ADOPTION ADMINISTRATION ACT

CHAPTER 495

ADOPTION ADMINISTRATION ACT

To make special provision for the administration of adoption

proceedings.

1st May, 2008

ACT IV of 2008 , as amended by Acts XI of 2022 and XXIX of 2024.

PART I

INTRODUCTION AND DEFINITIONS

The short title of this Act is the Adoption Administration

Act.

In this Act, unless the context otherwise requires

"accredited agency" means an organisation which is accredited

by the central authority, in accordance with the Hague Convention,

to carry out local and, or intercountry adoption;

"adoption" means a local or an intercountry adoption made in

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

the Minor Protection (Alternative Care) Act, the provisions of this

Act and any regulations made thereunder;

"Adoption Board" means the board established by virtue of

article 3;

"Adoption Service within the Directorate of Alternative Care

(Children and Youth)" means the adoption service offered by the

national agency which is accredited by the Central Authority in

accordance with the Hague Convention to carry out local and inter-

country adoptions;

"Board of Appeal" means the board established by virtue of

article 16 or such other administrative board or tribunal which the

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

the functions as specified in this Act;

"central authority" means the Authority established by virtue of

article 7;

"child" means a person under eighteen years of age;

"country of origin" in respect of intercountry adoption means the

country from which a child is adopted;

"court" means the Civil Court (Voluntary Jurisdiction Section);

"Hague Convention" means the Convention on Protection of

Children and Co-Operation in Respect of Intercountry Adoption;

"intercountry adoption" means an adoption effected in

accordance with the provisions of the Civil Code relating to

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

country

(i)

in accordance with the Hague Convention or any other

International Treaty to which Malta is a party; or

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

Malta, or in favour of any person not habitually

resident in Malta;

"open adoption" means an adoption made in accordance with

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

child maintains contact, which may be physical, virtual or through

correspondence with his parents and, or natural family;

"the Minister" means the Minister responsible for social policy;

"social worker" shall have the meaning assigned to it by article 2

of the Social Work Profession Act.

PART II

ADOPTION BOARD

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

which shall be composed of a Chairperson and a minimum of

another four members. This Board shall be composed of the

following

(a) professionals representing different disciplines; and

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

adequate knowledge and is proficient in the area of

adoption.

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

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

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

may be appointed at any time during the term of office of the

Adoption Board.

(3) A person shall not be qualified to be appointed or continue

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

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

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

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

the Minister for a minimum period of two years.

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

office by the Minister on grounds of inability to perform the

functions of their office or of misbehaviour.

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

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

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

appointment.

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

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

responsible for the keeping of the relevant records and shall carry

out such other work related to the functions of the Adoption Board

as may be instructed by the Chairperson.

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

made thereunder, the Adoption Board shall regulate its own

procedure

Provided that any decision of the Adoption Board shall be

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

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

The Secretary to the Board shall not vote.

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

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

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

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

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

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

professionals or other persons having relevant knowledge and

experience in the field of adoption.

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

Board and any person involved in the proceedings before the

Adoption Board shall be bound by confidentiality and shall not

disclose to any third party any information which may come to

their knowledge during the proceedings. These persons shall also

not distribute to any third party any document pertaining to the

Adoption Board or any copies thereof, unless requested or duly

authorised to do so by any court of law.

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

report of all its activities during the preceding calendar year by not

later than the fifteenth April of each year.

(1)

The functions of the Adoption Board shall include

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

worker of an accredited agency;

(b) determining eligibility and suitability or otherwise of a

prospective adoptive parent;

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

of the child to be adopted;

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

central authority regarding a prospective adoptive

parent;

(e) making recommendations to accredited agencies and,

or the Minister on training programmes and

counselling sessions for prospective adoptive parents;

(f)

making recommendations to the Minister on the

parameters to be established for the organisation of

counselling sessions;

(g) making recommendations to the Minister for a more

effective implementation of Title III of Book First of the

Civil Code, the provisions of the Minor Protection

(Alternative Care) Act and the provisions of this Act and

of any regulations made thereunder;

(h) making recommendations to the Embryo Protection

Authority regarding the eligibility and suitability of

prospective parent or parents relative to adoption of an

embryo as provided in sub-article (4) of article 4 of the

Embryo Protection Act.

(2) The Adoption Board shall have access to all documentation

deemed relevant to the adoption procedure and it shall be unlawful

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

functions.

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

containing its recommendations, by registered mail to the

prospective adoptive parent and to the accredited agency. The

prospective adoptive parent shall have the right to appeal in

accordance with article 6.

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

give its final recommendations to the court regarding the eligibility

and suitability or otherwise of the prospective adoptive parents.

(3) In the case of intercountry adoptions, the recommendations

of the Adoption Board shall be submitted to the central authority

for its written approval prior to proceeding with the intercountry

adoption. After the intercountry adoption has been authorised by

the foreign competent authority, a prospective adoptive parent shall

file an application to the court requesting recognition of the

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

reaching its decision the court shall take into consideration any

recommendations of the Adoption Board.

(1) A prospective adoptive parent may appeal from a

decision delivered by the Adoption Board, by filing an application

in front of the Board of Appeal by not later than twenty days from

the date of service of the decision by registered mail.

(2) Any recommendations made by the Adoption Board shall

not be forwarded to the court

(a) prior to the decision of the Board of Appeal; or

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

article 6 if no appeal has been filed in front of the

Board of Appeal.

PART III

CENTRAL AUTHORITY

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

Minister to perform and fulfil the functions, duties and

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

t h e H a g u e C o n v e n t i o n , t h e p r o v i si o n s o f t h i s A c t a n d a n y

regulations issued thereunder.

(2) The central authority may delegate to an accredited agency

any of its functions, duties and responsibilities which are not

regulatory and which do not involve the granting, refusal or

revocation of accreditation. The accredited agency shall be

responsible to exercise such functions, duties and, or

responsibilities in accordance with the provisions of this Act.

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

"the Reunion and Information Register", with the contact details of

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

adoption proceedings or who are relatives by consanguinity up to

the third degree inclusively, of a person who was a party to

adoption proceedings, and who request to be included in this

register by filling in the form approved and provided for by the

central authority. No information found in this Register shall be

given to any person without the prior written consent of the person

whose details are requested, which consent may be obtained at any

point in the proceedings.

The central authority shall monitor all proceedings for an

intercountry adoption which shall only be processed upon the

approval in writing of the central authority in accordance with this

Act.

(1) The central authority shall be the authority responsible

for the receipt of applications for accreditation from organisations

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

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

accreditation in conformity with the Hague Convention, the

provisions of this Act and any regulations made thereunder.

(2) The central authority shall be responsible to establish

criteria for the granting, refusal or revocation of accreditation.

The Central Authority shall ensure that Post Adoption Reports

are drawn up and sent to the relative authorities.

PART IV

ACCREDITATION

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

accreditation in the form approved and provided for by such

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

adoption.

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

of an application, require an organisation to provide any documents

and information deemed necessary in order to ascertain whether

accreditation should be granted.

The central authority may accredit an organisation if it is

satisfied that the organisation

(a) has sufficient experience and expertise in dealing with

child and family matters; and

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

carry out local and, or intercountry adoption; and

(c) has the administrative and legal competency to carry

out the functions appertaining to adoption procedures;

and

(d) complies with the accreditation criteria specified in the

Hague Convention.

(1) Upon granting accreditation to an organisation the

central authority shall issue an Accreditation Certificate which

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

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

by the central authority if the accredited agency applies for renewal

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

accreditation and renewal shall only be granted if the accredited

agency is still in compliance with articles 10 and 11. The decision

of the central authority on the renewal of the accreditation

certificate shall be served on the accredited agency, by registered

mail, within thirty days from the application for renewal.

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

application for accreditation if it deems the organisation not fit to

carry out adoption services. The refusal together with the reasons

therefor shall be served in writing, by registered mail, to the

organisation applying for accreditation within three months from

the date of application.

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

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

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

as specified in sub-article (1).

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

central authority for accreditation if the reason for the refusal no

longer subsists.

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

accreditation of an agency at any time, if the agency

(a) files a request in writing for revocation;

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

accreditation;

(c) is no longer deemed suitable to provide adoption

services;

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

accordance with the provisions of this Act.

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

mail, with the written revocation together with the reasons therefor

and such revocation shall have effect from date of service.

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

mentioned in sub-article (1)(b), (c) or (d), the agency shall have the

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

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

twenty days of the service specified in sub-article (2).

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

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

the central authority until the final decision.

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

Accreditation Certificate and all the records and documentation

relating to the pre-adoption and adoption services shall become the

property of the central authority. The central authority may appoint

another accredited agency to have custody of such records and

documentation, continue to monitor the prospective adoptive

parents, and to carry out all the functions that belonged to the

agency whose accreditation was revoked, according to article 22.

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

authority shall publish in the Gazette

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

registered address and other relevant contact details;

(b) a list of agencies whose accreditation has been

revoked throughout the previous calendar year; and

(c) any changes in the

conditions

required

for

accreditation or renewal.

(2) The lists in sub-article (1)(a) and (b) shall also be

communicated by the central authority to the Permanent Bureau of

the Hague Conference.

PART V

BOARD OF APPEAL

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

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

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

at least seven years.

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

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

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

functions of their office or of proved misbehaviour.

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

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

challenged or may abstain in accordance with article 734 of the

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

Minister shall appoint another person to sit as a member on the

Board of Appeal in substitution of the said member for the duration

of the appeal in question.

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

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

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

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

Council.

(1) The Board of Appeal shall be competent to

(a) review decisions of the Adoption Board upon an

appeal filed in accordance with article 6;

(b) review decisions of the central authority upon an

appeal filed in accordance with articles 13 and 14;

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

provisions of this Act and any regulations made

thereunder;

(d) undertake any other function as the Minister may

designate by regulations made by virtue of this Act.

(2)

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

have access to all documentation pertaining to the adoption

procedure and it shall be unlawful for any person to hinder it in the

carrying out of its functions.

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

Code of Organization and Civil Procedure, vested in the Civil

Court, First Hall.

(4) Without prejudice to sub-article (3), in the exercise of its

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

evidence and produce the necessary documentation. For this

purpose the Chairperson shall have the power to administer the

oath.

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

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

application, unless in the opinion of the Chairperson a longer

period is necessary for a valid reason which must be stated and

registered in the proceedings of the case.

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

authority shall have immediate effect unless the Board of Appeal

decides to suspend it until it has given the final judgement.

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

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

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

working days from the date of such decision.

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

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

appe al on a point of l aw. Su ch appeal shall b e made by an

application to the Court of Appeal constituted in accordance with

article 41(9) of the Code of Organization and Civil Procedure. Such

application shall be filed by not later than twenty days from the

date of the decision of the Board of Appeal.

PART VI

ACCREDITED AGENCIES

An organisation shall be deemed to make arrangements for

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

arrangements for facilitating the adoption of a child.

An accredited agency shall develop, update and execute

written policies, procedures and manuals which shall be subject to

a p p r o v a l b y t h e c e n t r a l a u t h o r i t y. T h e s e w r i t t e n p o l i c i e s ,

procedures and manuals shall include training and assessment

procedures, and matching of prospective adoptive parents with

children, in cases of local adoptions.

Before commencing the adoption process, the accredited

agency shall

(a) inform prospective adoptive parents of its objectives,

powers and activities;

(b) make available a copy of its Accreditation Certificate

to prospective adoptive parents as proof of its

accreditation;

(c) inform prospective adoptive parents of any legal

requirements;

(d) explain the written agreement that prospective

adoptive parents must sign, with regard to the services

that will be provided to them and the applicable fees.

An accredited agency shall maintain one or more registers

listing

(a) the prospective adoptive parents registered with it; and

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

who have been adopted by persons previously

registered with it as prospective adoptive parents.

(1) An accredited agency shall be responsible to

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

and procedures established by the central authority;

(b) receive and process applications from persons who

would like to adopt a child;

(c) provide training to prospective adoptive parents;

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

Report", on the situation of the prospective adoptive

parent, including any recommendations on whether

such prospective adoptive parent should be allowed to

adopt and the reasons therefor;

(e) assess the suitability or otherwise of prospective

adoptive parents;

(f)

ensure that any adoption placement will be in the best

interest of the person to be adopted;

(g) Repealed by XXIX.2024.7.

(h) draw up reports, to be known as "Post Adoption

Reports" on the situation of the adoptive parents and

the adopted child in accordance with the provisions of

this Act;

(i)

grant the central authority access to any records and

documentation dealing with the adoption procedure of

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

prospective adoptive parent, including the Home Study

Reports and Post Adoption Reports;

(j)

grant the central authority access to its financial

accounts and audits;

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

calendar year on the performance of its functions;

(l)

comply with any other duties and obligations as

specified by the central authority or as a result of

regular monitoring of the operations of the accredited

agency by the central authority;

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

Civil Code, the Hague Convention and the provisions

of this Act.

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

Adoption Reports, the social worker authorised by the accredited

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

be unannounced and the prospective adoptive parents shall not

refuse entry, shall co-operate with the social worker and shall

provide correct information to the best of their knowledge.

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

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

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

new Home Study Report shall be required.

(4)

Repealed by XXIX.2024.7.

(5)

Repealed by XXIX.2024.7.

(1) All adoptions shall be subject to Post Adoption

Reports and the adoptive parents shall co-operate with the social

worker in order for the report to be drawn up.

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

be drawn up every year for a period of not less than three (3) years or

until the adopted person turns eighteen (18) years, whichever date is

the earliest.

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

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

the requirements of the country of origin and forwarded to the

relevant authority in the country of origin, according to its

requirements.

In the case of local adoptions, the Directorate of Alternative

Care (Children and Youth), as the national agency, shall match

prospective adoptive parents with minors given up for adoption, where

such matching is in the minor’s best interests

Provided that the Adoption Service within the Directorate of

Alternative Care (Children and Youth) shall keep a list of all

prospective adoptive parents approved by the Adoption Board, who

express their interest to be included in the list for local adoptions

Provided further that approved prospective adoptive parents

may contact the Adoption Service within the Directorate of

Alternative Care (Children and Youth) directly or may be referred by

any accredited adoption agency in Malta to be placed on the said list.

Upon being notified by the Director (Child Protection) that

a parent intends to relinquish the care of a minor and give the minor up

for adoption, the Directorate of Alternative Care (Children and Youth)

may place the minor in alternative care as a temporary placement,

which in the case of a newborn, shall be for a period of not less than

eight (8) weeks.

(1)

Where the parents retain the view that the minor is to

be given up for adoption, the Director (Child Protection) shall

immediately inform the Adoption Service within the Directorate of

Alternative Care (Children and Youth) who shall immediately identify

all registered and approved prospective adoptive parents whose profile

and preferences match those of the minor.

(2)

The Adoption Service within the Directorate for Alternative

Care (Children and Youth) shall, after identifying all registered and

approved prospective adoptive parents whose profile matches that of

the minor, convene a meeting with at least three (3) professionals

coming from different fields that shall include

(a)

a family therapist;

(b)

a psychologist;

(c)

a social worker in the grade of ‘senior social

worker’; or

(d)

a person who is a professional who works within

the Foundation for Social Welfare Services, with at least three

(3) years professional experience in working with children in

alternative care, and who does not work with the Adoption

Service within the Directorate for Alternative Care (Children

and Youth) or with any accredited adoption agency.

(3)

When the most suitable prospective adoptive parents are

identified, the Directorate of Alternative Care (Children and Youth)

shall inform the identified prospective adoptive parents of the match.

(4)

Where the prospective adoptive parents identified refuse the

match, the Directorate of Alternative Care (Children and Youth) shall

contact the next identified prospective adoptive parents.

(5)

Where none of the identified prospective adoptive parents

identified accept the match, the Director Alternative Care (Children

and Youth) shall notify the Adoption Service within the Directorate of

Alternative Care (Children and Youth) and the said matching process

shall start from the beginning.

(6)

When the identified prospective adoptive parents accept the

match, the transition of the minor with the prospective adoptive

parents shall commence according to the plan drawn up by the

professionals.

(7)

Each matching phase meeting shall take place within eight

(8) working days from the notification of the concerned Director, and

the whole process shall not take longer than thirty (30) working days

to be concluded.

(1)

The process provided in article 24B shall be observed

by the Central Authority at all times, who shall nominate two (2)

professionals to observe the said process.

(2)

The Central Authority may halt the process at any stage,

upon reasonable suspect that the best interest of the minor is not being

adhered to.

Part VIA

Adoptive Parents

Without prejudice to the rights and responsibilities of

adoptive parents under this Act or any other law, adoptive parents

shall

(a)

cooperate fully with the key social worker

drawing up Post Adoption Reports;

(b)

in cases of open adoption, facilitate contact as

specified in the agreement of open adoption;

(c)

receive adequate professional assistance and

support;

(d)

provide information, as known by them, to the

adopted person about their life story, in a manner that he may

understand, according to the age and maturity of the adopted

person;

(e)

apply any recommendations and guidelines given

by professionals in the best interest of the adopted person;

(f)

participate and cooperate during proceedings to

draw up the agreement of open adoption.

PART VII

OFFENCES

Any person who, in any way hinders or obstructs the

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

accredited agency in the performance of any of their functions shall

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

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

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

thousand and one hundred and sixty-four euro and sixty nine cents

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

twenty-nine euro and thirty seven cents (2,329.37) or to both such

fine and imprisonment.

(1) Any person or organisation that makes arrangements

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

authority shall be guilty of an offence and shall on conviction be

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

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

thousand and one hundred and sixty-four euro and sixty nine cents

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

twenty-nine euro and thirty seven cents (2,329.37) or to both.

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

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

such court shall take any measures it considers expedient in the

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

decree if circumstances so warrant.

(1) The Central Authority shall be responsible to receive

reports about private adoptions and forward them to the Executive

Police for investigation.

(2) All accredited agencies shall be bound to report any private

adoptions which come to their attention to the Central Authority.

Without prejudice to article 25 or any specific penalty

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

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

be guilty of an offence and shall, on conviction, be liable to a fine

(multa) of not less than two hundred and thirty two euro and ninety

three cents (232.93) but not more than two thousand and three

hundred and twenty-nine euro and thirty seven cents (2,329.37).

PART VIII

REGULATIONS

The Minister may make regulations

(a) for the accreditation, monitoring and control of refusal

or revocation of such accreditation;

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

Board and, or the central authority;

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

procedures to be followed by the Board of Appeal;

(d) for any incidental and supplementary matter which the

Minister considers expedient to provide for, for the

effective implementation of the provisions of this Act;

(e) to establish penalties for breach of the provisions of

this Act.

PART IX *

APPLICABILITY

†

The provision of this Act shall be applicable to adoption

procedures initiated following the entry into force of this Act.

*this Part was originally numbered Part X.

†this article was originally numbered article 45.

Also note that the provisions of this article also apply to the consequential

amendments made by this Act to articles 113, 114, 115, 116, 117, 119, 120, 121, 122,

124, 127A, 128, 128A, 128B, 128C, 128D, 128E, 128F, 129 and 130 of the Civil Code

(Cap. 16).