Malta will not be changing its laws which ban surrogacy but would be obliged to comply with a European Court of Human Rights decision should this issue be contested at this court, according to Civil Liberties Minister Helena Dalli.

Asked whether the government is considering amending the law to allow surrogacy for gay (and heterosexual) couples, Dr Dalli said there was no intention to do so.

However, she added, a motion was approved last week in Parliament stating that no person can be discriminated against on the basis of his or her sexual orientation.

If a person decides to take the government to the European Court of Human Rights, the government would be obliged to comply with the ruling, as what would have happened with the case of transgender Joanne Cassar had the new government not settled her case out of court.

The minister was replying to questions during a press conference on civil unions this morning.

She also said that abortion was not being considered.

Asked whether the government could change its position as it had done on gay adoptions, Dr Dalli said she could not speak on behalf of the Prime Minister but abortion was definitely not on the cards at this point in time. In a statement later, the government stressed it was not in favour of abortion legislation.

Speaking on the new civil unions law, the minister said it was a testament of the Labour government’s will to look forward and that of the Opposition to look backwards.

She said that former Prime Minister Lawrence Gonzi had said adoption applications should not be decided according to one’s sexual orientation but by a team of professionals who decide in the child’s interest.

Opposition leader Simon Busuttil, she continued, was going back on Dr Gonzi’s stance by stating that the government had no mandate to allow same sex couples the right to apply for adoption.

“The Labour Movement looks forward and also looks out for the interests of all the citizens. It was a journey through which we learned, matured and understood the realities of children of gay couples.”

Next in line, she added, was the tabling of laws on cohabitation and on gender identity.

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