Cap. 524 чл. 9Donation and use of germ line cells.

(1) The donation of germ line cells for the purpose of medically assisted procreation shall be a confidential agreement between the donor and the licensee:

Provided that prior to entering into such an agreement, the licensee shall duly inform the donor of the consequences thereof in terms of this Act: shall be a third-party agreement signed between the Maltese licensee and the licensee of the foreign tissue establishment:

Provided further that there shall be no link of filiation in accordance with the provisions of the Civil Code between the embryo fertilised using donated germ line cells and the donor.

(2) A donor must be over eighteen (18) years of age, have the legal capacity to contract and of good mental and physical health and further satisfies the criteria specified in the Protocol.

(3) A donor must not have attained the age of thirty-six (36) years on day of donation:

Provided that the Authority may authorise a donor above this age limit in exceptional circumstances specified in the Protocol.

(4) Except in cases of a direct donation, the prospective parents or prospective parent shall only be entitled to obtain such generic information as specified in the Protocol about the donor whose identity shall in all cases remain confidential:

Provided that the medical records that may affect the health of the child and the identity of the donor or of the persons from whom an adopted embryo originated shall be accessible to the child conceived from the germ line cells of such donor upon the child reaching eighteen (18) years of age and, subject to the consent of the Authority, the medical records that may affect the health of the child shall be accessible to the parent or parents at any earlier stage in exceptional circumstances in which the life or health of the child born from such germ line cells is at risk:

Provided further that the Authority shall keep the records traceable to the identity of the donor for a period of sixty-five (65) years:

Provided further that if the Authority becomes aware of serious illness it shall be obliged to disclose the information to the parent or parents and, in the case that the child has attained majority, to the child.

(5) The donation of germ line cells for the purpose of medically assisted procreation shall be limited to one donation only and such donation shall be used in one prospective parent only.

(5A) Cryo-preserved germ line cells which have not been used in Malta may be exported and, or distributed to tissue establishments abroad:

Provided further that the exportation and, or distribution of germ line cells to tissue establishments abroad shall be recorded in donor and the prospective parent to whom the germ line cells are donated in terms of the foregoing provisions, to keep a register with updated records thereof, including the records traceable to the donors and to inform the Authority without delay the full details of every donation.

(7) Whosoever uses, transfers or fertilises any germ line cells in contravention of this article shall be guilty of an offence and, on conviction, shall be liable to the punishment of a fine (multa) of not less than ten thousand euro (€10,000) and not exceeding twenty-three thousand euro (€23,000) or to imprisonment not exceeding five years or to both such fine and imprisonment:

Provided that where the person is a medical practitioner he shall be exempt from criminal liability where he shows that he took reasonable care to determine that the person from whom the germ line cells originated was a prospective parent or an eligible donor within the meaning of this Act.

(8) No person shall pay consideration to a donor or to any other person to arrange for the services of a donor or offer to pay such consideration:

Provided that oocytes donors may be compensated for the costs and expenses of the stimulation treatments.