Civil Code (Cap. 16)
Civil Code (Cap. 16), article 119
119. (1) The court before makin g an adoption decree shall be
satisfied -
(a) that every person whose consent is necessary for the
making of the adoption decree and whose consent is
not dispensed with, has consented to and understands
the nature and effect of the adoption decree for which
application is made; and in particular in the case of
any parent that he understands that the effect of the
adoption decree will be permanently to deprive him or
her of his or her rights in respect of the person to be
adopted;
(b) that the decree if made will be for the welfare of the
person to be adopted;
(c) that the applicant has not received or agreed to receive,
and that no person has made or given or agreed to
make or give to the applicant, any payment or other
reward in consideration of the adoption except such as
the court may sanction;
(d) that due consideration has been given to the
recommendations of the Adoption Board.
(2) In determining whether an adoption decree if made will be
for the welfare of the person to be adopted, the court shall ha ve
regard (among other things) to the health of the applicant, as
evidenced, in such cases as may be prescribed, by the certifica te of
a registered medical practitioner, and shall give due considera tion
to the wishes of the person to be adopted, having regard to his age
and understanding and to the re ligious persuasion of such perso n
and of his parents.
(3) The court in an adoption decree may impose such terms and
conditions as the court may think fit, and in particular may re quire
the adopter to make for the person to be adopted such provision (if
any) as in the opinion of the court is just and expedient.
(4) If it is in the minor’s best interest, the Court shall, when
making the adoption decree, authorise an agreement of open adop tion
which has been drawn up by the parties together with the Adopti on
Service within the Directorate of Alternative Care (Children an d
Youth) or before a mediator, where the parents and, or the natu ral
family of the minor shall mainta in 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 po ssesses sufficient understanding :
Provided further that an open adoption may include, but
CIVIL CODE [CAP. 16. 59
shall not be limited to physical a ccess, contact through electr onic
means or any other fo rm of correspondence:
Provided further that every open adoption agreement shall
be drawn up with due considerati on 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 authori sed by
the Court.
Curator.
Amended by:
VII.1977.5;
IV .2008.35;
XXVIII.2024. 10.
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.