Local Adoptions Law

CLOSED CONSULTATION

From:	Ministry for Social Justice and Solidarity, the Family and Children’s Rights
Published:	2 December 2020
Running till:	31 December 2020
Last Updated:	4 January 2021

We are analysing your feedback.

Please visit this page again to download the outcome report with reference to this Public Consultation.

Original Consultation

1. Background

The Ministry for Family, Children’s Rights and Social Security has been committed from the start of this legislature to bring about a catalytic change in local legislation relating to children. The enactment and subsequent bringing into force of the Minor Protection (Alternative Care) Act, Cap. 602 of the Laws of Malta was the drop in the water that created the ripple effects of work on other aspects of the law. One of such aspects of local legislation that needs to be reviewed, discussed and amended is the law on local adoptions.

Adoptions in Malta are regulated by the Civil Code, which was not subject to amendments earlier this year when Cap. 602 came into force. Adoptions are a particularly sensitive subject due to the severing of legal ties with the natural family and the consolidation of new legal ties with the adoptive family.

The Ministry is aware that as things stand, Maltese citizens who wish to adopt find it more suitable to their needs to opt for intercountry adoptions rather than adopting a child who is in alternative care in Malta. On the other hand, the Ministry is aware of the number of children who are currently in the alternative care system and who therefore are lacking the opportunity to live and thrive within a family environment. Bridging these needs by ameliorating local legislation is an exercise that cannot be delayed any further and that this Ministry is committed to undergo in the coming weeks.

At this stage, the Ministry is presenting a set of proposals that will be examined further in the coming weeks. Stakeholders and professionals are invited to send their feedback on current legislation and proposals of reform to the Ministry which feedback and proposals will be examined and taken into consideration when drafting the amendments to the law.

2. Documents

Local Adoptions Law Public Consultation EN Version (1).pdf

Local Adoptions Law Public Consultation EN.pdf

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3. Submission of input

Entities have already compiled studies and proposals for reform to the law on adoption. The Ministry has set up a drafting team in order to collect feedback from the key stakeholders and the professionals working in the field to examine the proposals forwarded. The Ministry welcomes further feedback and proposals from all stakeholders, parents, adopted children, professionals, academics and anyone who has a contribution to make.

The Ministry will ensure that children in alternative care will be consulted. This exercise will make sure that children have their own say in this delicate subject that concerns them directly.

The Ministry received feedback by email on localadoptions@gov.mt

Submissions were received by 31 December 2020.

We thank you for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.

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In addition, please be aware of:

· Disclosure under the Freedom of Information Act (Chapter 496)

As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.

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