ADOPTION REGULATIONS

ADOPTION

SUBSIDIARY LEGISLATION 16.04

ADOPTION REGULATIONS

1st March, 1995

LEGAL NOTICE 15 of 1995,as amended by Act II of 2019.

The title of these Regulations is Adoption Regulations.

The following matters are prescribed for the purposes of

the provisions of the Civil Code hereinafter specified

(a) for the purposes of article 116(2), the prescribed

authority therein referred to shall be the Chief Executive

Officer of the Social Care Standards Authority. The Chief

Executive Officer shall in turn submit a social report to

the court in the interest of the person to be adopted, and

the court shall decide on the application for an adoption

after it has taken cognizance of the report;

(b) for the purposes of article 118(2), the prescribed

manner therein referred to shall be a reference to the

number which distinguishes the application filed in

favour of the person whose identity is not known to the

consenting party and a reference to the date on which

that application was filed;

(c) for the purposes of article 118(2)(b), the class of

person who may attest a document of the kind referred

to in that sub-article shall be any class of person

holding an office which, according to the law of Malta

or of the place where the document is attested,

empowers such person to attest documents at the place

where the document is executed;

(d) for the purposes of article 119(2), the certificate of a

registered medical practitioner shall be required in all

cases except where the applicant or one of the

applicants is the mother or the father of the person to

be adopted or where the Court deems proper to exempt

the applicant from such a requirement;

(e) for the purposes of article 120, the person who may be

appointed by the Court as special curator of a minor

shall be a person who has attained the age of thirty-

five years and is, by reason of his experience or office,

a fit and proper person to act as such a curator.