Civil Code (Cap. 16)
Civil Code (Cap. 16), article 77C
77C. In the cases referred to in articles 77, 77A and 77B the
person claiming to be the natural parent of the child born in w edlock,
or the spouse who gave birth as t he case may be, may proceed wi th the
action for the declaration of parenthood if their sworn applica tion is
filed within six months fro m the birth of the child:
Provided that the Civil Court (Family Section) may, after
the sworn application of the person claiming to be the natural parent of
the child born in wedlock or the spouse who gave birth and, if possible
after having heard all the partie s interested, and after having
considered the rights of the plaintiff and the child, at any ti me
authorise the person claiming to b e the natural parent of the c hild born
in wedlock, or the spouse who gave birth to institute an action for the
declaration of parenthood as men tioned in articles 77A and 77B:
Provided further that, when the filiation of a person has been
declared by the court, any person who in consequence of such
declaration is to assu me a surname other than the surname used by
such person before such declarat ion, or his legitimate represen tative,
may request the competent court by application against the Dire ctor of
the Public Registry to be allowed to continue to use such other
surname, and the court if it is satisfied that third parties will not be
prejudiced thereby and, where t he application has been done on behalf
of the minor, that such use shall be in the best interest of th e minor,
shall accede to such request and order the Director to make an
annotation of its decision on the relevant act of birth of the person
whose filiation has been so declared.
Examinations as
referred to in
article 70A.
Added by:
XXIII.2010.4.
Amended by:
XV .2012.6.
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.