IVF needs to be addressed

I am following the ongoing debate with regard to in vitro fertilisation with interest. Unexpectedly, but, perhaps, not so in our country, the matter has become a hot one. I feel I must point out immediately that there are many misconceptions and, at times, the issue appears to be being tackled from the wrong direction.

... there is... no law that regulates in vitro fertilisation- Josè A. Herrera

Various contributors to the press have analysed this mode of assisted pregnancies from an ethical and moral perspective. Others have even dwelt on the religious implications of all this.

It is these arguments that have enticed me to pen this article.

It cannot but be emphasised and clarified that this medical procedure has been available in our country for decades. It should also be pointed out that, in fact, there is no law barring individuals from privately seeking such medical assistance in order to form a family and this as is the case elsewhere.

It could be well argued from a juridical perspective that vetoing such a practice could be tantamount to a breach of fundamental human rights. After all, the right to form a family is sanctioned in both article 32(c) of the Constitution and article 8 of the European Convention of Human Rights. Thus, any government that would be tempted to take such a stand could well be treading on dangerous ground because it could be overruled by the courts.

On the other hand, however, there is at present no law that regulates in vitro fertilisation. Thus, the contestation has never been or should never have been on whether to permit such a practice or otherwise. Rather, it should be on whether such medical interventions should be regulated or not. In light of all this, I would go so far as to contend that those individuals who, for some reason or another, are adverse to this medical practice should actually be fully in favour of Parliament regulating all this. The reason is to curtail abuse and interpose ethics in the whole procedure.

In this article, I do not propose to enter into the merits or demerits of this practice. I say this primarily because, as stated earlier, such medical assistance is already available and is surely here to stay. Therefore, any counter arguments in this respect would prove to be superfluous. Someone once said that it is impossible to undo scientific progress.

Secondly, I feel that the decision to seek such assistance or otherwise is highly personal and should be left to the individual and the individual alone to consider any moral or religious aspect. In this regard, especially in a lay society, it would appear far too paternalistic and overbearing for the state to make decisions and impose them.

For these reasons, quite some time back, Parliament had been invited to tackle this important topic and propose relative legislation in order to regulate, in the best possible way, all this. It must be pointed out that the standing parliamentary committee responsible for family affairs took the bull by the horns and dedicated the best part of this legislature studying and analysing the optimum legislation to be implemented in this regard. In this respect, the committee held countless hearings and received feedback from all the possible stakeholders, including theologians and medical experts. The work has been completed and a proposed Bill, unanimously approved, has been duly drafted.

This notwithstanding, however, for inexplicable reasons, the government has been dragging its feet. This resistance seems to be firmly rooted in conservative religious considerations. This attitude has justly been at the receiving end of much criticism.

The prevalent state of affairs is not only giving vent to certain objectionable customs but also leading to discrimination. The reason for the latter is that, as things stand today, such assistance is only available to the affluent because such medical procedures are, naturally, not available at the state hospital. The government’s position, therefore, seems to be self defeating.

Dr Herrera is shadow minister for justice.