Issue link: https://maltatoday.uberflip.com/i/1544529
COUPLES who have a child through surrogacy will now be entitled to 18 weeks of leave like all other parents even though the procedure remains illegal in Malta. To date, anyone wanting to use surrogacy as a means to have a child is required to carry out the procedure abroad. Couples who become parents in this way, where not entitled to leave upon the birth of their child. When talking about this measure in parliament, Social Dialogue Parliamentary Secretary Andy Ellul framed the issue as one related to workers' rights. He insisted that although government has no mandate to introduce such leave, it considered the matter a fundamental worker right. This leader agrees that parents, irrespective of how they conceived their child, should be entitled to leave from work—the statutory period is 18 paid weeks for the mother and 10 days for the father—but we cannot help but notice the hypocrisy in government's approach. Rather than legislate to make surrogacy legal in Mal- ta and thus more accessible to those who may not have the financial means to travel abroad, the government is just dealing with a consequence of surrogacy. This does not mean legislating for leave is not important but it is targeting the low-hanging fruit and does nothing to fun- damentally change the system. It almost feels like the Labour Party has lost its re- formist and progressive zeal that characterised its first decade in power. And, as a liberal newspaper that has always championed progressive change, we do not say this spuriously. Government had proposed the introduction of altru- istic surrogacy in 2018 along with a raft of progressive changes to the in-vitro fertilisation bill. It faced push- back and ultimately, then Health Minister Chris Fearne withdrew all references to surrogacy, while pushing for- ward with the IVF changes. It was a wise decision at the time since surrogacy requires a thorough debate, given its ethical, social, legal and medical implications. Fearne had promised that surrogacy would be presented as a separate bill, following further consultation. In February 2022, Fearne had told this newspaper that a bill to introduce surrogacy was "almost ready" but internal discussions were still underway. Nothing ev- er happened and four years since then, and eight years since first floating the idea of surrogacy, it seems the government has lost its appetite to have a proper and considered public debate with a view to eventually legis- late the procedure into law. To this day, surrogacy remains illegal in Malta and only accessible to those who have the financial means to carry out the procedure abroad. The introduction of leave entitlement does nothing to alter this basic fact. On the contrary, it perpetuates the divide between rich and poor; those who can and those who cannot. Andy Ellul's triumphalism over the leave proposal does noth- ing for ordinary people, whose only chance to conceive a child is through surrogacy but who cannot access the procedure in Malta because it is illegal. In other words, what we have now is surrogacy a la Maltaise—happy to export the contentious issue and give the illusion that couples can reap the benefits of surrogacy without the country being burdened with the ethical dilemma of legislating for it. It sounds very familiar to the situation before divorce became legal in 2011. Prior to then, divorce was only ac- cessible to those who could go abroad and obtain it from foreign jurisdictions. We were happy as a country to say we don't have divorce but we still had Maltese couples, married in Malta, who could afford to get a divorce from abroad that was later recognised by the Maltese state. The leave proposal for couples who have a child through surrogacy is good; indeed welcome. But it just puts the cart before the horse. We expected something better from a government that made social and medical reforms its mantra. Surrogacy a la Maltaise: Putting the cart before the horse maltatoday MaltaToday, MediaToday Co. Ltd, Vjal ir-Rihan, San Gwann SGN 9016 MANAGING EDITOR: SAVIOUR BALZAN EXECUTIVE EDITOR: KURT SANSONE DEPUTY PRINT EDITOR: LAURA CALLEJA Tel: (356) 21 382741-3, 21 382745-6 Website: www.maltatoday.com.mt E-mail: dailynews@mediatoday.com.mt 11 maltatoday | WEDNESDAY • 22 APRIL 2026 EDITORIAL The leave proposal for couples who have a child through surrogacy is good; indeed welcome. But it just puts the cart before the horse. We expected something better from a government that made social and medical reforms its mantra