ACT No. XXVIII of 2024 AN ACT to amend the Civil Code, Cap. 16.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

26th July, 2024

ACT No. XXVIII of 2024

AN ACT to amend the Civil Code, Cap. 16.

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:-

The short title of this Act is the Civil Code (Amendment) Act,

2024 and this Act shall be read and construed as one with the Civil

Code, hereinafter referred to as the "Code".

Sub-article (1) of article 86 of the Code shall be amended as

follows

(a)

the first proviso thereof shall be deleted; and

(b) in the second proviso thereof the word "further" shall

be deleted.

Sub-article (2) of article 113 of the Code shall be amended as

follows

(a)

paragraph (f) thereof shall be substituted by the

following new paragraph

"(f) "foster carer" shall have the same meaning

as assigned to it in article 2 of the Minor Protection

(Alternative Care) Act;"; and

(b) in paragraph (h) thereof, the words "Profession Act."

shall be substituted by the words "Profession Act;" and

immediately after there shall be added the following new

paragraph

"(i) "Adoption Service within the Directorate for

Alternative Care (Children and Youth)" shall have the

same meaning as assigned to it in article 2 of the Adoption

Administration Act.".

Immediately after article 114 of the Code there shall be added Addition of a

the following new article

" Agreement of

114A. (1) When an application for an open adoption is

open adoption.

made, the Court shall refer the case to the Adoption

Service within the Directorate of Alternative Care

(Children and Youth) who shall invite all parties,

including the Children’s Advocate, the person or entity

entrusted with the care and custody of the minor, where

this is not vested in the parents, the parents and the

prospective adoptive parents to draw up an agreement of

open adoption.

(2) The agreement of open adoption shall be

presented to the Court for approval by not later than thirty

(30) working days from the date when the case is referred

to the Adoption Service within the Directorate of

Alternative Care (Children and Youth).

(3) When no agreement is reached as referred to in

sub-article (2), the Adoption Service within the

Directorate of Alternative Care (Children and Youth) shall

notify the Court by means of a note.

(4) In the cases referred to in sub-article (3), the

Court shall refer the case to a family mediator, who shall

invite all parties for a meeting within ten (10) working

days

Provided that all parties, including the person or

entity entrusted with the care and custody of the minor,

where this is not vested in the parents, the parents and the

prospective adoptive parents shall participate during such

mediation to draw up an agreement of open adoption

Provided further that the mediator may hear the

minor, where the minor has sufficient understanding, with

the presumption that the minor has sufficient

understanding unless proof is brought to the contrary

Provided further that where parties disagree on

the agreement of open adoption, the Court shall set a date

to hear all parties and shall decide upon the agreement of

open adoption in its final decree.

(5) The open adoption agreement shall be presented

to the Court for approval by not later than thirty (30)

working days from the date when the case is referred to a

family mediator by the Court.

(6) The Court may order that any changes are made

to the open adoption agreement, if it is in the best interest

of the minor.".

Article 115 of the Code shall be amended as follows

(a)

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

(i) in paragraph (a) thereof the words "forty-eight

years than" shall be substituted by the words "fifty (50)

years older than"; and

(ii)

in paragraph (b) thereof the words "attained

majority." shall be substituted by the words "attained

majority; or" and immediately after there shall be added the

following new paragraph

"(c) in favour of a foster carer who has

fostered the person to be adopted for at least the

preceding five (5) years, or three (3) years in

extraordinary circumstances in accordance with

article 54 of the Minor Protection (Alternative Care)

Act.";

(b) sub-paragraph (iii) of paragraph (a) of sub-article (2)

thereof shall be substituted by the following new sub-paragraph

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

person to be adopted for at least the preceding five (5)

years, or three (3) years in extraordinary circumstances in

accordance with article 54 of the Minor Protection

(Alternative Care) Act, if the person to be adopted

consents to the adoption;";

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

immediately after the word "age" there shall be added the words

"as well as the natural father, if he has acknowledged the person

to be adopted as his child"; and

(d)

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

(i) in paragraph (a) thereof immediately after the

words "any person" there shall be added the words "or any

other entity"; and

(ii)

paragraph (b) thereof shall be deleted.

In sub-article (1) of article 116 of the Code the words "six Amendment of

weeks" shall be substituted by the words "eight (8) weeks".

Sub-article (2) of article 118 of the Code shall be amended as Amendment of

(a) the word "mother" shall be substituted by the words

"both parents"; and

(b) in paragraph (a) thereof the words "six weeks" shall

be substituted by the words "eight (8) weeks".

Immediately after article 118 of the Code there shall be added Addition of new

the following new article

118A. In all cases where the parents of a minor show

their

intention that the minor is given up for adoption,

with the aim that such minor is eventually adopted, the

being given up

for adoption. Director (Child Protection) shall be notified and a social

contract in accordance with article 12 of the Minor

Protection (Alternative Care) Act shall be drawn up,

which care plan may include a temporary placement in

alternative care for the minor with the aim of allowing the

parents to understand all the legal effects that result from

the adoption of the minor

Provided that where applicable, the Director

(Child Protection) shall investigate whether any members

of the extended family are willing to provide adequate

care to the minor.".

Sub-article (4) of article 119 of the Code shall be substituted Amendment of

by the following new sub-article

"(4) If it is in the minor’s best interest, the Court shall,

when making the adoption decree, authorise an agreement

of open adoption which has been drawn up by the parties

together with the Adoption Service within the Directorate

of Alternative Care (Children and Youth) or before a

mediator, where the parents and, or the natural family of

the minor shall maintain contact with the minor

Provided that the Court shall ensure that the

agreement of open adoption was drawn up with the

consent of all parties

Provided further that the Court shall take into

consideration the views of the minor if he possesses

sufficient understanding

Provided further that an open adoption may

include, but shall not be limited to physical access, contact

through electronic means or any other form of

correspondence

Provided further that every open adoption

agreement shall be drawn up with due consideration to the

minor’s best interest

Provided further that open adoption shall give the

right of access between siblings, even when one of the

siblings has been adopted

Provided further that the minor shall give his

consent when he has attained the age of eleven (11) years

Provided further that any amendments to the

agreement of open adoption shall not have any effect

before they are authorised by the Court.".

Sub-article (2) of article 120 of the Code shall be substituted

by the following new sub-article

"(2) Following an application for an adoption decree of a

minor, the Court shall appoint a Children’s Advocate to ensure

that the minor is adequately represented and his best interests are

safeguarded.".

Immediately after article 120 of the Code there shall be added

the following new article

120A. Without prejudice to the functions of the

Children’s Advocate under any other law, the Children’s

Advocate shall

(a) hear the wishes and views of the

minor;

(b) submit the wishes and views of the

minor to the Court as relayed to him by the minor

himself, or by other professionals working with the

minor;

(c) give advice and explanation to the

minor on the ongoing proceedings and the effects

that such proceedings may have;

(d) in cases of open adoption, hear the

wishes and views of the minor regarding the

agreement of open adoption and submit such

wishes and views, either orally or in writing during

proceedings in accordance with article 114A.".

Immediately after article 121 of the Code there shall be added Addition of a

new article to

the following new article

the Code.

121A. Upon an adoption decree being made, a copy

shall be served upon the Central Authority

Provided that in case of local adoptions, a copy

of the adoption decree shall also be served upon the

Directorate of Alternative Care (Children and Youth).".

In the third proviso to article 124 of the Code the words "new Amendment of

name." shall be substituted by the words "new name:" and immediately article

the Code.

after there shall be added the following new proviso

"Provided further that where the person to be

adopted has sufficient understanding, he may choose to retain

his biological family name and assume the surname of the

adopter or adoptive parents, as the case may be, in accordance

with the provisions of this Code.".

In sub-article (2) of article 125 of the Code the words "of the Amendment of

applicant." shall be substituted by the words "adopted in accordance article

the Code.

with the provisions of article 124.".

Article 127A of the Code shall be amended as follows

Amendment of

article 127A of

the Code.

(a) in sub-article (1) thereof the words "and, or details of

the adopted person’s natural family and, or adoption placement"

shall be deleted; and

(b) immediately after sub-article (1) thereof there shall

be added the following new sub-article

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

attained the age of sixteen (16) years shall have the right to

file a formal request to the Central Authority to request

details of the adopted person’s natural family and, or of the

adoption placement

Provided that such information should only be

given in the presence of a professional working in the

social field, who possesses the necessary skills.".

Passed by the House of Representatives at Sitting No. 258 of the

15th July, 2024.

DAVID AGIUS

Deputy Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.72