Civil Code (Cap. 16)
Civil Code (Cap. 16), article 128
128. ( 1 ) N o p e r s o n s h a l l m a k e o r g i v e o r a g r e e o r o f f e r t o
make or give, or receive or agree to receive or attempt to obta in any
payment or other reward for or in consideration of -
(a) the adoption by that person of any person;
(b) the grant by that person of any consent required in
connection with the adoption of a person;
(c) the transfer by that person of the care and possession
o f t h e p e r s o n t o b e a d o p t e d w i t h a v i e w t o h i s
adoption;
(d) the making by that person of any arrangements for the
adoption of a person.
(2) Any person who contravenes the provisions of sub-article
(1) of this article shall be guilty of an offence and shall, on
conviction, be liable t o imprisonment for a term of not less th an six
months but not exceeding one year or to a fine ( multa ) of not less
than one thousand and one hundred and sixty-four euro and sixty
nine cents (1,164.69) but not more than two thousand and three
hundred and twenty-nine euro and thirty seven cents (2,329.37) or
to both, and the court may order a minor in respect of whom the
offence was committed to be removed to a place of safety until he
can be restored to his parents or tutor or until other arrangem ents
can be made for him. The person convicted of an offence in term s
of this article shall also be liable to reimburse any amount wh ich
was paid to him.
(3) This article, insofar as it relates to the making of any
arrangements for the adoption of a person, does not apply to -
(a) payments made for the maintenance of that person;
and
(b) advocates’, notaries’, le gal procurators’ or medical
practitioners’ remuneration for professional services.
(4) Any conviction under the provisions of sub-article (2) of
this article shall be notified by the registrar of the court ma king the
conviction to the competent court, and the latter court shall
thereupon take such measures as it considers expedient in the b est
interests of the person adopted or to be adopted including, if it
deems fit, the revocation of the adoption decree.
CIVIL CODE [CAP. 16. 65
Prohibition of
publication.
Added by:
IV .2008.41.
Amended by:
XXIII.2017.49.
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.