Civil Code (Cap. 16)
Civil Code (Cap. 16), article 281
281. (1)
In the case of a child conceived and born out of
wedlock, where notice of the birth of such child or the declaration of the
particulars concerning the birth of such child has not been given or made
by the person who gave birth to such child, or by either of such person’s
parents, or siblings, the said officer shall, at least two days before
entering in the act the particulars relating to the person who gave birth to
the child, give notice to the person who shall have been indicated to him
as the person who gave birth to the child, or to either of such person’s
parents; and if, within the said two days, it shall be denied that such
person is the person who gave birth to the child, the officer shall make a
report thereof to the retired Judge or retired Magistrate or retired
advocate of the Court of Revision of Notarial Acts, who, after
examining on oath such person and any other person whom he believes
to be able to give correct information, shall, if satisfied that such person
is the person who gave birth to the child, order that such person’s name,
together with such other particulars as are required under the provisions
of the foregoing articles, be entered in the act of birth, and that the
depositions taken be delivered, in original, to the Director together with
the act.
(2)
In the case of a child conceived and born out of wedlock
notice of whose birth has not been given, and the person who gave birth
to the child and such person’s parents are dead or cannot be found,
notice of the birth may at any time be given to the said officer by any
person bound to give such notice as heretofore, or by any person having
an interest or by the child or its lawful representative and the said officer
shall make a report thereon to the retired Judge or retired Magistrate or
retired advocate of the Court of Revision of Notarial Acts who shall
cause a notice in the Form BB in Part II of the First Schedule to be
published in the Gazette, calling upon any party interested to declare,
within fifteen days from the publication of that notice, by means of a
note, that he desires to contest such registration, and on the expiration of
such period and after examining on oath any person whom he believes to
be able to give correct information, whether such person shall have filed
a note or otherwise, and following the examination of any documentary
evidence that may be produced, shall, if satisfied that the person who
gave birth to the child has been established, order that the name and
surname of the person who gave birth to the child, together with such
other particulars as are required under the provisions of the foregoing
articles, be entered in the act of birth, and that the depositions taken be
delivered, in original, to the Director together with the act.
(3)
In any case referred to in sub-articles (1) and (2) the act of
birth shall be countersigned by the said retired Judge or retired
Magistrate or retired advocate.
Signing of act.
Amended by:
XXI.1933.4;
XLIII.2018.8.
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.