NEWS | Wednesday, 17 December 2008

PRINT THIS ARTICLE

Vatican veto likely to postpone IVF regulation indefinitely

Raphael Vassallo
A FIERY Vatican condemnation of in vitro fertilisation (IVF), among other issues related to bio-ethics, looks set to condemn to eternal limbo a draft law purporting to regulate the controversial procedure in Malta.
This week, the Holy See’s Congregation for the Doctrine of the Faith published an instruction entitled ‘Dignitatis Personae’, in which various methods of assisted procreation were analysed and reviewed.
In vitro fertilisation (IVF) – a treatment involving artificial fertilisation of human embryos, otherwise known as the “test tube baby” process – is among several practices related to fertility therapy deemed “immoral” by the Magisterium of the Catholic Church.
The process of freezing embryos, routinely used in IVF, is likewise condemned.
Ironically, however, this latest re-assertion of Catholic opposition to IVF may serve to further its unregulated practice in Malta, as politicians appear reluctant to enact a law which would acknowledge the legitimacy of fertility therapy – albeit in order to regulate it – in the face of such stern Papal opposition.

The IVF controversy
IVF has been available in Malta since the early 1990s. But it was catapulted to the forefront of public debate only in 2005, when consultant paediatrician Dr Paul Soler denounced the procedure during a live discussion programme on TVM, claiming that “children were dying like flies” as a result of IVF.
Former Children’s Commissioner Sonya Camilleri also expressed public disapproval, arguing among other things that the therapy should be reserved only for married couples.
The upshot was a discussion on the subject by the Bio-ethics Commission within Parliament’s Standing Committee for Social Affairs. Chaired by former Nationalist MP Dr Michael Asciaq, the commission drew up a set of recommendations for a draft law on bio-ethics, which purported to regulate the provision of IVF services in Malta.
In so doing, it also sought to establish a legal definition for the beginning of human personhood – a treacherous philosophical terrain that impinges also on female reproductive rights, and the availability of abortive measures such as the morning-after pill.
At a glance, the Committee report concluded: that the individual human person traces its origins to “pro-nuclear syngamy” (a process which takes place 24 hours after penetration of the ovum); that a maximum of only three fertilised embryos could be implanted during IVF therapy; and that assisted fertilisation therapy should be made available only to couples in stable relationships.
Taken together, these observations would be enough to legally permit the provision of IVF, albeit within strict legal parameters.

Draft law shelved
However, the resulting law has never since seen the light of day, amid rumours of opposition by an arch-Catholic faction within the Nationalist party.
Edwin Vassallo, current chairman of the Social Affairs Committee, played down these rumours, claiming that the committee has yet to meet to discuss this issue once again – three years after the proposed regulations were shelved.
“There has been no fixed date to discuss the matter again,” the Nationalist backbencher said when asked if the committee would be resuscitating this matter in the light of the Vatican instruction. “If we do reconvene for this purpose, we will also be looking at the issue’s ethical considerations.”
On his part Dr Michael Asciaq – who has since been reappointed to the bio-ethics commission – would not comment on the disappearing act performed by his own 2005 recommendations.
“It is up to government to legislate,” he said. “From our end the objective was to come up with a system which made sure that no human embryos were damaged or destroyed as part of a process which is happening in Malta anyway. The resulting recommendations were intended to minimise the potential for abuse, while maintaining Malta’s traditional family values.”
Dr Asciaq does, however, concede that the recommendations may need revision after three years in limbo.
“Yes, there have been some scientific developments which need to be taken into account,” he said. “Up to now, it has only been possible to freeze embryos. But thanks to a recent breakthrough it is now possible to freeze eggs. This is significant, as it is no longer necessary to hyper-stimulate ova production over different cycles.”
Any further discussion on the shelved law would have to address the issue in the light of these new scientific developments. Other grey areas include the notion of surrogate mothers and sperm donors, neither of which is recognised at law in Malta.
But as Church opposition to the procedure intensifies, so too does the evident reluctance to even discuss the matter at government level.
Paradoxically, it seems that IVF will continue to be carried out in the absence of any legal regulation, precisely because of Catholic opposition.

rvassallo@mediatoday.com.mt

Excerpts from Dignitatis Personae

All techniques of in vitro fertilisation proceed as if the human embryo were simply a mass of cells to be used, selected and discarded.

In many cases the abandonment, destruction and loss of embryos are foreseen and willed.

The blithe acceptance of the enormous number of abortions involved in the process... vividly illustrates how the replacement of the conjugal act of a technical procedure... leads to a weakening of the respect owed to every human being.

PRINT THIS ARTICLE

Any comments?
If you wish your comments to be published in our Letters pages please click button below.
Please write a contact number and a postal address where you may be contacted.