ACT No. IV of 2008 AN ACT to make special provision for the administration of adoption proceedings and to make consequential amendments to the Civil Code BE IT ENACTED by the President, by and with the advice and

I assent.

E DWARD F ENECH A DAMI

President

1st February, 2008

ACT No. IV of 2008

AN ACT to make special provision for the administration of adoption

proceedings and to make consequential amendments to the Civil

Code

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows>

PART I

INTRODUCTION AND DEFINITIONS

(1) The short title of this Act is the Adoption Administration

Act, 2008.

(2) This Act shall come into force on the first day of May, 2008.

In this Act, unless the context otherwise requires>

“accredited agency” means an organisation which is

accredited by the central authority, in accordance with the Hague

Convention, to carry out local and, or intercountry adoption<

“adoption” means a local or an intercountry adoption made

in accordance with the provisions of the Civil Code, the provisions

of this Act and any regulations made thereunder<

“Adoption Board” means the board established by virtue of

article 3<

“Board of Appeal” means the board established by virtue of

article 16 or such other administrative board or tribunal which the

Minister may from time to time designate to carry out all or any of

the functions as specified in this Act<

“central authority” means the Authority established by virtue

of article 7<

“child” means a person under eighteen years of age<

“country of origin” in respect of intercountry adoption means

the country from which a child is adopted<

“court” means the Civil Court (Voluntary Jurisdiction

Section)<

“Hague Convention” means the Convention on Protection of

Children and Co-Operation in Respect of Intercountry Adoption<

“intercountry adoption” means an adoption effected in

accordance with the provisions of the Civil Code relating to

adoption, the provisions of this Act and the law of a foreign country>

(i) in accordance with the Hague Convention or any

other International Treaty to which Malta is a party< or

(ii) in Malta, in respect of a child not habitually resident

in Malta, or in favour of any person not habitually resident in

Malta<

“open adoption” means an adoption made in accordance with

article 22 of this Act and article 119 of the Civil Code, whereby a

child maintains contact with his parents and, or natural family<

“the Minister” means the Minister responsible for social

policy<

“social worker” shall have the meaning assigned to it by article

2 of the Social Work Profession Act.

PART II

ADOPTION BOARD

(1) There shall be a Board, known as the Adoption Board,

which shall be composed of a Chairperson and a minimum of another

four members. This Board shall be composed of the following>

(a)

professionals representing different disciplines< and

(b) a person who, in the opinion of the Minister, has adequate

knowledge and is proficient in the area of adoption.

(2) The Minister shall endeavour to have a person over the

age of eighteen years who is adopted and a person who is or was an

adoptive parent as part of the Adoption Board, and such persons may

be appointed at any time during the term of office of the Adoption Board.

(3) A person shall not be qulaified to be appointed or

continue to hold office as a member of the Adoption Board if that person

is a Judge, a Magistrate, a member of the House or of a Local Council,

or a candidate for election to the House or a Local Council.

(4) The members of the Adoption Board shall be appointed

by the Minister for a minimum period of two years.

(5) Any member of the Adoption Board may be removed

from office by the Minister on grounds of inability to perform the

functions of their office or of misbehaviour.

(6) In the event that any member of the Adoption Board

vacates his office before completing his term, the member appointed in

his stead shall be so appointed for the unexpired period of the original

appointment.

(7) The Minister shall designate a person to act as Secretary

to the Adoption Board and such person shall, as part of his duties, be

responsible for the keeping of the relevant records and shall carry out

such other work related to the functions of the Adoption Board as may

be instructed by the Chairperson.

(8) Subject to the provisions of this Act and to any

regulations made thereunder, the Adoption Board shall regulate its own

procedure>

Provided that any decision of the Adoption Board shall be

taken by a majority of votes< however in the case of an equality of

votes, the Chairperson shall have and exercise a determining vote. The

Secretary to the Board shall not vote.

(9) The Adoption Board shall meet as and when necessary,

provided it meets at least once every month. In the case of a written

request by the Minister or by an accredited agency, which request shall

be transmitted through the Secretary of the Board, such Board shall

meet by not later than forty eight hours following the request.

(10) The Adoption Board shall have the power to consult

professionals or other persons having relevant knowledge and experience

in the field of adoption.

(11) The members of the Adoption Board, the Secretary to

such Board and any person involved in the proceedings before the

Adoption Board shall be bound by confidentiality and shall not disclose

to any third party any information which may come to their knowledge

during the proceedings. These persons shall also not distribute to any

third party any document pertaining to the Adoption Board or any copies

thereof, unless requested or duly authorised to do so by any court of

law.

(12) The Adoption Board shall submit to the Minister an

annual report of all its activities during the preceding calendar year by

not later than the fifteenth April of each year.

Functions

(1) The functions of the Adoption Board shall include>

of the

Adoption

Board.

(a) examining Home Study Reports drawn up by a social

worker of an accredited agency<

(b) determining eligibility and suitability or otherwise of a

prospective adoptive parent<

(c) ensuring that the placement will be in the best interest

of the child to be adopted<

(d) making recommendations to the court and, or to the

central authority regarding a prospective adoptive parent<

(e) making recommendations to accredited agencies and,

or the Minister on training programmes and counselling sessions

for prospective adoptive parents<

(f) making recommendations to the Minister on the

parameters to be established for the organisation of counselling

sessions<

(g) making recommendations to the Minister for the more

effective implementation of Title III of Book First of the Civil

Code, the provisions of this Act and any regulations made

thereunder.

(2) The Adoption Board shall have access to all

documentation deemed relevant to the adoption procedure and it shall

be unlawful for any person to hinder it in the carrying out of any of its

functions.

(1) The Adoption Board shall send a copy of its decision,

containing its recommendations, by registered mail to the prospective

adoptive parent and to the accredited agency. The prospective adoptive

parent shall have the right to appeal in accordance with article 6.

(2) Without prejudice to article 6, the Adoption Board shall

give its final recommendations to the court regarding the eligibility and

suitability or otherwise of the prospective adoptive parents.

(3) In the case of intercountry adoptions, the

recommendations of the Adoption Board shall be submitted to the central

authority for its written approval prior to proceeding with the

intercountry adoption. After the intercountry adoption has been

authorised by the foreign competent authority, a prospective adoptive

parent shall file an application to the court requesting recognition of the

intercountry adoption for all intents and purposes of the law. In reaching

its decision the court shall take into consideration any recommendations

of the Adoption Board.

(1) A prospective adoptive parent may appeal from a decision

delivered by the Adoption Board, by filing an application in front of the

Board of Appeal by not later than twenty days from the date of service

of the decision by registered mail.

(2) Any recommendations made by the Adoption Board

shall not be forwarded to the court>

(a)

prior to the decision of the Board of Appeal< or

(b) prior to the lapse of the twenty days referred to in article

6 if no appeal has been filed in front of the Board of Appeal.

PART III

CENTRAL AUTHORITY

(1) There shall be a central authority designated by the Establishment

Minister to perform and fulfil the functions, duties and responsibilities of

authority.

set out by Title III of Book First of the Civil Code, the Hague Convention,

the provisions of this Act and any regulations issued thereunder.

(2) The central authority may delegate to an accredited

agency any of its functions, duties and responsibilities which are not

regulatory and which do not involve the granting, refusal or revocation

of accreditation. The accredited agency shall be responsible to exercise

such functions, duties and, or responsibilities in accordance with the

provisions of this Act.

(3) The central authority shall keep a register, to be known

as “the Reunion and Information Register”, with the contact details of

persons over the age of eighteen years who have been a party to adoption

proceedings or who are relatives by consanguinity up to the third degree

inclusively, of a person who was a party to adoption proceedings, and

who request to be included in this register by filling in the form approved

and provided for by the central authority. No information found in this

Register shall be given to any person without the prior written consent

of the person whose details are requested.

The central authority shall monitor all proceedings for an Monitoring

intercountry adoption which shall only be processed upon the approval of

adoption.

in writing of the central authority in accordance with this Act.

(1) The central authority shall be the authority responsible Receipt

applications for

for the receipt of applications for accreditation from organisations that accreditation.

apply to carry out local and, or intercountry adoptions. The central

authority shall have the power to grant, refuse or revoke accreditation

in conformity with the Hague Convention, the provisions of this Act

and any regulations made thereunder.

(2) The central authority shall be responsible to establish

criteria for the granting, refusal or revocation of accreditation.

PART IV

ACCREDITATION

(1) Any organisation may apply to the central authority for Application

granting of

accreditation in the form approved and provided for by such authority, accreditation.

in order to be able to carry out local and, or intercountry adoption.

(2) The central authority may at any time during the

processing of an application, require an organisation to provide any

documents and information deemed necessary in order to ascertain

whether accreditation should be granted.

The central authority may accredit an organisation if it is

satisfied that the organisation>

(a) has sufficient experience and expertise in dealing with

child and family matters< and

(b) has an adequate number of staff who are trained to carry

out local and, or intercountry adoption< and

(c) has the administrative and legal competency to carry

out the functions appertaining to adoption procedures< and

(d) complies with the accreditation criteria specified in the

Hague Convention.

(1) Upon granting accreditation to an organisation the

central authority shall issue an Accreditation Certificate which shall be

valid for a period of two years from date of issue.

(2) The certificate referred to in sub-article (1) may be

renewed by the central authority if the accredited agency applies for

renewal by not later than two months prior to the expiration of its

accreditation and renewal shall only be granted if the accredited agency

is still in compliance with articles 10 and 11. The decision of the central

authority on the renewal of the accreditation certificate shall be served

on the accredited agency, by registered mail, within thirty days from

the application for renewal.

(1) The central authority shall have the right to refuse an

application for accreditation if it deems the organisation not fit to carry

out adoption services. The refusal together with the reasons therefor

shall be served in writing, by registered mail, to the organisation applying

for accreditation within three months from the date of application.

(2) The organisation shall have the right to request a reversal

of the decision of the central authority by filing an application in front

of the Board of Appeal within twenty days from the date of service as

specified in sub-article (1).

(3) The organisation shall have the right to re-apply to the

central authority for accreditation if the reason for the refusal no longer

subsists.

(1) The central authority shall have the right to revoke Revocation

accreditation.

accreditation of an agency at any time, if the agency>

(a)

files a request in writing for revocation<

(b) ceases to comply with the criteria of eligibility for

accreditation<

(c) is no longer deemed suitable to provide adoption

services<

(d) is in breach of the conditions for accreditation in

accordance with the provisions of this Act.

(2) The central authority shall serve the agency, by

registered mail, with the written revocation together with the reasons

therefor and such revocation shall have effect from date of service.

(3) If the accreditation is revoked on any of the grounds

mentioned in paragraphs (b), (c) or (d) of subarticle (1), the agency

shall have the right to file an application in front of the Board of Appeal,

requesting a reversal of the decision of the central authority, within

twenty days of the service specified in subarticle (2).

(4) If an appeal is filed in accordance with sub-article (3),

the agency may request the Board of Appeal to suspend the decision of

the central authority until the final decision.

(5) If the accreditation of an agency is revoked, the

Accreditation Certificate and all the records and documentation relating

to the pre-adoption and adoption services shall become the property of

the central authority. The central authority may appoint another

accredited agency to have custody of such records and documentation,

continue to monitor the prospective adoptive parents, and to carry out

all the functions that belonged to the agency whose accreditation was

revoked, according to article 22.

(1) During the month of January of every year the central Publication in

the Gazette.

authority shall publish in the Gazette>

(a) a list of accredited agencies specifying their full name,

registered address and other relevant contact details<

(b) a list of agencies whose accreditation has been revoked

throughout the previous calendar year< and

(c) any changes in the conditions required for accreditation

or renewal.

(2) The lists in paragraphs (a) and (b) of sub-article (1) shall

also be communicated by the central authority to the Permanent Bureau

of the Hague Conference.

PART V

BOARD OF APPEAL

(1) There shall be a Board of Appeal consisting of a

Chairperson and two other members. One of these shall be a person

who has held a warrant to practise the profession of advocate for at

least seven years.

(2) The members of the Board of Appeal shall be appointed

by the Minister for a period of three years, and may be removed from

office by the Minister on grounds of proved inability to perform the

functions of their office or of proved misbehaviour.

(3) A member of the Board of Appeal may be challenged

or may abstain for any of the reasons for which a judge may be

challenged or may abstain in accordance with article 734 of the Code

of Organization and Civil Procedure. In any such case, the Minister

shall appoint another person to sit as a member on the Board of Appeal

in substitution of the said member for the duration of the appeal in

question.

(4) A person shall not be qualified to be appointed or

continue to hold office as a member of the Board of Appeal if that

person is a Judge, a Magistrate, a member of the House or of a Local

Council, or a candidate for election to the House or a Local Council.

(1) The Board of Appeal shall be competent to>

(a) review decisions of the Adoption Board upon an appeal

filed in accordance with article 6<

(b) review decisions of the central authority upon an appeal

filed in accordance with articles 13 and 14<

(c) hear and decide an appeal filed in accordance with the

provisions of this Act and any regulations made thereunder<

(d) undertake any other function as the Minister may

designate by regulations made by virtue of this Act.

(2) In order to carry out its duties, the Board of Appeal shall

have access to all documentation pertaining to the adoption procedure

and it shall be unlawful for any person to hinder it in the carrying out of

its functions.

(3) The Board of Appeal shall have such powers as are, by

the Code of Organization and Civil Procedure, vested in the Civil Court,

First Hall.

(4) Without prejudice to subarticle (3), in the exercise of its

functions, the Board of Appeal may summon any person to give evidence

and produce the necessary documentation. For this purpose the

Chairperson shall have the power to administer the oath.

(5) The Board of Appeal shall decide an application for

appeal by not later than four months from the date of the filing of the

application, unless in the opinion of the Chairperson a longer period is

necessary for a valid reason which must be stated and registered in the

proceedings of the case.

(6) A decision by the Adoption Board or by the central

authority shall have immediate effect unless the Board of Appeal decides

to suspend it until it has given the final judgement.

(7) The decision of the Board of Appeal, together with the

reasons therefor, shall be sent by registered mail to the applicants, the

Adoption Board and the central authority, by not later than three working

days from the date of such decision.

(8) In cases falling under the jurisdiction of the Board of

Appeal in accordance with sub-article (1), there shall be a right of appeal

on a point of law. Such appeal shall be made by an application to the

Court of Appeal constituted in accordance with article 41(6) of the Code

of Organization and Civil Procedure. Such application shall be filed by

not later than twenty days from the date of the decision of the Board of

Appeal.

PART VI

ACCREDITED AGENCIES

An organisation shall be deemed to make arrangements for

the adoption of a child if it enters into any agreement or makes any

arrangements for facilitating the adoption of a child.

An accredited agency shall develop, update and execute

written policies, procedures and manuals which shall be subject to

approval by the central authority. These written policies, procedures

and manuals shall include training and assessment procedures, and

matching of prospective adoptive parents with children, in cases of local

adoptions.

Before commencing the adoption process, the accredited

agency shall>

(a) inform prospective adoptive parents of its objectives,

powers and activities<

(b) make available a copy of its Accreditation Certificate

to prospective adoptive parents as proof of its accreditation<

(c) inform prospective adoptive parents of any legal

requirements<

(d) explain the written agreement that prospective adoptive

parents must sign, with regard to the services that will be provided

to them and the applicable fees.

An accredited agency shall maintain one or more registers

listing>

(a)

the prospective adoptive parents registered with it< and

(b) the adoptions carried out by it, indicating the children

who have been adopted by persons previously registered with it as

prospective adoptive parents.

(1) An accredited agency shall be responsible to>

(a) provide a service according to the standards, criteria and

procedures established by the central authority<

(b) receive and process applications from persons who

would like to adopt a child<

(c)

provide training to prospective adoptive parents<

(d) draw up a report, to be known as the “Home Study

Report”, on the situation of the prospective adoptive parent,

including any recommendations on whether such prospective

adoptive parent should be allowed to adopt and the reasons therefor.

(e) assess the suitability or otherwise of prospective adoptive

parents<

(f) ensure that any adoption placement will be in the best

interest of the person to be adopted<

(g) draw up agreements of open adoption and reviews

thereof in accordance with sub-article (4) of this article<

(h) draw up reports, to be known as “Post Adoption Reports”

on the situation of the adoptive parents and the adopted child in

accordance with the provisions of this Act<

(i) grant the central authority access to any records and

documentation dealing with the adoption procedure of any child

and to any reports on an adoptive parent or a prospective adoptive

parent, including the Home Study Reports and Post Adoption

Reports<

(j) grant the central authority access to its financial accounts

and audits<

(k) report to the central authority at the end of every calendar

year on the performance of its functions<

(l) comply with any other duties and obligations as specified

by the central authority or as a result of regular monitoring of the

operations of the accredited agency by the central authority<

(m) act in accordance with Title III of Book First of the

Civil Code, the Hague Convention and the provisions of this Act.

(2) In order to draw up the Home Study Report and the

Post Adoption Reports, the social worker authorised by the accredited

agency shall carry out the necessary home visits. These visits may be

unannounced and the prospective adoptive parents shall not refuse entry,

shall co-operate with the social worker and shall provide correct

information to the best of their knowledge.

(3) The Home Study Report shall be forwarded to the

Adoption Board for it to issue the final recommendation to the court.

This report shall be valid for a period of two years, following which a

new Home Study Report shall be required.

(4) In the case of a child who has attained eleven years of

age, and if it is in his best interest, the accredited agency shall draw up

an agreement of open adoption, either directly or through a family

mediator, after hearing the child and obtaining the consent of the parents

and the prospective adoptive parents. When the agreement is drawn up

and signed, the accredited agency shall seek the approval of the Adoption

Board. Such agreement shall not be enforceable without the authorisation

of the court in accordance with article 119 of the Civil Code.

(5) The accredited agency shall also be responsible to draw

up any reviews to the agreement of open adoption and to seek the

approval of the Adoption Board for such reviews.

(1) All adoptions shall be subject to Post Adoption Reports

and the adoptive parents shall co-operate with the social worker in order

for the report to be drawn up.

(2) In the case of a local adoption the Post Adoption Reports

shall be drawn up for a period as specified by the accredited agency

which in any case shall not exceed two years from the date of adoption.

(3) In the case of an intercountry adoption, the Post Adoption

Reports shall be drawn up for a specified period in accordance with the

requirements of the country of origin and forwarded to the relevant

authority in the country of origin, according to its requirements.

In the case of local adoptions, an accredited agency shall

make all reasonable efforts to match prospective adoptive parents with

children who need an adoption placement. The accredited agency shall

ensure that the matching shall be in the best interests of the child to be

adopted and that all social workers who are assigned to carry out duties

of matching with regard to the adoption proceedings are adequately

trained to carry out this function.

PART VII

OFFENCES

Any person who, in any way hinders or obstructs the Hindrance.

Adoption Board, the Board of Appeal, the central authority or an

accredited agency in the performance of any of their functions shall

be guilty of an offence and shall on conviction be liable to

imprisonment for a term of not less than six months and not exceeding

one year or to a fine (multa) of not less than one thousand and one

hundred and sixty-four euros and sixty nine cents (1,164.69) but not

more than two thousand and three hundred and twenty-nine euros

and thirty seven cents (2,329.37) or to both such fine and

imprisonment.

(1) Any person or organisation that makes arrangements Adoption

for the adoption of a child without the authorisation of the central by

persons or

authority shall be guilty of an offence and shall on conviction be liable organisations.

to imprisonment for a term of not less than six months and not exceeding

one year or to a fine (multa) of not less than one thousand and one

hundred and sixty-four euros and sixty nine cents (1,164.69) but not

more than two thousand and three hundred and twenty-nine euros and

thirty seven cents (2,329.37) or to both.

(2) Any conviction under sub-article (1) shall be notified

by the Registrar of Courts to the court that made the adoption decree,

and such court shall take any measures it considers expedient in the

best interests of the child, including the revocation of the adoption decree

if circumstances so warrant.

Without prejudice to article 25 or any specific penalty Other offences.

provided for under any other law, any person who acts in breach of any

provision of this Act or any regulations made thereunder, shall be guilty

of an offence and shall, on conviction, be liable to a fine (multa) of not

less than two hunded and thirty two euros and ninety three cents (232.93)

but not more than two thousand and three hundred and twenty-nine

euros and thirty seven cents (2,329.37).

PART VIII

REGULATIONS

Regulations.

The Minister may make regulations>

(a) for the accreditation, monitoring and control of

accredited agencies, including any applicable fees, and for the

refusal or revocation of such accreditation<

(b) to establish procedures to be followed by the Adoption

Board and, or the central authority<

(c) to lay down the rules on the powers of and the procedures

to be followed by the Board of Appeal<

(d) for any incidental and supplementary matter which the

Minister considers expedient to provide for, for the effective

implementation of the provisions of this Act<

(e)

to establish penalties for breach of the provisions of this

Act.

PART IX

AMENDMENTS TO THE CIVIL CODE, CAP. 16

Article 113 of the Civil Code, hereinafter in this Part referred

to as “the principal law”, shall be amended as follows>

(a) sub-article (1) thereof shall be deleted and substituted

with the following>

“(1) For the purposes of this Title and of any

regulations made thereunder a person shall be deemed to make

or participate in arrangements for the adoption of a person if

he enters into or makes any agreement or arrangement for, or

for facilitating, the adoption of a person by any other person.”.

(b) in paragraph (b) of sub-article (2) thereof for the words

“effected under this Code” there shall be substituted the words

“effected under this Code and in accordance with the provisions

of the Adoption Administration Act” and for the words “includes

an overseas adoption” there shall be substituted the words “includes

an intercountry adoption” and immediately thereafter there shall

be inserted the following new paragraph>

“(c) “Adoption Board” shall have the same meaning

assigned to it by article 2 of the Adoption Administration

Act<”

(c) paragraph (c) shall be renumbered as paragraph (d) and

immediately thereafter there shall be inserted the following new

paragraphs>

“(e) “family mediator” means a mediator as specified

in the Civil Court (Family Section), the Civil Court (General

Jurisdiction) and the Court of Magistrates (Gozo) (Superior

Jurisdiction) (Family Section) Regulations<

(f) “foster carer” shall have the meaning assigned to it

by article 2 of the Foster Care Act<

(g) “intercountry adoption” shall have the meaning

assigned to it by article 2 of the Adoption Administration

Act<

(h) “social worker” shall have the meaning assigned

to it by article 2 of the Social Work Profession Act.”<

(d) paragraph (d) shall be deleted<

(e) immediately after sub-article (2) there shall be inserted

the following new sub-article>

“(3) For the purposes of this Title, unless the context

otherwise requires>

(a) “accredited agency” shall have the same

meaning assigned to it by article 2 of the Adoption

Administration Act<

(b) “Board of Appeal” shall have the same

meaning assigned to it by article 2 of the Adoption

Administration Act<

(c) “central authority” shall have the same

meaning assigned to it by article 2 of the Adoption

Administration Act<

(d) “child” means a person under eighteen years

of age<

(e) “country of origin” in respect of intercountry

adoption shall mean the country from which a child is

adopted<

(f) “Hague Convention” means the Convention

on Protection of Children and Co-Operation In Respect

of Intercountry Adoption<

(g) “open adoption” shall have the same meaning

assigned to it by article 2 of the Adoption Administration

Act.”.

Article 114 of the principal law shall be amended as follows>

(a) in sub-article (1) thereof, for the words “made on the

application of a person of either sex.” there shall be substituted the

words “following a recommendation made by the Adoption Board,

made on the application of a person of either sex.”<

(b) in sub-article (2) thereof, for the words “of not less than

five years” there shall be substituted the words “of not less than

three years” and in the proviso thereto, for the words “have been

married for less than five years.” there shall be substituted the words

“have been married for less than three years and the court shall not

be bound to request or review the recommendation of the Adoption

Board.”<

(c) immediately after sub-article (4) there shall be inserted

the following new sub-article>

“(5) In the case of a person who has attained the age

of eighteen years and who is to be adopted in accordance

with article 115(2)(a), no recommendation shall be required

from the Adoption Board and no social worker and, or

children’s advocate shall be appointed.”.

Article 115 of the principal law shall be amended as follows>

(a) paragraph (a) of sub-article (1) thereof shall be deleted

and substituted with the following new paragraph>

“(a) has attained the age of twenty eight years and is

at least twenty one years older but not more than forty-five

years older than the person to be adopted>

Provided that if the applicant or applicants request the

court for authorisation to adopt siblings, the restriction

mentioned in this paragraph shall be deemed to be satisfied if

there is the required age difference at least with regards to

one of the children, and if the adoption will be in the best

interests of all the siblings involved< or”<

(b) paragraph (a) of sub-article (2) thereof shall be deleted

and substituted with the following>

“(a) in respect of a person who has attained the age of

eighteen years except>

(i) in favour of a sole applicant who is the mother

or the father of the person to be adopted< or

(ii) in favour of the parent and the spouse, if the

person to be adopted has lived with such parent and

spouse for at least five consecutive years and consents

to the adoption< or

(iii) in favour of a foster carer who has fostered

the person to be adopted for at least the previous five

consecutive years, if the person to be adopted consents

to the adoption<”<

(c) paragraph (b) of sub-article (2) thereof shall be deleted

and paragraphs (c) and (d) shall be renumbered as paragraphs (b)

and (c) respectively<

(d) in paragraph (a) of sub-article (3) thereof, for the words

“and is alive<” there shall be substituted the words “and is alive,

even if the parent has not yet attained eighteen years of age<”<

(e) in paragraph (b) of sub-article (3) thereof, for the words

“if she is alive<” there shall be substituted the words “if she is

alive, even if she has not attained eighteen years of age<”<

(f) paragraph (d) of sub-article (3) shall be deleted and

substituted with the following>

“(d) when the person to be adopted has attained the

age of eleven years, except with his consent and after having

been assisted by a children’s advocate.”<

(g) sub-article (4) thereof shall be amended as follows>

(i) for paragraph (a) thereof there shall be substituted

the following new paragraph>

“(a) hear any person who has been entrusted with

the care and custody of the child to be adopted<”<

(ii) paragraphs (a) and (b) shall be renumbered as

paragraphs (b) and (c) respectively<

(iii) in paragraph (b) thereof, as renumbered, for the

words “to be adopted as his child or if the court is satisfied

that he has contributed towards his maintenance or has shown”

there shall be substituted the words “to be adopted as his child

and if the court is satisfied that he has contributed towards

his maintenance and has shown”<

(iv) in paragraph (c) thereof, as renumbered, for the

words “as the case may be.” there shall be substituted the

words “as the case may be<” and immediately thereafter, there

shall be inserted the following>

“(d) hear the child’s advocate and, or social

worker appointed by the court to protect the best interests

of the child and to secure his representation.”.

Article 116 of the principal law shall be amended as follows>

(a) in sub-article (1) thereof, for the words “attained the

age of six weeks.” there shall be substituted the words “attained

the age of six weeks>”, and immediately thereafter there shall be

inserted the following new proviso>

“Provided that, prior to the making of the adoption decree,

the applicant or applicants may request the court to grant temporary

care and custody of the child to be adopted.”.

(b) sub-article (2) thereof shall be deleted and substituted

with the following>

“(2) During the three month period specified in sub-

article (1), the accredited agency responsible for the adoption

placement shall take any measures it deems expedient to

ensure that the placement with the applicant or applicants is

in the best interests of the child and if the placement is not

deemed to be in the best interests of the child, the accredited

agency shall ask the Adoption Board to seek authorisation

from the court for the removal of the child from the placement.

(1) Paragraph (a) of sub-article (1) of article 117 of the

principal law shall be deleted and substituted with the following>

“(a)

in the case of a dispensation with any such consent,

that>

(i) the person who is required to give his consent is

incapable of giving such consent< or

(ii) the parent cannot be found or has abandoned,

neglected or persistently ill-treated, or has persistently either

neglected or refused to contribute to the maintenance of the

person to be adopted or had demanded or attempted to obtain

any payment or other reward for or in consideration of the

grant of the consent required in connection with the adoption<

or

(iii) either of the parents are unreasonably withholding

their consent< or

(iv) either of the parents may be deprived of parental

authority over the child to be adopted in accordance with

article 154 (1)< or

(v) the child to be adopted is not in the care and custody

of either of the parents and the Adoption Board declares that

there is no reasonable hope that the child may be reunited

with his mother and, or father< or

(vi) the parent or parents have unjustifiably, not had

contact with the child to be adopted for at least eighteen

months< or

(vii) it is in the best interests of the child to be adopted

for such consent to be dispensed with.”.

(2) Immediatley following subarticle (3) of article 117 of

the principal law there shall be inserted the following new subarticle

“(4) The Court may dispense with any consent or hearing

required for adoption following a request by a children’s advocate on

behalf of a child who has attained eleven years of age and who would

like to be adopted.”.

Amendment

Article 119 of the principal law shall be amended as follows> of article

119 of the

principal law.

(a) in paragraph (c) of sub-article (1) thereof for the words

“the court may sanction.” there shall be substituted the words “the

court may sanction<” and immediately thereafter there shall be

inserted the following>

“(d) that due consideration has been given to the

recommendations of the Adoption Board.”<

(b) immediately after sub-article (3) there shall be inserted

the following new sub-article>

“(4) In the case of a child who has attained eleven years

of age and if it is in his best interest, the court may, in making

the adoption decree, authorise an agreement of open adoption

which has been approved by the Adoption Board, whereby

the parents and, or the natural family shall maintain contact

with the child>

Provided that the court shall ensure that an agreement

of open adoption was entered into after the child and the parties

had given their consent thereto>

Provided further that any amendments to the agreement

of open adoption shall not have any effect before they are

authorised by the Court.

Article 120 of the principal law shall be amended as follows>

(a)

the present article shall be enumerated as subarticle (1)<

and

(b) immediatley after subarticle (1) as re-numbered, there

shall be insterted the following new subarticle>

“(2) Upon an application for an adoption decree of a

person to be adopted, the court may on its own motion or on

the application of an interested person, including the child to

be adopted, appoint a child’s advocate and, or a social worker

to ensure that the child is adequately represented and his best

interests safeguarded.”.

In paragraph (c) of article 121 of the principal law for the

words “render an account thereof to the adopter.” there shall be

substituted the words “render an account thereof to the adopter<” and

immediately thereafter there shall be inserted the following>

“(d) the parents shall, in the case of an open adoption, retain

the right to maintain contact with the person in respect of whom

the adoption decree is made<

(e) the court shall inform the competent authorities that the

adoption decree has terminated the care order if an adoption decree

has been made in favour of a child who is under a care order issued

by virtue of the Children and Young Persons (Care Orders) Act .”.

Article 122 of the principal law shall be amended as follows> Amendment

of article

122 of the

principal law.

(a) in subarticle (1) thereof, for the words “in respect of a

person” to the words “person has undertaken” there shall be

substituted the words “, any judgement, decree or order for the

payment of maintenance in force with respect to that person, and

any agreement whereby the parent of that person has undertaken”<

(b) in subarticle (2) thereof, the words “with respect to that

person unless the adoption decree was made on the application of

the mother of that person alone” shall be deleted.

Article 124 of the principal law shall be amended as follows> Amendment

of article

124 of the

principal law.

(a) immediately after the words “shall assume the surname

of the adopter>” there shall be inserted the following new proviso>

“Provided that where the adoption decree is made in favour

of two spouses, the person in respect of whom the adoption decree

is made shall assume the surname of the adoptive father, to which

may be added the surname of the adoptive mother>”< and

(b) in the proviso thereto for the words “Provided that” there

shall be substituted the words “Provided further that” and for the

words “below the age of four years” there shall be substituted the

words “below the age of three years”.

Immediately after article 127 of the principal law there shall Addition

of new article

be inserted the following new article>

127A to the

principal law.

127A. (1) An adopter or an adopted person who has

“Right to

information.

attained eighteen years of age may apply to the court for a

copy of the relevant adoption decree and, or details of the

adopted person’s natural family and, or adoption placement.

(2) An adopted person who has attained

eighteen years of age shall have the right to apply to the court

for authorisation to obtain a copy of his original birth

certificate from the Public Registry.

(3) Prior to giving an order related to sub-

articles (1) and (2), the court shall hear the applicant and any

other person it deems fit in the circumstances.”.

In sub-article (2) of article 128 of the principal law, for the

words “on conviction by the Court of Magistrates, be liable to

imprisonment for a term not exceeding six months or to a fine (multa)

not exceeding one hundred liri or to both,” there shall be substituted the

words “on conviction, be liable to imprisonment for a term of not less

than six months but not exceeding one year or to a fine (multa) of not

less than one thousand and one hundred and sixty-four euros and sixty

nine cents (1,164.69) but not more than two thousand and three hundred

and twenty-nine euros and thirty seven cents (2,329.37) or to both,”

and for the words “until other arrangements can be made for him.”

there shall be substituted the words “until other arrangements can be

made for him. The person convicted of an offence in terms of this article

shall also be liable to reimburse any amount which was paid to him.”.

Immediately after article 128 there shall be inserted the

following new articles>

to the principal law.

“Prohibition

128A. (1) No person shall, without the approval in

of

writing of an accredited agency, publish or cause to be

publication.

published in any newspaper, periodical or any other printed

matter or by means of broadcasting, television, public

exhibition or by any other means or medium, any

advertisement, news item or other matter indicated, whether

or not in relation to a particular child, born or unborn, that>

(a)

a child may be adopted<

(b) a person intends to adopt a child< or

(c) a person intends or is willing to make

arrangements with a view to the adoption of a child.

(2) Unless authorised by the court, no person shall

publish or cause to be published in any newspaper, periodical,

any other printed matter or by means of broadcasting or

television, public exhibition or by any other means or medium,

anything related to an application for the adoption of a child

or to adoption proceedings including>

(a)

the name of the applicant or applicants<

(b) the name of the person who is or will be

adopted<

(c) the name of the father, mother, curator or tutor

of the child who is or will be adopted< or

(d) any matter likely to enable any of the persons

mentioned in paragraphs (a), (b) and (c) of this sub-article

to be identified.

(3) Any person who contravenes the provisions

of this article shall be guilty of an offence and shall, on

conviction, be liable to imprisonment for a term of not less

than three months but not exceeding six months or to a fine

(multa) of not less than one thousand and one hundred and

sixty-four euros and sixty nine cents (1,164.69) but not more

than two thousand and three hundred and twenty-nine euros

and thirty seven cents (2,329.37) or to both.

128B. (1) Notwithstanding the provisions of any

other law, any person who knowingly makes a false statement,

whether orally or in writing, for the purposes of or in

connection with an adoption, shall be guilty of an offence

and shall, on conviction, be liable to imprisonment for a term

of not less than three months but not exceeding six months or

to a fine (multa) of not less than five hundred and eighty two

euros and thirty four cents (582.34) but not more than one

thousnad and one hundred and sixty-four euros and sixty nine

cents (1,164.69), or to both.

(2) A person who knowingly gives false

information in the application for the entry of a person’s details

in the Reunion and Information Register shall be guilty of an

offence and shall, on conviction, be liable to a fine (multa)

not exceeding five hundred and eighty two euros and thirty

four cents (582.34).

128C. Notwithstanding the provisions of any other law,

Impersonation

a person who impersonates or falsely represents himself to

representation.

be an adopted child, parent, adopter, relative, person whose

consent to the adoption of a child is required at law, or other

person having an interest in an adopted child, shall be guilty

of an offence and shall, on conviction, be liable to

imprisonment for a term of not less than three months but not

exceeding six months or to a fine (multa) of not less than five

hundred and eighty two euros and thirty four cents (582.34)

but not more than one thousnad and one hundred and sixty

four euros and sixty nine cents (1,164.69), or to both.

128D. If in any adoption proceedings a person files a

document purporting to indicate the consent to the adoption

or the revocation thereof, where the signature is forged or

obtained by fraud or duress, such person shall be guilty of an

offence and shall, on conviction, be liable to imprisonment

for a term of not less than six months but not exceeding one

year or to a fine (multa) of not less than one thousand and one

hundred and sixty four euros and sixty nine cents (1,164.69)

but not more than two thousand and three hundred and twenty

nine euros and thirty seven cents (2,329.37), or to both.

128E. A person who uses or threatens to use any force

Use of force.

or restraint or injures or threatens to injure, or causes or

threatens to cause anything to the detriment of a parent of a

child with the intention of>

(a) inducing a parent to offer or refrain from

offering the child for adoption<

(b) influencing a parent on whether or not to

consent to the adoption,

shall be guilty of an offence and shall, on conviction, be liable

to imprisonment for a term of not less than three months but

not exceeding six months or to a fine (multa) of not less than

one thousand and one hundred and sixty four euros and sixty

nine cents (1,164.69) but not more than two thousand and

three hundred and twenty nine euros and thirty seven cents

(2,329.37), or to both.

128F. A parent who consents to the adoption of his

child and proceeds to remove the child from the care and

custody of the prospective adopter or adopters without the

authority of the court, shall be guilty of an offence, and

shall on conviction be liable to imprisonment for a term of

not less than two months but not exceeding four months or

to a fine (multa) of not less than five hundred and eighty

two euros and thirty four cents (582.34) but not more than

one thousand and one hundred and sixty four euros and sixty

nine cents (1,164.69), or to both.”.

Article 129 of the principal law shall be amended as follows> Amendment

of article

129 of the

principal law.

(a)

paragraph (d) thereof shall be deleted<

(b) paragraphs (e) and (f) shall be re-numbered as (d) and

(e)< and

(c) in paragraph (e) thereof as renumbered, the words

“,which penalties shall not exceed imprisonment for a term of six

months” shall be deleted.

Article 130 of the principal law shall be amended as follows> Amendment

of article

130 of the

principal law.

(a) in the marginal note thereof, for the word “overseas”

there shall be substituted the word “intercountry”<

(b) in sub-article (1) thereof, for the words “where an

overseas adoption is to be treated” there shall be substituted the

words “where an intercountry adoption is to be treated”<

(c) in sub-article (2) thereof, for the words “whereby the

overseas adoption was effected” there shall be substituted the words

“whereby the intercountry adoption was effected”<

(d) in sub-article (3) thereof, for the words “in respect of an

overseas adoption” there shall be substituted the words “in respect

of an intercountry adoption”<

(e) in paragraph (a) of sub-article (3) thereof, for the words

“such overseas adoption” there shall be substituted the words “such

intercountry adoption”<

(f) in paragraph (b) of sub-article (3) thereof, for the words

“relating to the overseas adoption to be made” there shall be

substituted “relating to the intercountry adoption to be made”<

(g) in paragraph (d) of sub-article (3) thereof, for the words

“that an overseas adoption shall cease” there shall be substituted

the words “that an intercountry adoption shall cease”.

In article 130A of the principal law for the words “where an Amendment

of article

overseas adoption is regulated” there shall be substituted the words 130A of the

“where an intercountry adoption is regulated” and for the words “in principal law.

respect of such an overseas adoption” there shall be substituted the words

“in respect of such an intercountry adoption”.

PART X

The provision of this Act shall be applicable to adoption

Transitory

provision.

procedures initiated following the entry into force of this Act.

Passed by the House of Representatives at Sitting No. 613 of 29th January,

2008. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

€2.61 (Lm1.12)