after harvesting, two eggs are fertilised with sperm, while the rest of the eggs are frozen for later use. Unlike embryo freezing, vitrification skirts the ethical dilemmas of leaving 'unclaimed' human embryos in freezers. No more than two ova can be fertilised during each fertilisation cycle, and access to IVF will be regulated by an embryology authority to decide who is entitled to the free treatment.

Labour however said the law should not limit the number of eggs that get fertilized, and that this should be decided by best medical practice according to the consultant overseeing the infertile couple's IVF treatment.

"There are two routes: the law or the authority can issue a straightjacket order that everybody should follow its orders; or else allow more discretion to the medical expert who has more experience. This is what we want to see."

Labour said it will vote in favour of the Embryo Protection Bill but wants to seek changes on the role of the five-man experts' committee that will regulate the recipients of free IVF.

"We don't agree that this authority should issue some 'licence' to a couple with aspirations to become parents. This is completely unacceptable and nobody should be sent begging to an authority to become parents through IVF. This is a decision that should be taken by the parents and their medical expert.

"Labour is against this big brother authority that keeps information on IVF couples. The authority's work should be to ensure that medical protocols are followed."