The experts say the existing law strongly upholds the dignity and integrity of the human embryo.

Introducing embryo freezing in Malta is “scientifically unnecessary and unreasonable” and is likely to create “embryo orphanages”, a group of Church-commissioned experts are warning.

The experts are arguing against changing the existing law, introduced three years ago, saying it strongly upholds the dignity and integrity of the human embryo.

These conclusions are part of a position paper compiled in the wake of the government’s “apparent” plans to change the Embryo Protection Act. The study, commissioned by the Maltese Episcopal Conference, was coordinated by the Faculty of Theology.

Archbishop Charles Scicluna, in his initial reaction, welcomed the conclusions of the report, which also put forward a number of recommendations. The study will be presented to the Prime Minister and the Opposition leader in the coming days.

The position paper was compiled by experts in the field of clinical medicine, law, psychology, social policy, family and disability studies, philosophy and theology. Faculty of Law dean Kevin Aquilina, Judge Giovanni Bonello, gynaecologist Astrid Camilleri, paediatrician Simon Attard Montalto and bioethics expert George Grima are among the authors.

All deliberate discarding or destruction of human embryos on the basis of disability or undesirable traits is ethically unacceptable

From a strictly medical aspect the report concluded that the prevailing scientific data and results obtained from local in vitro fertilisation treatment to date, demonstrated that introducing embryo freezing was not necessary.

This procedure would not improve the local IVF success rates as these compared well with those of foreign centres, it concluded.

“On the contrary, since embryo freezing is indisputably linked to the production of surplus embryos, this process will create a myriad of ethical, moral and psychological dilemmas relating to the disposal of surplus embryos and embryo wastage,” the position paper warned.

From a legal perspective, the study pointed out that there was no evidence that proposed changes to the law could be justified on the grounds of recent judgments by the European Court of Human Rights or EU legislation.

As for ethical issues, the study warned that involving third parties through surrogacy or gamete donation, would complicate the process and create dilemmas of parentage, while raising serious legal and psychosocial issues.

Experts also expressed concern that the introduction of pre-implantation genetic testing – a form of screening to determine if genetic or chromosomal disorders are present in embryos produced through IVF – would not be restricted to fatal or non-viable conditions.

They warned that such procedure could lead to a desire to create “the perfect baby”.

“All deliberate discarding or destruction of human embryos on the basis of disability or undesirable traits is ethically unacceptable,” the position paper concluded.

The experts’ recommendations

• A consultation exercise should be carried out by the Social Affairs Committee of the House of Representatives, in the same way this had preceded the introduction of the Embryo Act.

• Further research should be directed to look into the causes of infertility, coupled with more investment for the prevention of sterility.

• More weight should be given to the principles enshrined in other Maltese laws, which grant rights to the embryo and balance the scales in favour of human dignity rather than the “objectification and commodification of children”.

• More humane and pastoral support should be given to those who may not be able to have children of their own. These deserve encouragement and vital assistance from society at large, bringing them to consider adoption or other forms of human flourishing.

• Set up a national register of all IVF cycles (public and private), which would allow clinicians and embryologists to monitor results and discuss any possible improvements in practices.