Civil Code (Cap. 16)
Civil Code (Cap. 16), article 113
113. (1) For the purposes of this Title and of any regulations
made thereunder a person shall be deemed to make or participate in
arrangements for the adoption of a person if he enters into or makes
any agreement or arrangement for, or for facilitating, the adop tion
of a person by any other person.
(2) In this Code and in any other law, unless the context
otherwise requires -
(a) any reference to a person or persons related to another
person in any line or degree shall, in respect of an
adopter or an adopted person or in tracing the
relationship through an adopter or an adopted person,
be construed as a reference t o t h e p e r s o n o r p e r s o n s
who would be so related to him if the adopted person
were the child of the adopter born to him or her in
lawful wedlock and were not the child of any other
person, and without prejudice to the generality of this
provision, any reference to the name, names or
surname of the parent or parents of an adopted person
shall be construed as a reference to the name, names or
surname of the adoptive parent or parents;
Cap. 495.
(b) "adoption" means an adoption effected under this Code
and in accordance with t he provisions of the Adoption
Administration Act and, subject to such conditions and
other provisions, and with effect from such date, if
any, as may be contained in an order made by the
Minister under this sub-article, includes an
CIVIL CODE [CAP. 16. 51
intercountry adoption; and grammatical variations
thereof or cognate expressions shall be construed
accordingly;
Cap. 495.
(c) "Adoption Board" shall have the same meaning
assigned to it by article 2 of the Adoption
Administration Act ;
(d) "children conceived and born out of wedlock" means
children so conceived and so born or such children in
whose favour the presumption referred to in articles
101 to 112 of this Code does not apply, and who have
not in either case been adopted;
S.L. 12.20
(e) "family mediator" means a m ediator as specified in the
Civil Court (Family Section), the Civil Court (General
Jurisdiction) and the Court of Magistrates (Gozo)
(Superior Jurisdiction) (Fa mily Section) Regulations ;
Cap. 602.
(f) "foster carer" shall have the same meaning as assigned
to it in article 2 of the Minor Protection (Alternative
Care) Act ;
Cap. 495.
(g) "intercountry adoption" shall have the meaning
assigned to it by article 2 of the Adoption
Administration Act ;
Cap. 468.
(h) "social worker" shall have the meaning assigned to it
by article 2 of the Social Work Profession Act ;
Cap. 495.
(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.
(3) For the purposes of this Title, unless the context otherwise
requires:
Cap. 495.
(a) "accredited agency" shall have the same meaning
assigned to it by a rticle 2 of the Adoption Administration
Act;
Cap. 495.
(b) "Board of Appeal" shall have the same meaning assigned
to it by artic le 2 of the Adoption Administration Act ;
Cap. 495.
(c) "central authority" shall have the same meaning assigned
to it by artic le 2 of the Adoption Administration Act ;
(d) "child" means a person under eighteen years of age;
(e) "country of origin" in respect of intercountry adoption
shall mean the country from which a child is adopted;
(f) "Hague Convention" means the Convention on Protection
of Children and Co-Operation In Respect of Intercountry
Adoption;
Cap. 495.
(g) "open adoption" shall have the same meaning assigned
to it by article 2 of the Adoption Administration Act .
52 [CAP. 16. CIVIL CODE
Power to make
adoption decrees.
Amended by:
IX.2004.14;
IV .2008.30;
XX.2010.2.
XV .2017.52;
XXVII.2020.35.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.