Labour MP advocates for law to address surrogacy in Malta

Labour Party MP Rosianne Cutajar has stated that Malta must address the realities of surrogacy in the country and come up with “solutions” that recognise and protect parents’ fundamental rights.

The former junior minister wrote on her personal Facebook page that new realities are arising in Malta, such as couples becoming prospective parents through a surrogate outside of Malta – thus circumventing local laws.

Cutajar shared that she has already spoken to the Parliamentary Secretary for Social Dialogue, Andy Ellul, about Malta formally addressing surrogacy beyond present laws.

“I have already spoken to Parliamentary Secretary Andy Ellul about this and I will work closely with him to find fair and concrete solutions,” PL MP Cutajar said.

Surrogacy is presently illegal in the Maltese islands as per the Embryo Protection Act. Locally, those assisting surrogate mothers potentially face a maximum sentence of three years imprisonment and/or a fine ranging between €5,000 and €15,000.

Cutajar remarked that this reality exists, irrespective of one’s personal or legal stance on the subject. Resultantly, she thinks it’s high time that this topic “is addressed as soon as possible.”

“It is only with clarification and clear and transparent rules that we can avoid loopholes and anomalies that affect not only the parents, but also the children involved,” she said.

Back in 2020, Cutajar was the Parliamentary Secretary for Equality and Reforms, before being renamed as the PS for Civil Rights and Reforms later that year. She then resigned from her Cabinet role in February 2021 while pending the result of a Standards Commissioner investigation. Cutajar had also resigned from the PL parliamentary group in April 2023 before being reinstated in August last year.