ACT No. XII of 2015 AN ACT to amend the Civil Code and to provide for matters connected therewith or ancillary thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

17th April, 2015

ACT No. XII of 2015

AN ACT to amend the Civil Code and to provide for matters

connected therewith or ancillary thereto.

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:-

(1) The short title of this Act is the Civil Code Short title.

(Amendment) Act, 2015, and this Act shall be read and construed as Cap. 16.

one with the Civil Code hereinafter referred to as "the Code".

(2) The provisions of articles 2, 6 and 7 shall enter into force on

such date as the Minister responsible for Home Affairs may prescribe

by notice in the Gazette.

"FORM W

FORMULA W

FORM W

[Artikolu 92(1)

[Article 92(1)]

]

FORM X

FORMULA X

FORM X

[Artikolu 92(1)]

[Article 92(1)]

".

Passed by the House of Representatives at Sitting No. 256 of the 1st April,

2015. A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.72

Article 4 of the Code shall be amended as follows

Amendment of

article 4 of the

Code.

(a) in the proviso to sub-article (3) thereof, immediately

after the words "in their social life" for the words "they have

added and made use" there shall be substituted the words "they

wish to add and make use" and for the words "Such declaration

may not be made after the lapse of one year from date of entry

into force of this disposition", there shall be substituted the

words "Such declaration shall be accepted by the Director of the

Public Registry from the date of the coming into force of this

proviso"; and

(b) immediately after sub-article (8) thereof, there shall

be added the following new proviso

"However, irrespective of whether the parents of the

child are still married or not, or whether they are divorced or

separated, one of the parents, or the child himself, if he is

not a minor, shall have the right to make a declaration by

means of Form T. This shall be notified to the other parent,

at his last known address as indicated on his identity card,

who shall have five working days from notification to

oppose this request if he is of the opinion that this would not

be in the best interests of the child. If the other parent does

not oppose, the Director shall proceed with the registration

in the relative act.".

Sub-article (1) of article 92 of the Code shall be amended

as follows

(a) for the words from "A child conceived and born out

of wedlock" to the words "he shall assume the maiden surname

of the mother", there shall be substituted the words "A child

conceived and born out of wedlock, if he has been

acknowledged by the father, shall assume his surname, to which

may be added the surname of the mother; otherwise, he shall

assume the surname of the mother"; and

(b) in the proviso thereto, for the words "article 292A."

there shall be substituted the words "article 292A:", and

immediately thereafter there shall be added the following

"Provided that, when a child is born out of wedlock

before the entry into force of this proviso and is

acknowledged by the father after the entry into force of

this proviso, by the procedure established in article 86 and

the father and the mother wish that in addition to the

father’s surname there is added the mother’s surname,

reference to this fact shall be made in the judicial letter and

in the relative note mentioned in article 86

Provided further that if the mother wishes to add her

surname to that of the father, reference to this fact shall be

made in the relative note mentioned in article 86, even if the

father had not shown this intention in the said judicial letter.

In this case, the note shall be notified to the father who shall

have five working days, from notification, to oppose if he is

of the opinion that the addition of the mother’s surname to

the original surname, would not be in the best interests of

the minor. If the father does not oppose this request, the

Director shall proceed with the registration in the relative

act

Provided further that, if an acknowledgement is

requested to be made by judicial demand before the

competent Court after the entry into force of this proviso,

the appropriate request so that after the father’s surname

there is added the mother’s surname, shall be made to the

Court at any time before the pronouncement of the

judgment. In the absence of such request the child shall

assume the father’s surname

Provided further that, in the case of children born

out of wedlock before the 7 th of August, 2007 and who

have been acknowledged by the father on the birth

certificate, or by any other procedure contemplated by law

before the entry into force of this proviso, as well as

children born out of wedlock after the 7 th of August, 2007

and who have been acknowledged by the father on the

birth certificate, or by any other procedure contemplated

by law before the entry into force of this proviso, such

children shall be able to add their mother’s maiden

surname after their father’s surname provided that they

submit Form W, contained in Part II of the First Schedule,

to the Director of Public Registry. This form shall contain a

declaration that in their social life they have added and

made use of their mother’s maiden surname after assuming

their father’s surname since birth or by means of an

acknowledgement. This form shall be accepted by the

Director of the Public Registry from the date of the coming

into force of this proviso and when this form is delivered to

the Public Registry Office, the Director shall make an

annotation of this declaration on every act of the civil

status of the person making such declaration, which such

acts shall be indicated in the same form. This declaration

made by means of Form W shall be irrevocable

Provided further that the descendants, including the

adopted children of persons who have submitted the Form

W to the Director of the Public Registry, may, by not later

than one year from the closing date of Form W also

submit, to the Director of the Public Registry, Form X

contained in Part II of the First Schedule, declaring that

they wish to use the same surname as their ascendant’s, as

duly annotated in the respective acts of the civil status by

virtue of the last proviso before this. Upon receipt of such

form the Director of the Public Registry shall make an

annotation of this declaration on every act of the civil

status of the person making such declaration. This

declaration made by means of Form X shall be

irrevocable.".

In article 247 of the Code, for the words "its receipt." there

shall be substituted the words "its receipt:", and immediately

thereafter there shall be added the following new proviso

"Provided that this article shall not apply in the cases

mentioned under article 285A.".

Immediately after article 285 of the Code, there shall be

added the following new article

" Children born

285A. (1) The Director of the Public

at sea on board

Registry may, for humanitarian reasons only,

a vessel that is

register the birth of children that were born at

not registered

in any place.

sea on board a vessel that is not registered in

any place and provided that it results that the

Maltese islands were the first harbour where

such vessel disembarked immediately after

the birth of such child.

(2)

The Director shall proceed with

such registration if he is satisfied, by means of

scientific

verifications,

assurances

of

geographical co-ordinations and any other

verifications or assurances that the Director

deems appropriate, that the child was born at

sea on board a vessel that is not registered

under any jurisdiction. In such cases, the

place of birth of the child shall be listed as

born at sea.

(3)

The registration made under this

article shall in no way affect or prejudice the

provisions of the Maltese Citizenship Act.".

In Form T of the First Schedule, Part II, of the Code, for the

words "I the undersigned, declare in the presence of the undersigned

witness, that in social life I have always added my mother’s maiden

surname or the surname of her predeceased husband after my father’s

surname, and therefore the surname I always used is:" there shall be

substituted the words "I the undersigned, declare in the presence of the

undersigned witness, that I intend to add my mother's maiden surname

or the surname of her predeceased husband after the surname of my

father, and thus the name that I use is:".

Immediately after Form V of the First Schedule, Part II, of Addition of new

to the

the Code, there shall be added the new forms (Forms W and X) Forms

First Schedule,

contained in the Schedule to this Act.

Part II of the

Code.