Civil Code (Cap. 16)
Civil Code (Cap. 16), article 130
130. (1) Subject to sub-article ( 2), where an intercountry
adoption is to be treated as an adoption in accordance with the
provisions of article 113 the order (however called) of the authority
outside Malta whereby such adopti on is effected shall have effe ct
as if it were an adoption decree made by the court in Malta; an d the
provisions of this Code and of any other law shall apply
accordingly with such adaptatio ns and variations as may be
appropriate in the circumstances.
(2) Sub-article (1) of this arti cle shall apply subject to any
review, revocation or annulment by a competent court or other
authority of the order whereby the intercountry adoption was
effected and to any determination or order in relation thereto.
(3) Without prejudice to the foregoing provisions of this
article, in respect of an intercountry adoption the court shall have -
(a) the power to determine whether such intercountry
adoption is to be treated as an adoption in accordance
with article 113;
(b) the power to direct the appropriate entry or marking
relating to the intercountry adoption to be made in the
registers and acts referred to in this Title and the
making of any rectification or cancellation thereof;
(c) the power to determine whether, and the extent to
w h i c h , a r e v i e w , r e v o c a t i o n o r a n n u l m e n t o f s u c h a n
adoption is to have effect in Malta;
(d) the power to order that an intercountry adoption shall
cease to have effect as an adoption or to be valid, in
Malta on the grounds that the adoption is contrary to
public policy or that the authority which purported to
authorize the adoption was not competent; and
(e) generally all such powers as it has in respect of an
adoption under this Code,
and may exercise such powers on a n application for that purpose or
in the exercise of its powers under this article.
Provisions of
international treaty
to prevail.
Added by:
III.2004.120.
Amended by:
IV .2008.44.
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.