Whilst not too long ago adoption in Malta was gravely unregulated, many implemenations have been set into motion on the hopes of regulating the adoption of children, not only on the local scale but also internationally. In this regard, the main regulatory body is the Social Care Standards Authority which works with a number of other ministries and entities, with the main aim of better regulating this field.

What does the Legal Framework for Adoption in Malta consist of?

Although the main legislative instrument is the Maltese Civil Code, specifically Title III, which directly addresses adoption, there are a number of other legal tools which have been established in this regard, namely:

1. The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention)
2. The Adoption Administration Act, Chapter 495 of the Laws of Malta
3. The Social Care Standards Authority Act, Chapter 582 of the Laws of Malta​
4. Subsidiary Legislation 582.01 (Legal Notice 445 of 2018): Social Regulatory Standards on Adoption of Children Regulations
5. Subsidiary Legislation 495.03 (Legal Notice 191 of 2017: Designation of Central Authority in Adoption Regulations
6. The National Adoption Strategy for Children and their Families (2019-2022)

Who is eligible to adopt?

1. Prospective Adoptive Parent/s (PAPs) must:

• • have at least reached the age of 28, and are at least 21 years older but not more than 48 years older than the person to be adopted;
  • be residents of Malta;
  • undergo assesments by the Adoption Board to determine their suitability (includes both psychological and social evaluations);
  • acquire parental consent if the child is not in the care of the state.

2. PAPs may be a single individual, cohabitating couples or a married couple (even same sex couples are eligible).
3. The person to be adopted:

• • can either be a citizen of Maltese or a foreign national;
  • must be under the age of 18.

What are the Procedural Steps?

PAPs must start off by submitting an application with the Central Authority for Adoption, which forms part of the Ministry for Social Policy and Children’s Rights. Such application will include personal information, reasons for adoption, and whether there are any preferences in the prospective child’s background.

Following said application, the adoption board will carry out a thorough assessment which will include home visits, interviews and background check. It is at this point that the adoption board will carry out its psychological and social evaluations, in order to ensure that the PAPs are capable of providing a stable and nurturing environment. Once the adoption board reach a verdict as to the eligibility of the PAPs, if in the positive, a certificate of eligibility is issued.

Then the Central Authority will come in to match the child with suitable PAPs by referring to local agencies. Naturally, the matching process will consider the child’s needs vis-a-vis the PAP’s capabilities and preferences.

At this point, the child may possibly be placed in pre-adoption foster care. This is done to facilitate bonding and adjustment, and to allow for further assessment of the compatibility between the child and the PAPs.

Once the match is approved and confirmed, the adoption case moves onto the Court of Voluntary Jurisdiction (‘the Court’). With the assistance of a lawyer, the PAPs would need to file an application (rikors) in the Court. The application would need to include all the relevant data pertaining to the PAPs and the prospective child, including the reason for the adoption.

Upon receiving the application, the Court will schedule a hearing to review the case. Correspondingly, the court will examine all the documents submitted in order to ensure that Maltese adoption laws and their international counterparts have been adhered to (if applicable). At this stage, the judge may also request further documents or information. 

The PAPs (represented by their lawyer), and any relevant authorities or social workers would need to attend the hearing. In such hearings the Court’s main objective is always to determine whether the adoption will serve the best interests of the child. If the judge is satisfied of the latter objective, and that all the legal requirements subsist, it would issue an adoption decree. This decree will legally finalise the adoption, as it grants the PAP’s full parental rights and responsibilities over the child.

Following the Court’s decision, the adoptive parent/s would now need to apply for the child’s birth certificate to be amended, as a new birth certificate will be issued listing the adoptive parent/s as the child’s legal parent/s and typically the child’s surname will be amended to reflect the child’s new legal status.

At this point, the adoptive parent/s may be interested to address the child’s citizenship status (if applicable). This matter is specifically catered for under our law through the implementation of mechanisms.

For intercountry adoptions, additional steps are involved to comply with international regulations. In such case, the PAPs may need the assistance of accredited agencies. In addition to Maltese law, there will also be a few procedures to follow which will depend on the child's country of origin. They would also be expected to travel to the child’s country to complete legal adoption procedures. Further implications include obtaining the child’s passport and visa and arranging for travel to Malta.

Conclusion

Whilst adoption in Malta may prove to be a rigorous and carefully regulated process, the regulatory framework set in place is aimed at ensuring the best outcomes for children in need of permanent families. In fact, it is crucial for those considering adoption in Malta to understand these complexities and seek suitable guidance throughout this process.

For further information or personalised assistance with the adoption process, please contact us at info@gtg.com.mt