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ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.

108 Articles / Provisions · Malta
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Table of Provisions (108)

Preamble Art. 1 Schedule Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 8 Amendment of article 204 of the Code. Art. 9 Amendment of article 208A of the Code. Art. 10 Amendment of article 222 of the Code. Art. 11 Amendment of article 255 of the Code. Art. 12 Amendment of article 331 of the Code. Art. 13 Amendment of article 374 of the Code. Art. 14 Amendment of article 391 of the Code. Art. 15 Amendment of article 392 of the Code. Art. 16 Amendment of article 452 of the Code. Art. 17 Amendment of article 506 of the Code. Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Amendment of article 527 of the Code. Art. 25 Amendment of article 529 of the Code. Art. 26 Amendment of article 745 of the Code. Art. 27 Amendment of article 968 of the Code. Art. 28 Amendments to the Civil Code. Art. 29 Amendment of article 4 of the Code. Art. 30 Art. 31 Art. 32 Amendment of article 62A of the Code. Art. 33 Amendment of article 67 of the Code. Art. 34 Substitution of article 69 of the Code. Art. 35 Art. 36 Art. 37 Substitution of article 73 of the Code. "Time within which to bring action for Art. 38 Art. 39 Art. 40 Substitution of article 77A of the Code. "Application for declaration of parenthood. Art. 41 Substitution of article 77B of the Code. " Demand may Art. 42 Substitution of article 77C of the Code. " Sworn Art. 43 Art. 44 Amendment of article 83 of the Code. Art. 45 Amendment of article 110 of the Code. Art. 46 Amendment of article 115 of the Code. Art. 47 Art. 48 Art. 49 Art. 50 Art. 51 Art. 52 Art. 53 Art. 54 Amendment of article 272 of the Code. Art. 55 Amendment of article 275 of the Code. Art. 56 Amendment of article 276 of the Code. Art. 57 Amendment of article 277 of the Code Art. 58 Art. 59 Art. 60 Art. 61 Substitution of article 281 of the Code. " Particulars Art. 62 Art. 63 Amendment of article 293 of the Code. Art. 64 Amendment of article 295 of the Code. Art. 65 Amendment of article 592 of the Code. Art. 66 Amendment of article 593 of the Code. Art. 67 Amendment of article 594 of the Code. Art. 68 Amendment of article 595 of the Code. Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Art. 75 Art. 76 Art. 77 Amendment of article 1367 of the Code. Art. 78 Amendment of article 1501 of the Code. Art. 79 Amendment of article 1531F of the Code. Art. 80 Amendment of article 1531I of the Code. Art. 81 Amendment of article 1614 of the Code. Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 88 Art. 89 Art. 90 Amendment of the First Schedule of the Code. Art. 91 Amendment of the First Schedule to the Civil Code. Art. 92 Amendments to the Interpretation Act. Art. 93 Amendment of article 4 of the principal Act. Art. 94 Amendments to the Marriage Act. Art. 95 Art. 96 Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Addition of a new article to the principal Act. Art. 102 Amendment of article 33 of the principal Act. Art. 103 Amendments to the Civil Unions Act. Art. 104 Addition of a new article to the principal Act. Art. 105 Art. 106

Statutory Text (108 Articles)

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Preamble — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

1st August, 2017

ACT No. XXIII of 2017

ACT No. Marriage Act and other Laws (Amendment) of 2017

AN ACT to amend the Marriage Act and various other laws in

connection with the introduction of marriage equality and to provide

for other matters dealing with it 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:-

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 1 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

(1) The short title of this Act is the Marriage Act and other Short title and

commencement.

Laws (Amendment) Act, 2017.

(2) This Act shall come into force on such date as the Minister

responsible for equality may by notice in the Gazette establish, and

different dates may be so established for different purposes and for

different provisions of this Act.

Part II

Amendment of the Criminal Code

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Schedule — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

"FORM C

(Article 278)

ACT OF BIRTH

Birth

Name or names

by which the

Hour, day,

child is to be

Place

month and

Sex

Names given

year

Name and

Identification

Age

Place of

Surname

document

Surname of the

Birth

Residence

parents; and

whether living

Years

DATE OF THE ACT ________________________

SIGNATURE of the person making the declaration

Officer in Charge

FORM D

(Article 287)

ACT RESPECTING THE FINDING OF A

NEW-BORN CHILD

DATE OF THE ACT______________

Finding

Name given

State of the child

to the child

Particulars

by the

respecting

undersigned

the child

Officer

Place

Hour, day,

Apparent

Sex

If

If bearing any

month and

age

clothed,

visible marks

year

and how

Particulars

Name

Identification

Age

Place of

Name and Surname of the

respecting

and

document

parents and whether living

Surname

or dead

The person

who found

(2)

Birth

Residence

the child

The person

to whom the

(2)

Years

child has

been

delivered(1)

SIGNATURE: of the person who found the child

Officer in Charge

………….......................................…....................

of the person to whom the child had been delivered

………………..................……..............….............

(1)

If delivered to a public charitable

(2)

If the person is unable to write, insert the

institution, it will be sufficient to state the

words

name of the institution.

who declares that he or she is unable to

write.

ATT TAŻ-ŻWIEĠ

ACT OF MARRIAGE

DATA TAL-ATT

DATE OF THE ACT

MR No. …………………..(1)

DIKJARAZZJONI TAL-MIŻŻEWĠIN

DECLARATION OF THE SPOUSES

Aħna hawn taħt iffirmati niddikjaraw li fil-preżenza ta’ …………. (2)

u tax-xhieda hawn taħt imsemmija żżewwiġna fi …………. (3)

………… (4)

We the undersigned hereby declare that we have in the presence of

.............................. and of the undersigned witnesses contracted marriage

at.......................on............................. (Data/Date)

Aħna hawn taħt iffirmati niddikjaraw li: nieħdu għalina t-tnejn il-

kunjom ....................... ta’ parti waħda fiż-żwieg/li nżommu għaż-żewġ

partijiet il-kunjomijiet taż-żewġ partijiet fiż-żwieġ f ’din l-ordni

...................../ li nżommu kunjomna wara ż-żwieġ (ħassar fejn ma

japplikax).

We the undersigned hereby declare that we choose to: adopt for both of us

the surname ...................... of one of the parties to the marriage/adopt for

both of us the surnames of the two parties in the marriage in this order

.........................../to retain our surname after the marriage (delete where

not applicable).

Aħna hawn taħt iffirmati niddikjaraw li għażilna ..............................

bħala l-Isem tal-Familja tagħna, li għandu jkun il-kunjom tat-tfal

futuri tagħna.

We the undersigned hereby declare that we choose .............................. as

our Family Name which shall be the surname which shall be adopted by

any future children born to us.

TAGĦRIF

PARTICULARS OF THE

DWAR IL-

ADDENDA

SPOUSES

MIŻŻEWWĠIN

(5)

Isem u Kunjom

(9)

Name and Surname

Data u Post tat-Twelid, u

(10)

TAGĦRIF DWAR IX-

(6)

Dokument ta’

XHIEDA

Identifikazzjoni

PARTICULARS OF

Date and Place of Birth, and

THE WITNESSES

Identification Document

(7)

Post ta’ Residenza

(11)

Place of Residence

(8)

Isem u Kunjom il-ġenituri,

(12)

inkluż kunjomhom fit-

twelid

Name and Surname of

parents, including surnames

at birth

TAGĦRIF

PARTICULARS OF THE

DWAR IX-

WITNESSES

XHIEDA

(13)

(16)

Isem u

(19)

(22)

Kunjom

Name and

Surname

(14)

(17)

Data u Post

(20)

(23)

tat-Twelid

Date and

Place of Birth

(15)

(18)

Fejn

(21)

(24)

Joqgħod /

Toqgħod

Place of

Residence

…………………………………......……. (25)

………………………………… (26)

FIRMA TAL-PARTI

FIRMA TAL-PARTI FIŻ-ŻWIEĠ / SIGNATURE OF PARTY TO THE MARRIAGE

............................................................................................................................................................ (27)

(Firem tax-Xhieda / Witnesses’ Signatures)

Data tad-dħul tal-Att

Numru wara l-ieħor tar-

Id-dikjarazzjonijiet ta’ hawn fuq ġew iffirmati

(29)

Reġistru Nru (30) Pro-

quddiemi.

Date of receipt of the Act. gressive number of Regis-

The above declarations were signed in my presence.

tration No.

Firma tar-Reġistratur

Firma tad-Direttur jew ta’ uffiċjal ieħor li

…………………………………………..… (28)

jagħmel floku. (31)

Signature of Registrar

Signature of Director or other officer authorized to

act in his stead

FORM H

(Article 125)

FORM OF ENTRY IN ADOPTED PERSONS REGISTER

No. of

Date,

Name

Sex of

Name and

Name,

Date of

Date

entry

country

and

person

surname, age,

surname

adoption

of

and place

surname

adopted

identification

and

decree

entry

of birth

of person

document,

surname at

of person

adopted

place of birth

birth of

adopted

and place of

the parents

residence of

of adopter

adopter or

or

adopters

adopters

FORM I

(Article 251)

I, the undersigned, do hereby certify that the following is a true

EXTRACT from entry No ……. of the Year ………. in the Civil

Status Records relative to Acts of Birth and the Adopted Persons’

Register kept in the Public Registry Office, Valletta, Malta/Victoria,

Gozo, in accordance with the provisions of the Civil Code (Cap. 16).

Place of

Date of

Name of the

Sex

Name, surname and

Name, surname and

Birth

birth

child

surname at birth and

surname at birth and

place of birth of the

place of birth of the

person who gave birth

parent

to the child

PUBLIC REGISTRY OFFICE – MALTA GOZO

DIRECTOR

FORM K

(Article 251)

REĠISTRU PUBBLIKU

PUBLIC REGISTRY

Jien hawn taħt iffirmat, b’dan niċċertifika illi dan ta’ hawn taħt

huwa ESTRATT veru mill-Att taż-Żwieġ Nru

reġistrat

fl-Uffiċċju tar-Reġistru Pubbliku, il-Belt, Valletta, Malta skont

id-dispożizzjonijiet tal-Kodiċi Ċivili (Kap. 16).

I, the undersigned, do hereby certify that the following is a true

EXTRACT from the Act of Marriage No.

registered in the

Public Registry Office, Valletta, Malta in accordance with the

provisions of the Civil Code (Cap. 16).

Isem u Kunjom

Età jew data tat-

Post tat-

Ġenituri tal-miżżewġin

twelid

twelid

Parents of spouses

Name and

Age or date of birth

Place of birth

Surname

Aħna nagħżlu li* ________.

We choose to* _________.

(*Daħħal l-għażla tal-kunjom magħżula ai termini tal-artikolu 4 tal-Kodiċi Ċivili, Kap. 16)

(*Insert the choice of surname chosen in terms of article 4 of the Civil Code, Cap. 16)

Aħna nagħżlu* ________ bħala Isem tal-Familja.

We choose * _________ as our Family Name.

(*Daħħal l-għażla tal-kunjom magħżula ai termini tal-artikolu 4 tal-Kodiċi Ċivili, Kap. 16)

(*Insert the Family Name chosen in terms of article 4 of the Civil Code, Cap. 16)

UFFIĊĊJU TAR-REĠISTRU PUBBLIKU – MALTA/GĦAWDEX

PUBLIC REGISTRY OFFICE – MALTA/GOZO

DIRETTUR

DIRECTOR

FORM L

(Article 251)

I, the undersigned, do hereby certify that the following is a true

extract from Act of Marriage No. ..................................... registered in

the Public Registry Office, Valletta, Malta/Victoria, Gozo, in

accordance with the provisions of the Civil Code (Cap. 16).

Name, surname and surname at birth of spouse: ..............................

Name, surname and surname at birth of spouse:...............................

Place of marriage:.............................................................................

Date of marriage: .............................................................................

The spouses chose ....................................... as their Family Name.

PUBLIC REGISTRY OFFICE - MALTA/GOZO

DIRECTOR

".

Passed by the House of Representatives at Sitting No. 17 of the 12th

July, 2017.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.78

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 2 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

This Part amends the Criminal Code, and it shall be read and Amendments to

construed as one with the Criminal Code, hereinafter in this Part the

Code. Cap. 9.

referred to as "the Code".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 3 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 62 of the Code for the words "husband or wife" Amendment of

there shall be substituted the word "spouse", and for the words "the article

Code.

father-in-law or mother-in-law, the son-in-law or daughter-in-law" there

shall be substituted the words "parents of either spouse, spouses of either

child,".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 4 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 159 of the Code for the words "wife or husband" Amendment of

there shall be substituted the word "spouse", and for the words "the article

the Code.

father-in-law, or mother-in-law, the son-in-law or daughter-in-law" there

shall be substituted the words "parents of either spouse, spouses of either

child,".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 5 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 196 of the Code for the words "husband or wife" Amendment of

article 196 of

there shall be substituted the word "spouse".

the Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 6 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 197 of the Code shall be amended as follows

Amendment of

article 197 of

the Code.

(a) in sub-article (2) thereof, for the words "husband or

wife" there shall be substituted the words "one of the spouses";

(b) in sub-article (3) thereof, for the words "the husband

or wife" there shall be substituted the words "any one of the

spouses"; and

(c) in sub-article (4) thereof, for the words "husband or

wife" there shall be substituted the words "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 7 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (c) of sub-article (1) of article 203 of the Code Amendment of

for the words "the adoptive father or mother" there shall be substituted article

the Code.

the words "any one of the adoptive parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 8 Amendment of article 204 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 204 of the Code shall be amended as follows

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

"by the adoptive father or mother, by the husband or wife" shall

be substituted by the words "by any one of the adoptive parents,

by the spouse"; and

(b) in sub-article (2) thereof , for the words "husband or

the wife" there shall be substituted the words "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 9 Amendment of article 208A of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (3) of article 208A of the Code for the words

"the adoptive father or mother" there shall be substituted the words

"any one of the adoptive parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 10 Amendment of article 222 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (a) of sub-article (1) of article 222 of the Code

for the words "the father, mother" there shall be substituted the words

"any one of the parents", for the words "the husband or wife" there

shall be substituted the words "any one of the spouses" and for the

words "the natural father or mother" there shall be substituted the

words "any one of the natural parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 11 Amendment of article 255 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the proviso to article 255 of the Code for the words

"husband or wife" there shall be substituted the words "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 12 Amendment of article 331 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 331 of the Code for the words "the husband or wife"

there shall be substituted the words "any one of the spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 13 Amendment of article 374 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (b) of article 374 of the Code for the words

"husband or wife" there shall be substituted the words "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 14 Amendment of article 391 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 391 of the Code for the words "the

name of his father" there shall be substituted the words "the name and

surname of the parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 15 Amendment of article 392 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (a) of sub-article (1) of article 392 of the Code

for the words "the name and surname of his father and whether his

father is alive or dead" there shall be substituted the words "the name

and surname of his parents and whether his parents are alive or dead".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 16 Amendment of article 452 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (5) of article 452 of the Code for the words

"husband or wife" there shall be substituted the word "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 17 Amendment of article 506 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (c) of article 506 of the Code for the words

"husband or wife" there shall be substituted the words "spouse",

wherever they occur.

Part III

Amendment of the Code of Organization and Civil Procedure

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 18 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

This Part amends the Code of Organization and Civil Amendments to

Procedure, and it shall be read and construed as one with the Code of the

Organization

Organization and Civil Procedure, hereinafter in this Part referred to as and

Procedure.

"the Code".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 19 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Sub-article (1) of article 180 of the Code shall be amended as Amendment of

article 180 of

follows

the Code.

(a) in the Maltese version of paragraph (a) thereof the

word "l-missier" shall be substituted by the word "l-ġenitur"; and

(b) in paragraph (d) thereof the words "father-in-law,

mother-in-law, son-in-law, daughter-in-law, husband or wife,"

shall be substituted by the words "any one of the parents of his

spouse, any one of the spouses of his children, spouse,".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 20 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 287 of the Code shall be amended as follows

Amendment of

article 287 of

the Code.

(a) in paragraph (b) thereof, for the words "husband or

wife" there shall be substituted the word "spouse"; and

(b) in paragraph (c) thereof for the words "the father or

mother" there shall be substituted the words "any one of the

parents" and the words "his father-in-law or mother-in-law or her

husband or his son-in-law or daughter-in-law" shall be

substituted by the words "any one of the parents of his spouse or

any one of the spouses of his children".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 21 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 293 of the Code shall be amended as follows

Amendment of

article 293 of

the Code.

(a) in paragraph (b) thereof, for the words "of his wife or

of his children" there shall be substituted the words "of the

debtor’s spouse or of the debtor’s children"; and

(b) in paragraph (d) thereof, for the words "of his wife or

of his children" there shall be substituted the words "of the

debtor’s spouse or of the debtor’s children".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 22 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 388 of the Code for the words "a Amendment of

husband to live with his wife or vice versa" there shall be substituted article

the Code.

the words "any one of the spouses to live with the other spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 23 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (a) of article 521 of the Code for the words "a Amendment of

husband against his wife, or by a wife against her husband" there shall article

the Code.

be substituted the words "any one of the spouses against the other

spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 24 Amendment of article 527 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (4) of article 527 of the Code or the words

"father’s name" there shall be substituted the words "parents’ name,

and surname at birth and after marriage".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 25 Amendment of article 529 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (b) of article 529 of the Code for the words

"name of the father" there shall be substituted the words "name, and

surname at birth and after marriage of the parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 26 Amendment of article 745 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Paragraph (d) of article 745 of the Code shall be deleted and

paragraphs (e) to (h) shall be re-numbered as paragraphs (d) to (g)

respectively.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 27 Amendment of article 968 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 968 of the Code for the words

"husband and wife" there shall be substituted the word "spouses".

Part IV

Amendment of the Civil Code

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 28 Amendments to the Civil Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

This Part amends the Civil Code, and it shall be read and

construed as one with the Civil Code, hereinafter in this Part referred

to as "the Code".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 29 Amendment of article 4 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

(a) In sub-article (1) of article 4 of the Code, for the words

"of her predeceased spouse." there shall be substituted the words "of

her predeceased spouse:" and immediately thereafter there shall be

added the following proviso

"Provided that for the purposes of this article "maiden

surname" shall include the surname of the spouse at the time

of marriage even if that surname was not the surname of that

spouse at birth and the spouse may also elect to retain the

said surname.";

(b) immediately after sub-article (12) of article 4 of the

Code there shall be added the following new sub-articles

"(13) Spouses married after the coming into force of

the Marriage Act and other Laws (Amendment) Act, 2017,

may, when applying for the publication of the banns, elect

to

(a) adopt for both of them the surname of

either one of the parties to the marriage; or

(b) adopt for both of them the surnames of

both parties in the order of their choice

Provided that the combination of the

spouses’ surnames shall not result in a surname

which is longer than the combination of four

surnames

Provided further that when the surname

of any one or both of the spouses already has a

combination of two or more surnames, the order of

the surname of that spouse shall be retained, and the

spouses shall not change such order and, or drop any

part of their own surname; or

(c)

retain their own surname

Provided that if no choice is expressed in

accordance with this sub-article, the spouses shall

retain their own surnames.

(14) Without prejudice to the provisions of sub-

article (13), where the spouses choose to change their

surnames in accordance with sub-article (13)(a) or (b),

such choice shall also become the Family Name, which

shall be included in the Act of Marriage.

(15) Without prejudice to the provisions of sub-

article (13), where the spouses choose to retain their

surnames in accordance with sub-article (13)(c), or where

no choice is expressed, the parties shall determine their

Family Name in accordance with the provisions of sub-

article (13)(a) or (b), which shall be included in the Act of

Marriage.

(16) The Family Name chosen by the parties shall

be the surname which shall be adopted by any future

children of the parties.

(17) Sub-articles (13) to (16), both inclusive, shall

apply only to marriages contracted after the coming into

force of the Marriage Act and other Laws (Amendment)

Act, 2017.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 30 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 33 of the Code the words "wife or husband" shall be Amendment of

article 33 of the

substituted by the word "spouse".

Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 31 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 62 of the Code shall be amended as follows

Amendment of

article 62 of the

Code.

(a) the marginal note thereof shall be substituted by the

following

"Surname of spouses after separation.";

(b) immediately after sub-article (2) thereof, there shall

be added the following new sub-articles

"(3) Upon separation, spouses who have contracted

marriage after the coming into force of the Marriage Act

and other Laws (Amendment) Act, 2017 may choose to

revert to their surname at birth or to the surname of the

predeceased spouse.

(4) In the case of a consensual separation, a

declaration of such choice shall be made in the public deed

of separation, and in the case of a judicial separation, by a

note filed in the records of the case before final judgment.

(5) The Court may also, at the request of any one

of the spouses which may be made at any time before

judgment, prohibit the other spouse from continuing to use

the surname of the other spouse after separation, where

such use may cause grave prejudice to the spouse making

the request.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 32 Amendment of article 62A of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 62A of the Code the word "wife" shall be substituted

by the word "spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 33 Amendment of article 67 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 67 of the Code the words "mother's husband" shall

be substituted by the word "spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 34 Substitution of article 69 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 69 of the Code shall be substituted as follows

69. The spouse who has not given birth cannot

"When spouse

may not repudiate

repudiate a child born before the lapse of one hundred

and eighty days after the marriage in any of the

following cases

(a) if, before the marriage, such spouse was aware

of the pregnancy;

(b) if such spouse has made the declaration

required for the drawing up of the act of birth,

acknowledging oneself to be the parent of the child;

(c)

if the child be declared not viable.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 35 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 70 of the Code shall be substituted by the following

Substitution of

article 70 of the

Code.

70. (1) Any spouse, except for the spouse who

gave birth to the child, may bring an action to repudiate a

child born in wedlock

(a) if such spouse proves that during the

time from the three hundredth day to the one-

hundred-and-eightieth day before the birth of the

child, such spouse was in the physical

impossibility of cohabiting with the spouse who

gave birth on account of being away from the

said spouse, or some other accident; or

(b) if such spouse proves that during the

said time such spouse was de facto or legally

separated from the spouse who gave birth

Provided that such spouse may not

repudiate the child if there has been, during that

time, a reunion, even if temporary between the

spouses; or

(c) if such spouse proves that during the

said time such spouse was afflicted by impotency,

even if such impotency was only an impotency to

generate; or

(d) if such spouse proves that during the

said time the spouse who gave birth had

committed adultery or that, that spouse had

concealed the pregnancy and the birth of the

child; or

(e) if such spouse produces evidence of

any other fact which may also be genetic and

scientific tests and data that tends to exclude such

parenthood.

(2) The declaration of the spouse who gave birth to

the effect that the other spouse is not the natural parent

of the child shall be given consideration in an action

regarding the exclusion of the other spouse as parent.

(3) When the action referred to in the sub-article

(1) is brought, the Civil Court (Family Section) may

require any of the spouses, the child, and the alleged

natural parent, as appropriate, to consent to a genetic test

of parentage, and to acquiesce to the taking of a genetic

sample appropriate for the test, which sample must be

taken according to the current provisions of the law

Provided that where the said consent is not

given by the parties, the Civil Court (Family Section)

must substitute that consent that has not been given and

order acquiescence in the taking of a sample.

(4) In the absence of genetic and scientific

evidence, the Civil Court (Family Section) may consider

any other evidence presented which it deems to be

relevant, including the drawing of inferences from the

fact that a person did not provide a genetic sample,

despite being ordered to do so.

(5) The Civil Court (Family Section) shall dismiss

the application if and as long as the clarification of the

natural parentage would result in a considerable adverse

effect on the best interests of the minor child, which

would be unreasonable for the child, even taking into

account the concerns of the person entitled to bring the

action.

(6) A person who has consented to a genetic test of

parentage and has given a genetic sample may require

the person entitled to bring the action who has had a

parentage test made, to permit inspection of the genetic

test of parentage report or to provide a copy. The Civil

Court (Family Section) shall decide disputes arising

from the claim under sub-article (1).

(7) The action mentioned in this article shall be

decided by virtue of a decree, which decree may be

appealed according to the procedure contemplated in

article 229(2) of the Code of Organization and Civil

Procedure.

(8) Without prejudice to the provisions of the

second proviso of article 73, if in its judgment the Civil

Court (Family Section) declares that the spouse is not

the natural parent of the child, it shall have effect to

change the child’s surname and that of his descendants

to reflect the surname of the other spouse only, unless

the Court, having regard to all the relevant

circumstances, provides otherwise in its judgment.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 36 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 70A of the Code shall be substituted by the following: Substitution of

article 70A of

the Code.

70A. (1) Whenever the clarification of natural

parentage of a child is required

(a) the spouse may require the spouse

who gave birth and the child;

(b) the spouse who gave birth may

require the spouse and the child;

(c)

the child may require both parents;

and

(d) the alleged natural parent may require

both spouses and the child,

to consent to a genetic test of parentage and to

acquiesce to the taki ng of a genetic sample

appropriate for the test, which sample must then be

taken according to the then current provisions of the

law.

(2) On the application, mentioned in sub-article (1),

of a person entitled to clarify, the Civil Court (Family

Section) may require any of the spouses, the child, and

the alleged natural parent, as appropriate, to consent to a

genetic test of parentage, and to acquiesce to the taking

of a genetic sample appropriate for the test, which

sample must be taken according to the current provisions

of the law

Provided that where the said consent is not

given by the parties, the Civil Court (Family Section)

must substitute that consent that has not been given and

order acquiescence in the taking of a sample.

(3) In the absence of genetic and scientific

evidence, the Civil Court (Family Section) may consider

any other evidence presented which it deems to be

relevant, including the drawing of inferences from the

fact that a person did not provide a genetic sample,

despite being ordered to do so.

(4) The Civil Court (Family Section) shall dismiss

the application if and as long as the clarification of the

natural parentage would result in a considerable adverse

effect on the best interests of the minor child, which

would be unreasonable for the child, even taking into

account the concerns of the person entitled to bring the

action.

(5) A person who has consented to a genetic test of

parentage and has given a genetic sample may require

the person entitled to bring the action who has had a

parentage test made, to permit inspection of the genetic

test of parentage report or to provide a copy. The Civil

Court (Family Section) shall decide disputes arising

from the claim under sub-article (1).

(6) The action mentioned in sub-article (1) shall be

decided by virtue of a decree, which decree may be

appealed according to the procedure contemplated in

article 229(2) of the Code of Organization and Civil

Procedure.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 37 Substitution of article 73 of the Code. "Time within which to bring action for — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 73 of the Code shall be substituted by the following

73. Where it is competent for the spouses to bring

an action to disown a child, they must bring such

disavowal of child.

action

(a) within 6 months from the day of birth,

if the spouse was then in Malta;

(b) within 6 months of his return to

Malta, if the spouse was absent at the time of the

birth;

(c) within 6 months of the discovery of

the fraud, if the birth was concealed

Provided that, without prejudice to the

provisions of article 70(4), the Family Court may, upon

an application of any one of the spouses and, if

possible, after having heard all the parties interested,

and after having considered the rights of the applicant

and of the child, at any time authorise the applicant to

institute an action to disown a child born in wedlock to

the other spouse

Provided further that where an action to

disown a child is instituted by one of the spouses after

the lapse of the periods stipulated in paragraphs (a), (b)

or (c) in accordance with the first proviso to this article,

any judgment whereby the child is disowned shall not

have the effect of changing the surname of the child or

of any other person who took his surname from the

child unless the court, upon the demand of any of the

parties made either in the sworn application whereby

the action is commenced or in a separate application

made during the action, provides otherwise.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 38 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 74 of the Code shall be amended as follows

Amendment of

article 74 of the

Code.

(a) in the marginal note thereof, the word "husband"

shall be substituted by the words "any one of the spouses"; and

(b) the words "the husband" shall be substituted by the

words "any one of the spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 39 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 75 of the Code the words "mother" Amendment of

article 75 of the

shall be substituted by the words "other spouse".

Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 40 Substitution of article 77A of the Code. "Application for declaration of parenthood. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 77A of the Code shall be substituted by the following

77A. Without prejudice to the provisions of article

81, any person claiming to be the natural parent of a

child born in wedlock, or that person’s heirs if the person

was deceased before the child is born, may proceed by

sworn application before the competent court against the

spouses and child, or their respective heirs if anyone of

them is deceased, in order to be declared as the natural

parent of the child, and only if that person produces

evidence that during the time from the three-hundredth

day to the one-hundred-and-eightieth day before the

birth of the child, the spouse who gave birth had

committed adultery with that person and furthermore

produces evidence of any other fact which may also be

genetic and scientific tests and data that tends to exclude

one of the spouses as the natural parent of the child.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 41 Substitution of article 77B of the Code. " Demand may — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 77B of the Code shall be substituted by the following

77B. A judicial demand for a declaration of

parenthood as mentioned in the previous article may also

be exercised by the parent who gave birth by sworn

application before the competent court against the other

spouse, the natural parent and the child born in wedlock,

provided that the applicant produces evidence that

during the time from the three-hundredth day to the one-

hundred-and-eightieth day before the birth of the child

that parent had committed adultery with the person who

the said parent is demanding to be declared as the natural

parent and furthermore produces evidence of any other

fact which may also be genetic and scientific tests and

data that tends to indicate that person as the natural

parent of the child.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 42 Substitution of article 77C of the Code. " Sworn — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 77C of the Code shall be substituted by the following

77C. In the cases referred to in articles 77, 77A and

77B the person claiming to be the natural parent of the

child born in wedlock, or the spouse who gave birth as

the case may be, may proceed with the action for the

declaration of parenthood if their sworn application is

filed within six months from the birth of the child

Provided that the Civil Court (Family Section)

may, after the sworn application of the person claiming

to be the natural parent of the child born in wedlock or

the spouse who gave birth and, if possible after having

heard all the parties interested, and after having

considered the rights of the plaintiff and the child, at

any time authorise the person claiming to be the natural

parent of the child born in wedlock, or the spouse who

gave birth to institute an action for the declaration of

parenthood as mentioned in articles 77A and 77B

Provided further that, when the filiation of a

person has been declared by the court, any person who

in consequence of such declaration is to assume a

surname other than the surname used by such person

before such declaration, or his legitimate

representative, may request the competent court by

application against the Director of the Public Registry

to be allowed to continue to use such other surname,

and the court if it is satisfied that third parties will not

be prejudiced thereby and, where the application has

been done on behalf of the minor, that such use shall be

in the best interest of the minor, shall accede to such

request and order the Director to make an annotation of

its decision on the relevant act of birth of the person

whose filiation has been so declared.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 43 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 80 of the Code shall be amended as follows

Amendment of

article 80 of the

Code.

(a) in paragraph (a) of sub-article (2) thereof

immediately before the words "that the individual" there shall be

added the words "in the case of spouses who have contracted

marriage before the coming into force of the Marriage Act and

other Laws (Amendment) Act, 2017";

(b) paragraphs (b), (c) and (d) of sub-article (2) thereof

shall be renumbered as paragraphs (c), (d) and (e) respectively

and immediately after paragraph (a) there shall be added the

following new paragraph

"(b) in the case of children born to spouses who

have contracted marriage after the coming into force of the

Marriage Act and other Laws (Amendment) Act, 2017, that

the individual has always borne the Family Name of the

spouses of whom he claims to be the child;"; and

(c)

paragraph (c) in sub-article (2) thereof as renumbered

shall be substituted by the following

"(c) that the parents have treated the child as their

own, and have, as such, provided for the child's

maintenance, education, and establishment in life;".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 44 Amendment of article 83 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 83 of the Code shall be amended as follows

(a) for the word "woman" there shall be substituted the

words "person that";

(b) for the words "to be his mother" there shall be

substituted the words "has given birth to him";

(c) for the words "the maternity" there shall be

substituted the words "this"; and

(d) for the words "mother's husband" there shall be

substituted the words "other spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 45 Amendment of article 110 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 110 of the Code the words "which may be added the

surname of the mother." shall be substituted by the words "which may

be added the surname of the mother:" and immediately thereafter there

shall be added the following new proviso

"Provided that in the case of children born to spouses who

have contracted marriage after the coming into force of the

Marriage Act and other Laws (Amendment) Act, 2017, the

surname to be adopted by the child presumed to have been

conceived or born in wedlock shall be the Family Name adopted

by the spouses in terms of article 4.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 46 Amendment of article 115 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 115 of the Code shall be amended as follows

(a) in paragraph (b) of sub-article (1) thereof, for the

words "mother or father" there shall be substituted the words

"natural parent";

(b) in sub-paragraph (i) of paragraph (a) of sub-article

(2) thereof, for the words "mother or father" there shall be

substituted the word "natural parent";

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

words "mother if she" there shall be substituted the words

"person who gave birth to the child if such person"; and

(d) in paragraph (b) of sub-article (4) thereof, for the

words "natural father if he" there shall be substituted the words

"the parent who has not given birth to the child if such person".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 47 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Immediately after the first proviso to article 124 of the Code Amendment of

article 124 of

there shall be added the following new proviso

the Code.

"Provided further that when the adoption decree is made in

favour of two spouses who contracted marriage after the coming

into force of the Marriage Act and other Laws (Amendment)

Act, 2017, then the person in respect of whom the adoption

decree is made shall assume the Family Name of the spouses:".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 48 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 126 of the Code the words "his Amendment of

father or mother" shall be substituted by the words "any one of his article

the Code.

parents" and the words "father and mother" shall be substituted by the

word "parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 49 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (c) of sub-article (2) of article 128A of the Code Amendment of

for the words "the father, mother, curator or tutor" there shall be article

the Code

substituted the words "any one of the parents, the curator or the tutor".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 50 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 170 of the Code for the words "a Amendment of

husband" there shall be substituted the words "any one of the spouses" article

the Code.

and for the word "wife" there shall be substituted the words "surviving

spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 51 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In paragraph (c) of sub-article (3) of article 251 of the Code Amendment of

for the words "to the husband shall be stated in the act of birth next to article

the Code.

the name and surname of the mother by using the words ''wife of the

said'' " there shall be substituted the words "contracted between the

spouses shall be stated in the act of birth next to the name and surname

of the parents by using the words "spouse of the said" ".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 52 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 253 of the Code, immediately after Amendment of

the words "in substitution of the name or names appearing on the article

the Code.

relative act of birth", there shall be added the words "or an entry in the

Adoption Persons Register".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 53 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 257 of the Code shall be amended as follows

Amendment of

article 257 of

the Code.

(a) sub-article (1) thereof, shall be substituted by the

following

"257. (1) Notwithstanding the provisions of articles

253 to 256, both included

(a) the correction of a registration consisting in the

rectification of the erroneous indication of any one or more

of the particulars specified, in respect of each act, in Part

III of the First Schedule to this Code, may also be effected

upon an order made in writing by the retired Judge or

retired Magistrate or retired advocate of the Court of

Revision of Notarial Acts; and

(b) where the registration of a person as a citizen of

Malta is made or is to be made on the basis of the name

and, or surname shown on the act of birth of that person

and such registration may give rise to the creation of a

double identity or to lack of clarity regarding the identity

of the said person due to the fact that the said person would

not still be registered by the said name and, or surname in

the official documents of another country, the retired

Judge, the retired Magistrate or the retired advocate of the

Court of Revision of Notarial Acts shall have the power

upon the application of the person who shall have become

or who envisages that he shall become a citizen of Malta or

of the Director of the Public Registry, to order that the

necessary annotations be made on the act of birth of the

said person when the said act of birth is registered in the

Public Registry for the purpose of making the said changes

in the name and, or surname known and for the avoidance

of creating the possibility of double identity or of lack of

clarity regarding the identity as aforesaid."; and

(b) in sub-article (8) thereof, immediately after the

words "Any correction" there shall be added the words "or

annotation".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 54 Amendment of article 272 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 272 of the Code, the words "father and mother" shall

be substituted by the word "parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 55 Amendment of article 275 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 275 of the Code shall be amended as follows

(a) in the marginal note thereof, for the words "the father

or the mother" there shall be substituted the words "any one of

the parents"; and

(b) the words "the father or the mother" shall be

substituted by the words "any one of the parents", wherever they

occur.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 56 Amendment of article 276 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 276 of the Code the words "the father or the mother"

shall be substituted by the words "by any one of the parents" and the

words "the father or the mother" shall be substituted by the words "any

one of the parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 57 Amendment of article 277 of the Code — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 277 of the Code the words "father or mother" in the

marginal note thereto shall be substituted by the words "any one of the

parents", and the words "the father or mother", wherever they occur,

shall be substituted by the words "any one of the parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 58 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 278 of the Code shall be amended as follows

Amendment of

article 278 of

the Code.

(a) in paragraph (e) thereof, for the words "father or

fathers of the child, the mother or mothers" there shall be

substituted the word "parents of the child";

(b) in paragraph (e) sub-paragraph (i) thereof, for the

words "to the husband shall be stated in the act of birth next to

the name and surname of the mother by using the words "wife of

the said"" there shall be substituted the words "contracted

between the spouses shall be stated in the act of birth next to the

name and surname of the person who gave birth by using the

words "spouse of the said" ";

(c) in paragraph (e) sub-paragraph (ii) thereof, for the

word "mother", there shall be substituted the word "person who

gave birth" wherever it occurs;

(d) in paragraph (e) sub-paragraph (iii) thereof, for the

word "mother", there shall be substituted the word "person who

gave birth"; and

(e) in paragraph (f) thereof, for the word "father" there

shall be substituted the word "parents" wherever it occurs, and

for the words "he is" there shall be substituted the words "they

are".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 59 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 278A of the Code, immediately after Amendment of

the words "to make an annotation in his act of birth" there shall be added article

the Code.

the words "or in the Adopted Persons Register".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 60 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 280 of the Code shall be amended as follows

Amendment of

article 280 of

the Code.

(a) the marginal note thereto shall be substituted by the

following

"When the person who gave birth to the child is

married.";

(b)

sub-article (1) thereof shall be amended as follows

(i) for the words "a child is born of a married

woman" there shall be substituted the words "the person

who gave birth to the child is married";

(ii) for the words "her husband" there shall be

substituted the words "the other spouse"; and

(iii) for the words "the father" there shall be

substituted the word "parent"; and

(c)

sub-article (2) thereof shall be amended as follows

(i) in paragraph (a) thereof for the words "the

husband" there shall be substituted the words "the other

spouse"; and

(ii) paragraph (b) thereof shall be substituted by the

following

"(b) if one of the spouses had, during the

whole of the said period, lived legally separated from

the other spouse; or"; and

(iii) in paragraph (c) thereof, for the words "the

husband and the woman" there shall be substituted the

words "the spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 61 Substitution of article 281 of the Code. " Particulars — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 281 of the Code shall be substituted by the following

281. (1) In the case of a child conceived and born

out of wedlock, where notice of the birth of such child or

the declaration of the particulars concerning the birth of

such child has not been given or made by the person who

gave birth to such child, or by either of such person’s

parents, or siblings, the said officer shall, at least two

days before entering in the act the particulars relating to

the person who gave birth to the child, give notice to the

person who shall have been indicated to him as the

person who gave birth to the child, or to either of such

person’s parents; and if, within the said two days, it shall

be denied that such person is the person who gave birth

to the child, the officer shall make a report thereof to the

retired Judge or retired Magistrate or retired advocate of

the Court of Revision of Notarial Acts, who, after

examining on oath such person and any other person

whom he believes to be able to give correct information,

shall, if satisfied that such person is the person who gave

birth to the child, order that such person’s name, together

with such other particulars as are required under the

provisions of the foregoing articles, be entered in the act

of birth, and that the depositions taken be delivered, in

original, to the Director together with the act.

(2) In the case of a child conceived and born out of

wedlock notice of whose birth has not been given, and

the person who gave birth to the child and such person’s

parents are dead or cannot be found, notice of the birth

may at any time be given to the said officer by any

person bound to give such notice as heretofore, or by any

person having an interest or by the child or its lawful

representative and the said officer shall make a report

thereon to the retired Judge or retired Magistrate or

retired advocate of the Court of Revision of Notarial

Acts who shall cause a notice in the Form BB in Part II

of the First Schedule to be published in the Gazette,

calling upon any party interested to declare, within

fifteen days from the publication of that notice, by

means of a note, that he desires to contest such

registration, and on the expiration of such period and

after examining on oath any person whom he believes to

be able to give correct information, whether such person

shall have filed a note or otherwise, and following the

examination of any documentary evidence that may be

produced, shall, if satisfied that the person who gave

birth to the child has been established, order that the

name and surname of the person who gave birth to the

child, together with such other particulars as are required

under the provisions of the foregoing articles, be entered

in the act of birth, and that the depositions taken be

delivered, in original, to the Director together with the

act.

(3)

In any case referred to in sub-articles (1) and

(2) the act of birth shall be countersigned by the said

retired Judge or retired Magistrate or retired advocate.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 62 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 286 of the Code shall be amended as follows

Amendment of

article 286 of

the Code.

(a) the marginal note thereto shall be substituted by the

following

"Duty of the parent who did not give birth, or, in

default, of the parent who gave birth."; and

(b) in sub-article (1), for the words "the father, or in his

default, the mother of" there shall be substituted the words "the

parent who did not give birth, or, in default, of the parent who gave

birth to" and for the words "his or her" there shall be substituted

the word "their" and for the words "place of residence of the

father, or, in his default, of the mother of the child" there shall be

substituted the words "place of residence of the parent who did not

give birth, or, in default, of the parent who gave birth to the child".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 63 Amendment of article 293 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Paragraph (d) of article 293 of the Code shall be substituted

by the following

"(d) the name and surname at birth and after marriage of

the parents of the parties;".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 64 Amendment of article 295 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Immediately after sub-article (3) of article 295 of the Code

there shall be added the following new sub-article

"(4) In respect of a marriage contracted after the coming

into force of the Marriage Act and other Laws (Amendment)

Act, 2017, the Director shall also enter, by means of a note in the

margin of the act of marriage any revision to their surname at

birth or to the surname of their previous marriage or any

prohibition of use of the surname of the other spouse referred to

(a) in a note of personal separation between the

spouses enrolled in accordance with article 62A, and a

reference to the date and place of marriage shall be made in

any such note of enrolment; or

(b)

in a judgment or decree of divorce registered

in accordance with article 66A(4).".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 65 Amendment of article 592 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 592 of the Code for the words

"husband and wife" there shall be substituted the words "the spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 66 Amendment of article 593 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 593 of the Code shall be amended as follows

(a) in the marginal note of the Maltese version, for the

words "r-raġel jew il-mara" there shall be substituted the words

"l-konjuġi";

(b) in sub-article (1) the words "he or she" shall be

substituted by the words "such person".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 67 Amendment of article 594 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the Maltese version of article 594 of the Code, the words " ir-

raġel jew il-mara " shall be substituted by the words "il-konjuġi".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 68 Amendment of article 595 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the marginal note of article 595 of the Code, the words

"husband and wife" shall be substituted by the words "the spouses", in

the text of the article, for the words "a husband and wife" there shall be

substituted the words "the spouses" and in the proviso thereof, for the

words "husband and wife" there shall be substituted the word

"spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 69 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 613 of the Code for the words "The father, the Amendment of

mother" there shall be substituted the words "Any one of the parents"; article

the Code.

and for the words "husband or wife" there shall be substituted the word

"spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 70 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 681 of the Code for the words "the Amendment of

father, the mother" there shall be substituted the words "any one of the article

the Code.

parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 71 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 752 of the Code shall be amended as follows

Amendment of

article 752 of

the Code.

(a) in sub-article (1) thereof, for the words "the father,

the mother" there shall be substituted the words "any one of the

parents"; and

(b) in sub-article (3) thereof, for the words "the father,

the mother" there shall be substituted the words "any one of the

parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 72 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 811 of the Code for the words Amendment of

article 811 of

"father and mother" there shall be substituted the word "parents".

the Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 73 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 953 of the Code for the words "the father, the Amendment of

mother" there shall be substituted the words "any one of the parents". article

the Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 74 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 980 of the Code for the words "the father, mother" Amendment of

there shall be substituted the words "any one of the parents" and the article

the Code.

words "the husband" shall be substituted by the words "one's spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 75 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 1320 of the Code shall be amended as follows

Amendment of

article 1320 of

the Code.

(a) in paragraph (b) thereof, for the words "the husband

or wife" there shall be substituted the words "any one of the

spouses"; and

(b) in paragraph (c) thereof, for the words "the father or

of the mother" there shall be substituted the words "any one of

their parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 76 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 1366 of the Code shall be amended as follows

Amendment of

article 1366 of

the Code.

(a) in the marginal note thereto, the words "husband and

wife" shall be substituted by the word "spouses";

(b) for the words "husband and wife" there shall be

substituted the word "spouses"; and

(c) in paragraph (a), for the words "the wife assigns

property to her husband in payment of a sum which she owes to

him in respect of her dowry" there shall be substituted the words

"the spouse assigns property to the other spouse in payment of a

sum owed to that spouse in respect of a dowry";

(d) in the Maltese version of paragraph (b), the words "li

r-raġel jagħmel lill-mara, jew li l-mara tagħmel lir-raġel" shall be

substituted with the words "li l-konjuġi jagħmlu lil xulxin".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 77 Amendment of article 1367 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the Maltese version, in the marginal note of article 1367 of

the Code, for the words "tar-raġel jew tal-mara" there shall be

substituted the words "tal-konjuġi", and in article 1367, for the words

"lir-raġel u lill-mara" there shall be substituted the words "il-konjuġi".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 78 Amendment of article 1501 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 1501 of the Code shall be amended as follows

(a) in sub-paragraph (i) of paragraph (c) of sub-article

(7) thereof, for the words "father's name and his mother's name

and maiden surname" there shall be substituted the words

"parent's name, and their surname at birth and after marriage";

and

(b) in sub-paragraph (ii) of paragraph (c) of sub-article

(7) thereof, for the words "father's name and his mother's name

and maiden surname" there shall be substituted the words

"parent's name, and their surname at birth and after marriage".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 79 Amendment of article 1531F of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 1531F of the Code shall be amended as follows

(a) In article 1531F, for the words "his or her" there shall

be inserted the words "that person’s";

(b) in the proviso to paragraph (i) thereof, for the words

"wife, husband" there shall be substituted the word "spouse";

(c) in paragraph (ii) thereof, for the words "her husband

or his wife" there shall be substituted the words "such person's

spouse";

(d) in the proviso to paragraph (ii) thereof, for the words

"wife, husband" there shall be substituted the word "spouse"; and

(e) in paragraph (iv) thereof, for the words "wife,

husband" there shall be substituted the word "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 80 Amendment of article 1531I of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 1531I of the Code, for the words "husband or wife"

there shall be substituted the word "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 81 Amendment of article 1614 of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the proviso to sub-article (3) of article 1614 of the Code for

the words "the wife or husband" there shall be substituted the words

"any one of the spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 82 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 1751 of the Code for the words "The father, the Amendment of

mother" there shall be substituted the word "Any one of the parents". article

the Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 83 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 1758 of the Code for the words Amendment of

"his father or the mother" there shall be substituted the words "any one article

the Code.

of his parents" and the words "any of his paternal or maternal" shall be

substituted by the word "his".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 84 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 1759 of the Code the words "father and mother" Amendment of

article 1759 of

shall be substituted by the word "parents".

the Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 85 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the marginal note of article 1767 of the Code the words Amendment of

"husband and wife" shall be substituted by the word "spouses" and the article

the Code.

words "husband and wife" shall be substituted by the word "spouses".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 86 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 1810 of the Code shall be amended as follows

Amendment of

article 1810 of

the Code.

(a) in the marginal note thereto, for the words "husband

and wife," there shall be substituted the word "spouses."

(b) in sub-article (1) thereof, for the words "the husband

to the wife, or by the wife to the husband," there shall be

substituted the words "one of the spouses to the other spouse";

and

(c) in sub-article (2) thereof, for the words "a husband

may make to his wife or a wife to her husband" there shall be

substituted the words "one of the spouses may make to the other

spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 87 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 1913 of the Code for the word "husband" there shall Amendment of

article 1913 of

be substituted the word "spouse", wherever it occurs.

the Code.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 88 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 2042 of the Code shall be amended as follows

Amendment of

article 2042 of

the Code.

(a) in paragraph (a) thereof, for the words "the name of

his father" there shall be substituted the words "his parents name,

and their surname at birth and after marriage"; and

(b) in paragraph (b) thereof, for the words "father’s

name, his mother’s name and maiden name" there shall be

substituted the words "parents name, and their surname at birth

and after marriage".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 89 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Sub-article (2) of article 2124 of the Code shall be substituted Amendment of

article 2124 of

by the following

the Code.

"(2) Nor does it run, during the continuance of marriage,

against any one of the spouses, in any case in which the action

competent to such spouse, if exercised, would vest the defendant

with a right of relief against the other spouse.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 90 Amendment of the First Schedule of the Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

The Forms C, D, H, I, K and L in Part II of the First Schedule

to the Code shall be substituted by the Forms listed in the Schedule to

this Act.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 91 Amendment of the First Schedule to the Civil Code. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

The title of Form V contained in Part II of the First Schedule

to the Civil Code, shall be substituted by the following

"DECLARATION BY A PERSON REQUESTING

MINOR ALTERATION ON THE NAME IN THE ACT OF

BIRTH OR FORM OF ENTRY IN ADOPTED PERSONS

REGISTER".

Part V

Amendment of the Interpretation Act

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 92 Amendments to the Interpretation Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

This Part amends the Interpretation Act, and it shall be read

and construed as one with the Interpretation Act, hereinafter in this

Part referred to as "the principal Act".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 93 Amendment of article 4 of the principal Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 4 of the principal Act shall be amended as follows

(a) paragraphs (c) and (d) thereof shall be renumbered as

paragraphs (d) and (e) respectively;

(b) in paragraph (b) thereof, immediately after the word

"females" there shall be added the words "and words importing

the female gender shall include males;"; and

(c)

immediately after paragraph (b) thereof there shall

be added the following new paragraph

"(c) the words "spouse" and "husband and wife"

shall be construed as referring to a spouse of either sex who

has contracted marriage in accordance with the Marriage

Act;".

Part VI

Amendment of the Marriage Act

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 94 Amendments to the Marriage Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

This Part amends the Marriage Act, and it shall be read and

construed as one with the Marriage Act, hereinafter in this Part

referred to as "the principal Act".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 95 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In the definition of the word "Registrar" in article 2 of the Amendment of

principal Act, immediately after the words "of a Local Council" there article

principal Act.

shall be inserted the words "or any person who has been certified as a

celebrant of civil marriages by the Public Registry".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 96 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In article 3 of the principal Act, for the word "paternal" there Amendment of

article 3 of the

shall be substituted the word "parental".

principal Act.

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 97 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Sub-article (1) of article 5 of the principal Act shall be Amendment of

article 5 of the

amended as follows

principal Act.

(a) in paragraph (b) thereof the words "a brother and a

sister" there shall be substituted the word "siblings"; and

(b) in paragraph (d) thereof for the words "husband or

wife" there shall be substituted the word "spouse".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 98 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (2) of article 7 of the principal Act for the words Amendment of

"of the father and the name and surname of the mother" there shall be article

principal Act.

substituted the words "and surname of the parents".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 99 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

In sub-article (1) of article 11 of the principal Act Amendment of

immediately after the words "contracted either in a civil form" there article

principal Act.

shall be added the words "between two consenting individuals".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 100 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 15 of the principal Act shall be amended as follows

Amendment of

article 15 of the

principal Act.

(a) sub-article (2) thereof shall be substituted by the

following

"(2) During the ceremony, the Registrar or other

officiating officer in front of whom the marriage takes

place shall ask each of the persons to be married, first to

one of them and then to the other, whether that person will

take the other as such person’s spouse, and upon the

declaration of each of such persons that they so will, made

without any condition or qualification, the Registrar or

other officiating officer shall declare them to be spouses.";

and

(b) immediately after sub-article (3) thereof, there shall

be added the following new sub-article

"(4) Without prejudice to the provisions of sub-

article (2) the persons to be married may indicate to the

Registrar or other officiating officer in front of whom the

marriage takes place the form of words which will be used

during the ceremony, including any readings, songs or

music

Provided that the persons to be married must make

such request by not later than seven days prior to the date

set for the marriage.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 101 Addition of a new article to the principal Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Immediately after article 32 of the principal Act there shall be

added the following new article 32A

32A. Nothing contained in this Act shall be

"Religious

protection.

construed as obliging an official of a religious body in

accordance with article 37 of this Act to solemnise a

particular form of marriage which is not recognised by

the religious body of which that official is a member.".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 102 Amendment of article 33 of the principal Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Article 33 of the principal Act shall be amended as follows

(a) in the marginal note for the word "judgments" there

shall be substituted the words "decisions or other equivalent

official acts";

(b) the words "A decision of a foreign court" shall be

substituted with the words "Without prejudice to the

implementation of any regulation applicable between the Member

States of the European Union, a decision of a foreign court or a

decision or other official act of equivalent effect of a foreign

competent authority"; and

(c) the words "if the decision is given by a competent

court" shall be substituted with the words "if the decision is given

or if the other official act is issued by a court or a competent

authority".

Part VII

Amendment of the Civil Unions Act

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 103 Amendments to the Civil Unions Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

This Part amends the Civil Unions Act, and it shall be read

and construed as one with the Civil Unions Act, hereinafter in this Part

referred to as "the principal Act".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 104 Addition of a new article to the principal Act. — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Immediately after article 10 of the principal Act there shall be

added the following new article

11. (1) Partners in a civil union contracted prior

to the coming into force of the Marriage Act and other

Laws (Amendment) Act, 2017 and in accordance with

the provisions of this Act, may, within five years from

the coming into force of the Marriage Act and other

Laws (Amendment) Act, 2017, convert their civil

union into marriage.

(2) The procedure by which a civil union may be

converted into marriage shall be established by the

Minister by virtue of regulations to that effect.

(3) Where by virtue of the provisions of this

article, a civil union is converted into marriage, the

civil union shall end upon conversion, and the resulting

marriage shall be deemed to have subsisted from the

date when the civil union was formed.".

Part VIII

Amendments of the Subsidiary Legislation

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 105 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Immediately after items B and C of the Second Schedule to Amendments to

the Public Registry (Inspection and Searches) Regulations there shall the

Registry

be added the following new items respectively

(Inspection and

Searches)

Regulations.

"BA. Schedule for individuals who have contracted marriage after the

coming into force of the Marriage Act and other Laws (Amendment)

Act

(Transfers/Liabilities) – Individuals

Searches re Individuals

Surname*

Name*

Spouse (1)

Parent who gave birth* (1)

Parent* (1)

Place of Birth*

Group Number (2)

Remarks (3)

Applicant Name*

Applicant Code (4)

From

To

Liabilities

Transfers

Ground-rent redemptions

* Indicates that information must be submitted

(1) Spouse’s name must be stated when search refers to a married individual, in which

case, the individual’s surname at birth should also be indicated. Likewise, the name of

the parents must, in this case, include the surname at birth and after marriage.

(2) Applicable where applicant wishes to group a number of searches together.

(3) When applicant requests that search is to be limited "re property" or different

parenthood excluded, in so far as such exclusion is involved. In such a case, the

provisions of regulation 6(4) apply.

(4) When application is not submitted by a regular client, the Applicant Code need not be

included but enough information is to be inputted in order to identify the applicant.

CA. Schedule for individuals who have contracted marriage after the

coming into force of the Marriage Act and other Laws (Amendment)

Act

Searches into Wills

Searches re Individuals

Surname*

From

To

Name*

(2)

(3)

Spouse (1)

Parent who gave birth* (1)

Parent* (1)

Place of Birth*

Applicant’s Name and address* (4)

Applicant Name (5)

Applicant Code (5)

* Indicates that information must be submitted

(1) Spouse’s name must be stated when search refers to a married individual, in which

case, the individual’s surname at birth should also be indicated. Likewise, the name of

the parents must, in this case, include the surname at birth and after marriage.

(2) See fees shown in Section C in the First Schedule to the Public Registry Act, Cap. 56.

Other fees apply when "From" date antedates 1972.

(3) Date of death.

(4) Result will be mailed at this address.

(5) Only applies when application is submitted by a regular client and is to be collected by

same.

".

Malta Government Gazette — Act 2017 23 · Gazzetta tal-Gvern ta’ Malta Nru. 19,840 – 01.08.2017 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto.
Art. 106 — ACT No. XXIII of 2017 ACT No. Marriage Act and other Laws (Amendment) of 2017 AN ACT to amend the Marriage Act and various other laws in connection with the introduction of marriage equality and to provide for other matters dealing with it or ancillary thereto. Open official source

Forms 1 to 4 of the Schedule to the Marriage Regulations Amendments to

the Marriage

shall be substituted by the following

Regulations.

Request for the purposes of article 7(4) of the

"No. 1

Request for

Marriage Act

publication of

banns of

matrimony.

Date ................................

Marriage Registrar,

Marriage Registry,

Valletta.

We, the undersigned, intend to marry at ...........................................

on the ...................................... by Civil/Religious* form according

to the provisions of the Marriage Act. Therefore you are requested

to publish the Banns in respect of our marriage.

With this application we are producing the following documents

Spouse’s signature

Spouse’s signature

Name of spouse

Name of spouse

(in block letters)

(in block letters)

Address of Spouse

Address of Spouse

FOR OFFICE USE

Officer’s initials

Application received on ...................

Banns to be published from .............

to .....................................................

Banns sent to ...................................

on ....................................................

Other remarks: .................................

* Delete wherever is not applicable

Declaration required under article 7(5) of the Marriage

No. 2

Declaration

Act

required under

article 7(5) of the

Marriage Act.

I, the undersigned, declare on oath/solemnly affirm* that to the best

of my knowledge and belief, there is no legal impediment to my

marriage and that there is no other lawful cause why my marriage

should not take place.

So Help me God.*

Signature of spouse...........................................................................

Sworn/Solemnly affirmed* and signed before me

today ................................................................................................

............…….

Registrar

* Delete wherever is not applicable

MARRIAGE BANNS

No. 3

Banns of

matrimony.

BANNS in respect of the MARRIAGE which is going to take place

at .......................................................................................................

between ..............................

and ................................................

child of ...............................

child of ..........................................

born in ................................

born in ..........................................

and residing at ....................

and residing at ..............................

Published this ..................................................................................

Remarks ...........................................................................................

Certificate of Publication of Marriage Banns for the

No. 4

Certificate of

purposes of article 7(7) of the Marriage Act

publication of

banns of

matrimony.

Date ................................

At the request of ...............................................................................

I certify for the purposes of article 7(7) of the Marriage Act that the

Banns in respect of the Marriage between ........................................

child of ......................................... residing at...................................

and ........................................ child of ..............................................

residing at .........................................................................................

which is taking place at .....................................................................

on ......................................... have been published according to law.

The publication of the banns was completed on ................................

................…….

Registrar".

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