Civil Code (Cap. 16)
Civil Code (Cap. 16), article 80
80. (1) Such possession shall be established by a series of
facts which, collectively, go to show the connection of filiati on and
relationship between an individual and the family to which he
claims to belong.
(2) Such facts are ch iefly the following:
(a) in the case of spouses who have contracted marriage
before the coming into force of the M a r r i a g e A c t a n d
other Laws (Amendment) Act, 2017 * t h a t t h e
individual has always borne the surname of the father
of whom he claims to be the child;
*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. 43
(b) in the case of children born to spouses who have
contracted marriage after the coming into force of the
Marriage Act and other Laws (Amendment) Act, 2017,
that the individual has alwa ys borne the Family Name of
the spouses of whom he cl aims to be the child;
(c) that the parents have treated the child as their own, and
have, as such, provided for the child's maintenance,
education, and establishment in life;
(d) that he has been constantly acknowledged as such in
society;
(e) that he has been acknowledged as such by the family.
No person can
claim a status
contrary to that
attributed to him
by the act of birth.
Amended by:
XVIII.2004.7.
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.