Civil Code (Cap. 16), article 125

125. (1) Every adoption decree shal l contain a direction to the Director of the Public Registry to make in the Adopted Persons Register (established by article 269 of this Code) an entry in accordance with Form H set out in Part II of the First Schedule to this Code and (subject to the provisions of the next following sub- article) shall specify the parti culars to be entered under the headings in columns 2 to 7 of that form. (2) For the purposes of compliance with the requirements of the last foregoing sub-article - (a) where the precise date of the birth of the person to be adopted is not proved to the satisfaction of the court, the court shall determine th e probable date of his birth and the date so determined shall be specified in the decree as the date of his birth; (b) where the country and place of birth of the person to be adopted are not proved to the satisfaction of the court, then, if it appears probable that that person was born in Malta, he shall be t reated as having been born in Malta, and in any other case the particulars of the country of birth may be omi tted from the decree and from the entry in the in the Adopted Persons Register; (c) the term "sex" shall also i nclude the term "gender" and the court shall only includ e the term "sex" in the decree, and the surname to be specified in the decree as the surname of the person to be adopted shall be the surname adopted in accordance *The provisions of Act XXIII of 2017 came into force on the 1st of September, 2017. See Legal Notice 212 of 2017. CIVIL CODE [CAP. 16. 63 with the provisions of article 124. (3) Where upon any application for an adoption decree there is proved to the satisfaction of the court the identity of the per son to be adopted with a person to whom an entry in the register book of acts of birth (established by article 238 of this Code) relates , any adoption decree made in pursuan ce of the application shall cont ain a direction to the Director of the Public Registry to cause the entry in the register book of acts of birth to be marked with the wor d "Adopted". (4) Where an adoption decree is made in respect of a person who has previously been the subject of an adoption decree under this Title, the decree shall cont ain a direction to the Directo r of the Public Registry to cause the entry in the Adopted Persons Regis ter to be marked with the word "Re-adopted". (5) Upon an adoption decree being made, the Registrar of Courts shall cause the decree to be communicated to the Directo r of the Public Registry within fifteen days of the making of such decree and the Director of the Public Registry shall, within fi fteen days of the receipt of such communication, cause compliance to be made with the directions contai ned in the decree both in regard to marking any entry in the register book of acts of birth with th e word "Adopted" and in regard to making the appropriate entry or entries in the Adopted Persons Register, and shall on every suc h decree write the date of receipt thereof and sign his name ther eto. (6) The provisions of sub-article (2) of article 238, sub-articl e (1) of article 245, articles 248, 249, 252, 260, 261 and, subje ct to the provisions of article 269, article 251 shall mutatis mutandis apply to the Adopted Persons Reg ister and entries therein, extr acts therefrom and certificates and oth er documents relating thereto or connected therewith. Presumption that a person was conceived or born in wedlock: revocation of adoption decrees and cancellations in register. Amended by: XXIV .1995.362; IX.2004.14; XVIII.2004.35; XXIII.2017.48.