Cap. 524 Art. 6Unlawful procedures.

Whosoever -

(a) artificially fertilizes any egg cell for any purpose other than that of bringing about the pregnancy of the prospective parent;

(b) intentionally fertilizes more egg cells than the maximum amount established by the Protocol from one woman in one cycle of treatment:

Provided that the medical practitioner in charge of the medically assisted procreation may, in consultation with the multidisciplinary team and with the permission of the Authority, decide to fertilize more than two egg cells within one (1) treatment cycle provided that this is done in accordance with the Protocol: Provided further that no more egg cells can be fertilized until all the cryo-preserved embryos have been implanted in the prospective parent from whom they originate from any prior medically assisted procreation treatments except in those instances which may be specified in the Protocol and with the prior authorisation of the Authority, in which case, the fertilisation of more egg cells shall be permissible:

Provided further that where the prospective parent or prospective parents undergoing medically assisted procreation procedures do not expressly give their consent to the cryo-preservation of embryos and to the donation of fertilized eggs if necessary, in terms of article 18, it shall not be lawful to fertilize more than two (2) eggs within each treatment cycle.

(c) transfers more than two embryos into the prospective parent within each treatment cycle; Provided that the Protocol may specify that certain exceptional circumstances shall not constitute selection of embryos for eugenic purposes; provided, however, also that the medical experts as listed in the Protocol shall provide information and explanations relating to the testing of human egg cells (oocytes) and other testing which is available to the prospective parent or prospective parents and the said prospective parent or prospective parents shall decide which testing shall be carried out after consulting with the medical experts;

(f) carries out an artificial fertilization of, or transfers a human embryo into, a woman who is prepared to give up her child permanently after birth (surrogate mother), shall be guilty of an offence and, on conviction, shall be liable to the punishment of a fine (multa) of not less than five thousand euro (€5,000) and not exceeding fifteen thousand euro (€15,000) or to imprisonment not exceeding three years or to both such fine and imprisonment:

Provided that -

(i) the prospective parent in respect of the conduct referred to in paragraphs (a) and (d); and, or

(ii) the woman into whom the egg cell or embryo will be transferred, in respect of the conduct referred to in paragraph (f);

shall have the punishment decreased by one or two degrees.