Civil Code (Cap. 16)

Civil Code (Cap. 16), article 122

Official PDF on legislation.mt

122. (1) Where an adoption decree is made, any judgement, decree or order for the payment of maintenance in force with respect to that person, and any agreement whereby the parent of that person has undertaken to make payments specifically for hi s benefit, shall cease to have effect, but without prejudice to t he recovery of any arrears which ar e due under the judgment, decre e, order or agreement at the da te of the adoption decree. (2) After an adoption decree has been made in respect of a person who is conceived and born out of wedlock, no judgment, decree or order for the payment of maintenance shall be made. Property rights. 123. (1) Where, at any time after the making of an adoption decree, the adopter or the adopted person or any other person d ies intestate in respect of any property, that property shall devol ve in all respects as if the adopted person were the child of the ado pter born in lawful wedlock and were not the child of any other pers on. (2) In any disposition of property made, whether by instrument inter vivos or by will, after the date of an adoption decree - (a) any reference (whether expre ss or implied) to the child or children of the adopter shall, unless the contrary intention appears, be construed as, or as including, a reference to the adopted person; (b) any reference (whether expre ss or implied) to the child or children of the adopted person’s natural parents or either of them shall, unle ss the contrary intention appears, be construed as not being, or as not including, CIVIL CODE [CAP. 16. 61 a reference to the adopted person; and (c) any reference (whether express or implied) to a person or persons related to the adopted person in any line or degree shall, unless the contrary intention appears, be construed as a reference to the person or persons who would be related to him in that line or degree if he were the child of the adopter born in lawful wedlock and were not the child of any other person. (3) For the purposes of the devolution of any property in accordance with this article and for the purposes of the constr uction of any disposition to which sub-article (2) applies, an adopted person shall be deemed to be related to any other person being the adopted child of the adopter as brother or sister. (4) Where an adoption decree is made in respect of a person who has been previously adopted, the previous adoption shall be disregarded for the purposes of this article in relation to the devolution of any property on the death of a person dying intes tate after the date of the subsequent adoption decree, and in relati on to any disposition of property made, or taking effect on the date of a person dying, af ter that date. Adopted person to assume adopter’s surname. Substituted by: XXX.1981.5. Amended by: IV .2008.38; XXIII.2017.47; LXV .2020.18; XXVIII.2024. 13.

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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.