The Labour Government will address a legal anomaly that denies maternity leave to women who become mothers through surrogacy overseas.
Junior Minister for Social Dialogue Andy Ellul confirmed that, while Malta has no plans to legalise surrogacy, the government will ensure that parents who return with children born via the process abroad are entitled to statutory benefits.
“This is a clear case of discrimination in employment law. Fathers are entitled to paternity leave, but mothers who did not physically give birth are denied maternity leave. I cannot let this situation continue,” Ellul told Times of Malta.
Rosianne Cutajar
The issue was raised publicly by PL MP Rosianne Cutajar, who stressed that “every parent—whoever they are, and however they became a parent—has fundamental rights that must be recognised and protected.”
Talks with social partners will now begin to remove what Ellul described as a “discrepancy in the law.” No fixed timeline has yet been announced.
