📄 Legal text
[ CAP. 495.
ADOPTION ADMINISTRATION
1
CHAPTER 495
ADOPTION ADMINISTRATION ACT
To make special provision for the administration of adoption
proceedings.
1st May, 2008
ACT IV of 2008, as amended by Acts XI of 2022 and XXIX of 2024.
PART I
INTRODUCTION AND DEFINITIONS
1.
Act.
2.
The short title of this Act is the Adoption Administration
Short title.
In this Act, unless the context otherwise requires:
Definitions.
Amended by:
XXIX.2024.3.
"accredited agency" means an organisation which is accredited
by the central authority, in accordance with the Hague Convention,
to carry out local and, or intercountry adoption;
"adoption" means a local or an intercountry adoption made in
accordance with the provisions of the Civil Code, the provisions of
the Minor Protection (Alternative Care) Act, the provisions of this
Act and any regulations made thereunder;
Cap. 16.
Cap. 602.
"Adoption Board" means the board established by virtue of
article 3;
"Adoption Service within the Directorate of Alternative Care
(Children and Youth)" means the adoption service offered by the
national agency which is accredited by the Central Authority in
accordance with the Hague Convention to carry out local and intercountry adoptions;
"Board of Appeal" means the board established by virtue of
article 16 or such other administrative board or tribunal which the
Minister may from time to time designate to carry out all or any of
the functions as specified in this Act;
"central authority" means the Authority established by virtue of
article 7;
"child" means a person under eighteen years of age;
"country of origin" in respect of intercountry adoption means the
country from which a child is adopted;
"court" means the Civil Court (Voluntary Jurisdiction Section);
"Hague Convention" means the Convention on Protection of
Children and Co-Operation in Respect of Intercountry Adoption;
"intercountry adoption" means an adoption effected in
accordance with the provisions of the Civil Code relating to
adoption, the provisions of this Act and the law of a foreign
country:
(i)
in accordance with the Hague Convention or any other
Cap. 16.
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ADOPTION ADMINISTRATION
International Treaty to which Malta is a party; or
(ii) in Malta, in respect of a child not habitually resident in
Malta, or in favour of any person not habitually
resident in Malta;
Cap. 16.
"open adoption" means an adoption made in accordance with
article 22 of this Act and article 119 of the Civil Code, whereby a
child maintains contact, which may be physical, virtual or through
correspondence with his parents and, or natural family;
"the Minister" means the Minister responsible for social policy;
Cap. 468.
"social worker" shall have the meaning assigned to it by article 2
of the Social Work Profession Act.
PART II
ADOPTION BOARD
Establishment of
the Adoption
Board.
3. (1) There shall be a Board, known as the Adoption Board,
which shall be composed of a Chairperson and a minimum of
another four members. This Board shall be composed of the
following:
(a) professionals representing different disciplines; and
(b) a person who, in the opinion of the Minister, has
adequate knowledge and is proficient in the area of
adoption.
(2) The Minister shall endeavour to have a person over the age
of eighteen years who is adopted and a person who is or was an
adoptive parent as part of the Adoption Board, and such persons
may be appointed at any time during the term of office of the
Adoption Board.
(3) A person shall not be qualified to be appointed or continue
to hold office as a member of the Adoption Board if that person is a
Judge, a Magistrate, a member of the House or of a Local Council,
or a candidate for election to the House or a Local Council.
(4) The members of the Adoption Board shall be appointed by
the Minister for a minimum period of two years.
(5) Any member of the Adoption Board may be removed from
office by the Minister on grounds of inability to perform the
functions of their office or of misbehaviour.
(6) In the event that any member of the Adoption Board vacates
his office before completing his term, the member appointed in his
stead shall be so appointed for the unexpired period of the original
appointment.
(7) The Minister shall designate a person to act as Secretary to
the Adoption Board and such person shall, as part of his duties, be
responsible for the keeping of the relevant records and shall carry
out such other work related to the functions of the Adoption Board
as may be instructed by the Chairperson.
(8) Subject to the provisions of this Act and to any regulations
made thereunder, the Adoption Board shall regulate its own
procedure:
ADOPTION ADMINISTRATION
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Provided that any decision of the Adoption Board shall be
taken by a majority of votes; however in the case of an equality of
votes, the Chairperson shall have and exercise a determining vote.
The Secretary to the Board shall not vote.
(9) The Adoption Board shall meet as and when necessary,
provided it meets at least once every month. In the case of a written
request by the Minister or by an accredited agency, which request
shall be transmitted through the Secretary of the Board, such Board
shall meet by not later than forty eight hours following the request.
(10) The Adoption Board shall have the power to consult
professionals or other persons having relevant knowledge and
experience in the field of adoption.
(11) The members of the Adoption Board, the Secretary to such
Board and any person involved in the proceedings before the
Adoption Board shall be bound by confidentiality and shall not
disclose to any third party any information which may come to
their knowledge during the proceedings. These persons shall also
not distribute to any third party any document pertaining to the
Adoption Board or any copies thereof, unless requested or duly
authorised to do so by any court of law.
(12) The Adoption Board shall submit to the Minister an annual
report of all its activities during the preceding calendar year by not
later than the fifteenth April of each year.
4.
(1)
The functions of the Adoption Board shall include:
(a) examining Home Study Reports drawn up by a social
worker of an accredited agency;
(b) determining eligibility and suitability or otherwise of a
prospective adoptive parent;
Functions of the
Adoption Board.
Amended by:
XI.2022.11;
XXIX.2024.4.
(c) ensuring that the placement will be in the best interest
of the child to be adopted;
(d) making recommendations to the court and, or to the
central authority regarding a prospective adoptive
parent;
(e) making recommendations to accredited agencies and,
or the Minister on training programmes and
counselling sessions for prospective adoptive parents;
(f)
making recommendations to the Minister on the
parameters to be established for the organisation of
counselling sessions;
(g) making recommendations to the Minister for a more
effective implementation of Title III of Book First of the
Civil Code, the provisions of the Minor Protection
(Alternative Care) Act and the provisions of this Act and
of any regulations made thereunder;
(h) making recommendations to the Embryo Protection
Authority regarding the eligibility and suitability of
prospective parent or parents relative to adoption of an
embryo as provided in sub-article (4) of article 4 of the
Embryo Protection Act.
Cap. 16.
Cap. 602.
Cap. 524.
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ADOPTION ADMINISTRATION
(2) The Adoption Board shall have access to all documentation
deemed relevant to the adoption procedure and it shall be unlawful
for any person to hinder it in the carrying out of any of its
functions.
Recommendations
by the Adoption
Board.
5. (1) The Adoption Board shall send a copy of its decision,
containing its recommendations, by registered mail to the
prospective adoptive parent and to the accredited agency. The
prospective adoptive parent shall have the right to appeal in
accordance with article 6.
(2) Without prejudice to article 6, the Adoption Board shall
give its final recommendations to the court regarding the eligibility
and suitability or otherwise of the prospective adoptive parents.
(3) In the case of intercountry adoptions, the recommendations
of the Adoption Board shall be submitted to the central authority
for its written approval prior to proceeding with the intercountry
adoption. After the intercountry adoption has been authorised by
the foreign competent authority, a prospective adoptive parent shall
file an application to the court requesting recognition of the
intercountry adoption for all intents and purposes of the law. In
reaching its decision the court shall take into consideration any
recommendations of the Adoption Board.
Right of appeal
from decisions of
Adoption Board.
6. (1) A prospective adoptive parent may appeal from a
decision delivered by the Adoption Board, by filing an application
in front of the Board of Appeal by not later than twenty days from
the date of service of the decision by registered mail.
(2) Any recommendations made by the Adoption Board shall
not be forwarded to the court:
(a) prior to the decision of the Board of Appeal; or
(b) prior to the lapse of the twenty days referred to in
article 6 if no appeal has been filed in front of the
Board of Appeal.
PART III
CENTRAL AUTHORITY
Establishment of
the central
authority.
Amended by:
XXIX.2024.5.
Cap. 16.
7. (1) There shall be a central authority designated by the
Minister to perform and fulfil the functions, duties and
responsibilities set out by Title III of Book First of the Civil Code,
t h e H a g u e C o n v e n t i o n , t h e p r o v i si o n s o f t h i s A c t a n d a n y
regulations issued thereunder.
(2) The central authority may delegate to an accredited agency
any of its functions, duties and responsibilities which are not
regulatory and which do not involve the granting, refusal or
revocation of accreditation. The accredited agency shall be
responsible to exercise such functions, duties and, or
responsibilities in accordance with the provisions of this Act.
(3) The central authority shall keep a register, to be known as
"the Reunion and Information Register", with the contact details of
persons over the age of eighteen years who have been a party to
adoption proceedings or who are relatives by consanguinity up to
ADOPTION ADMINISTRATION
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the third degree inclusively, of a person who was a party to
adoption proceedings, and who request to be included in this
register by filling in the form approved and provided for by the
central authority. No information found in this Register shall be
given to any person without the prior written consent of the person
whose details are requested, which consent may be obtained at any
point in the proceedings.
8.
The central authority shall monitor all proceedings for an
intercountry adoption which shall only be processed upon the
approval in writing of the central authority in accordance with this
Act.
Monitoring of
inter-country
adoption.
9. (1) The central authority shall be the authority responsible
for the receipt of applications for accreditation from organisations
that apply to carry out local and, or intercountry adoptions. The
central authority shall have the power to grant, refuse or revoke
accreditation in conformity with the Hague Convention, the
provisions of this Act and any regulations made thereunder.
Receipt of
applications for
accreditation.
(2) The central authority shall be responsible to establish
criteria for the granting, refusal or revocation of accreditation.
9A. The Central Authority shall ensure that Post Adoption Reports
are drawn up and sent to the relative authorities.
PART IV
ACCREDITATION
10. (1) Any organisation may apply to the central authority for
accreditation in the form approved and provided for by such
authority, in order to be able to carry out local and, or intercountry
adoption.
The Central
Authority to ensure
that Post Adoption
Reports are drawn
up.
Added by:
XXIX.2024.6.
Application for
granting of
accreditation.
(2) The central authority may at any time during the processing
of an application, require an organisation to provide any documents
and information deemed necessary in order to ascertain whether
accreditation should be granted.
11. The central authority may accredit an organisation if it is
satisfied that the organisation:
Accreditation of an
organisation.
(a) has sufficient experience and expertise in dealing with
child and family matters; and
(b) has an adequate number of staff who are trained to
carry out local and, or intercountry adoption; and
(c) has the administrative and legal competency to carry
out the functions appertaining to adoption procedures;
and
(d) complies with the accreditation criteria specified in the
Hague Convention.
12. (1) Upon granting accreditation to an organisation the
central authority shall issue an Accreditation Certificate which
shall be valid for a period of two years from date of issue.
Accreditation
Certificate.
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ADOPTION ADMINISTRATION
(2) The certificate referred to in sub-article (1) may be renewed
by the central authority if the accredited agency applies for renewal
by not later than two months prior to the expiration of its
accreditation and renewal shall only be granted if the accredited
agency is still in compliance with articles 10 and 11. The decision
of the central authority on the renewal of the accreditation
certificate shall be served on the accredited agency, by registered
mail, within thirty days from the application for renewal.
Refusal of an
application.
13. (1) The central authority shall have the right to refuse an
application for accreditation if it deems the organisation not fit to
carry out adoption services. The refusal together with the reasons
therefor shall be served in writing, by registered mail, to the
organisation applying for accreditation within three months from
the date of application.
(2) The organisation shall have the right to request a reversal of
the decision of the central authority by filing an application in front
of the Board of Appeal within twenty days from the date of service
as specified in sub-article (1).
(3) The organisation shall have the right to re-apply to the
central authority for accreditation if the reason for the refusal no
longer subsists.
Revocation of
accreditation.
14. (1) The central authority shall have the right to revoke
accreditation of an agency at any time, if the agency:
(a) files a request in writing for revocation;
(b) ceases to comply with the criteria of eligibility for
accreditation;
(c) is no longer deemed suitable to provide adoption
services;
(d) is in breach of the conditions for accreditation in
accordance with the provisions of this Act.
(2) The central authority shall serve the agency, by registered
mail, with the written revocation together with the reasons therefor
and such revocation shall have effect from date of service.
(3) If the accreditation is revoked on any of the grounds
mentioned in sub-article (1)(b), (c) or (d), the agency shall have the
right to file an application in front of the Board of Appeal,
requesting a reversal of the decision of the central authority, within
twenty days of the service specified in sub-article (2).
(4) If an appeal is filed in accordance with sub-article (3), the
agency may request the Board of Appeal to suspend the decision of
the central authority until the final decision.
(5) If the accreditation of an agency is revoked, the
Accreditation Certificate and all the records and documentation
relating to the pre-adoption and adoption services shall become the
property of the central authority. The central authority may appoint
another accredited agency to have custody of such records and
documentation, continue to monitor the prospective adoptive
parents, and to carry out all the functions that belonged to the
[ CAP. 495.
ADOPTION ADMINISTRATION
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agency whose accreditation was revoked, according to article 22.
15. (1) During the month of January of every year the central
authority shall publish in the Gazette:
Publication in the
Gazette.
(a) a list of accredited agencies specifying their full name,
registered address and other relevant contact details;
(b) a list of agencies whose accreditation has been
revoked throughout the previous calendar year; and
(c) any changes in the
accreditation or renewal.
conditions
required
for
(2) The lists in sub-article (1)(a) and (b) shall also be
communicated by the central authority to the Permanent Bureau of
the Hague Conference.
PART V
BOARD OF APPEAL
16. (1) There shall be a Board of Appeal consisting of a
Chairperson and two other members. One of these shall be a person
Establishment of
Board of Appeal.
who has held a warrant to practise the profession of advocate for
at least seven years.
(2) The members of the Board of Appeal shall be appointed by
the Minister for a period of three years, and may be removed from
office by the Minister on grounds of proved inability to perform the
functions of their office or of proved misbehaviour.
(3) A member of the Board of Appeal may be challenged or
may abstain for any of the reasons for which a judge may be
challenged or may abstain in accordance with article 734 of the
Code of Organization and Civil Procedure. In any such case, the
Minister shall appoint another person to sit as a member on the
Board of Appeal in substitution of the said member for the duration
of the appeal in question.
Cap. 12.
(4) A person shall not be qualified to be appointed or continue
to hold office as a member of the Board of Appeal if that person is
a Judge, a Magistrate, a member of the House or of a Local
Council, or a candidate for election to the House or a Local
Council.
17. (1) The Board of Appeal shall be competent to:
(a) review decisions of the Adoption Board upon an
appeal filed in accordance with article 6;
(b) review decisions of the central authority upon an
appeal filed in accordance with articles 13 and 14;
(c) hear and decide an appeal filed in accordance with the
provisions of this Act and any regulations made
thereunder;
(d) undertake any other function as the Minister may
designate by regulations made by virtue of this Act.
(2)
In order to carry out its duties, the Board of Appeal shall
Powers of the
Board of Appeal.
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ADOPTION ADMINISTRATION
have access to all documentation pertaining to the adoption
procedure and it shall be unlawful for any person to hinder it in the
carrying out of its functions.
Cap. 12.
(3) The Board of Appeal shall have such powers as are, by the
Code of Organization and Civil Procedure, vested in the Civil
Court, First Hall.
(4) Without prejudice to sub-article (3), in the exercise of its
functions, the Board of Appeal may summon any person to give
evidence and produce the necessary documentation. For this
purpose the Chairperson shall have the power to administer the
oath.
(5) The Board of Appeal shall decide an application for appeal
by not later than four months from the date of the filing of the
application, unless in the opinion of the Chairperson a longer
period is necessary for a valid reason which must be stated and
registered in the proceedings of the case.
(6) A decision by the Adoption Board or by the central
authority shall have immediate effect unless the Board of Appeal
decides to suspend it until it has given the final judgement.
(7) The decision of the Board of Appeal, together with the
reasons therefor, shall be sent by registered mail to the applicants,
the Adoption Board and the central authority, by not later than three
working days from the date of such decision.
Cap. 12.
(8) In cases falling under the jurisdiction of the Board of
Appeal in accordance with sub-article (1), there shall be a right of
appe al on a point of l aw. Su ch appeal shall b e made by an
application to the Court of Appeal constituted in accordance with
article 41(9) of the Code of Organization and Civil Procedure. Such
application shall be filed by not later than twenty days from the
date of the decision of the Board of Appeal.
PART VI
ACCREDITED AGENCIES
Arrangements for
adoption.
18. An organisation shall be deemed to make arrangements for
the adoption of a child if it enters into any agreement or makes any
arrangements for facilitating the adoption of a child.
Policies and
procedures.
19. An accredited agency shall develop, update and execute
written policies, procedures and manuals which shall be subject to
a p p r o v a l b y t h e c e n t r a l a u t h o r i t y. T h e s e w r i t t e n p o l i c i e s ,
procedures and manuals shall include training and assessment
procedures, and matching of prospective adoptive parents with
children, in cases of local adoptions.
Information to
prospective
adoptive parents.
20. Before commencing the adoption process, the accredited
agency shall:
(a) inform prospective adoptive parents of its objectives,
powers and activities;
(b) make available a copy of its Accreditation Certificate
to prospective adoptive parents as proof of its
accreditation;
ADOPTION ADMINISTRATION
[ CAP. 495.
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(c) inform prospective adoptive parents of any legal
requirements;
(d) explain the written agreement that prospective
adoptive parents must sign, with regard to the services
that will be provided to them and the applicable fees.
21. An accredited agency shall maintain one or more registers
listing:
Keeping of
registers.
(a) the prospective adoptive parents registered with it; and
(b) the adoptions carried out by it, indicating the children
who have been adopted by persons previously
registered with it as prospective adoptive parents.
22. (1) An accredited agency shall be responsible to:
(a) provide a service according to the standards, criteria
and procedures established by the central authority;
(b) receive and process applications from persons who
would like to adopt a child;
Functions of
accredited
agencies.
Amended by:
XXIX.2024.7.
(c) provide training to prospective adoptive parents;
(d) draw up a report, to be known as the "Home Study
Report", on the situation of the prospective adoptive
parent, including any recommendations on whether
such prospective adoptive parent should be allowed to
adopt and the reasons therefor;
(e) assess the suitability or otherwise of prospective
adoptive parents;
(f)
ensure that any adoption placement will be in the best
interest of the person to be adopted;
(g) Repealed by XXIX.2024.7.
(h) draw up reports, to be known as "Post Adoption
Reports" on the situation of the adoptive parents and
the adopted child in accordance with the provisions of
this Act;
(i)
grant the central authority access to any records and
documentation dealing with the adoption procedure of
any child and to any reports on an adoptive parent or a
prospective adoptive parent, including the Home Study
Reports and Post Adoption Reports;
(j)
grant the central authority access to its financial
accounts and audits;
(k) report to the central authority at the end of every
calendar year on the performance of its functions;
(l)
comply with any other duties and obligations as
specified by the central authority or as a result of
regular monitoring of the operations of the accredited
agency by the central authority;
(m) act in accordance with Title III of Book First of the
Civil Code, the Hague Convention and the provisions
Cap.16.
10
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ADOPTION ADMINISTRATION
of this Act.
(2) In order to draw up the Home Study Report and the Post
Adoption Reports, the social worker authorised by the accredited
agency shall carry out the necessary home visits. These visits may
be unannounced and the prospective adoptive parents shall not
refuse entry, shall co-operate with the social worker and shall
provide correct information to the best of their knowledge.
(3) The Home Study Report shall be forwarded to the Adoption
Board for it to issue the final recommendation to the court. This
report shall be valid for a period of two years, following which a
new Home Study Report shall be required.
Post Adoption
Reports.
Amended by:
XXIX.2024.8.
(4)
Repealed by XXIX.2024.7.
(5)
Repealed by XXIX.2024.7.
23. (1) All adoptions shall be subject to Post Adoption
Reports and the adoptive parents shall co-operate with the social
worker in order for the report to be drawn up.
(2) In the case of a local adoption, the Post Adoption Reports shall
be drawn up every year for a period of not less than three (3) years or
until the adopted person turns eighteen (18) years, whichever date is
the earliest.
(3) In the case of an intercountry adoption, the Post Adoption
Reports shall be drawn up for a specified period in accordance with
the requirements of the country of origin and forwarded to the
relevant authority in the country of origin, according to its
requirements.
Matching.
Subsituted by:
XXIX.2024.9.
24.
In the case of local adoptions, the Directorate of Alternative
Care (Children and Youth), as the national agency, shall match
prospective adoptive parents with minors given up for adoption, where
such matching is in the minor’s best interests:
Provided that the Adoption Service within the Directorate of
Alternative Care (Children and Youth) shall keep a list of all
prospective adoptive parents approved by the Adoption Board, who
express their interest to be included in the list for local adoptions:
Temporary
placement in
alternative care.
Added by:
XXIX.2024.10.
Provided further that approved prospective adoptive parents
may contact the Adoption Service within the Directorate of
Alternative Care (Children and Youth) directly or may be referred by
any accredited adoption agency in Malta to be placed on the said list.
24A. Upon being notified by the Director (Child Protection) that
a parent intends to relinquish the care of a minor and give the minor up
for adoption, the Directorate of Alternative Care (Children and Youth)
may place the minor in alternative care as a temporary placement,
which in the case of a newborn, shall be for a period of not less than
eight (8) weeks.
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24B. (1)
Where the parents retain the view that the minor is to
be given up for adoption, the Director (Child Protection) shall
immediately inform the Adoption Service within the Directorate of
Alternative Care (Children and Youth) who shall immediately identify
all registered and approved prospective adoptive parents whose profile
and preferences match those of the minor.
(2)
The Adoption Service within the Directorate for Alternative
Care (Children and Youth) shall, after identifying all registered and
approved prospective adoptive parents whose profile matches that of
the minor, convene a meeting with at least three (3) professionals
coming from different fields that shall include:
(a)
a family therapist;
(b)
a psychologist;
(c)
worker’; or
a social worker in the grade of ‘senior social
(d)
a person who is a professional who works within
the Foundation for Social Welfare Services, with at least three
(3) years professional experience in working with children in
alternative care, and who does not work with the Adoption
Service within the Directorate for Alternative Care (Children
and Youth) or with any accredited adoption agency.
(3)
When the most suitable prospective adoptive parents are
identified, the Directorate of Alternative Care (Children and Youth)
shall inform the identified prospective adoptive parents of the match.
(4)
Where the prospective adoptive parents identified refuse the
match, the Directorate of Alternative Care (Children and Youth) shall
contact the next identified prospective adoptive parents.
(5)
Where none of the identified prospective adoptive parents
identified accept the match, the Director Alternative Care (Children
and Youth) shall notify the Adoption Service within the Directorate of
Alternative Care (Children and Youth) and the said matching process
shall start from the beginning.
(6)
When the identified prospective adoptive parents accept the
match, the transition of the minor with the prospective adoptive
parents shall commence according to the plan drawn up by the
professionals.
(7)
Each matching phase meeting shall take place within eight
(8) working days from the notification of the concerned Director, and
the whole process shall not take longer than thirty (30) working days
to be concluded.
11
Identifying and
matching with
approved
prospective
adoptive parents.
Added by:
XXIX.2024.10.
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Supervision by the
Central Authority
during matching.
Added by:
XXIX.2024.10.
ADOPTION ADMINISTRATION
24C. (1)
The process provided in article 24B shall be observed
by the Central Authority at all times, who shall nominate two (2)
professionals to observe the said process.
(2)
The Central Authority may halt the process at any stage,
upon reasonable suspect that the best interest of the minor is not being
adhered to.
Part VIA
Adoptive Parents
Rights and
responsibilities of
the adoptive
parents.
Added by:
XXIX.2024.10.
24D. Without prejudice to the rights and responsibilities of
adoptive parents under this Act or any other law, adoptive parents
shall:
(a)
cooperate fully with the key social worker
drawing up Post Adoption Reports;
(b)
in cases of open adoption, facilitate contact as
specified in the agreement of open adoption;
(c)
support;
receive adequate professional assistance and
(d)
provide information, as known by them, to the
adopted person about their life story, in a manner that he may
understand, according to the age and maturity of the adopted
person;
(e)
apply any recommendations and guidelines given
by professionals in the best interest of the adopted person;
(f)
participate and cooperate during proceedings to
draw up the agreement of open adoption.
PART VII
OFFENCES
Hindrance.
25. Any person who, in any way hinders or obstructs the
Adoption Board, the Board of Appeal, the central authority or an
accredited agency in the performance of any of their functions shall
be guilty of an offence and shall on conviction be liable to
imprisonment for a term of not less than six months and 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 such
fine and imprisonment.
Adoption by
unauthorised
persons or
organisations.
26. (1) Any person or organisation that makes arrangements
for the adoption of a child without the authorisation of the central
authority shall be guilty of an offence and shall on conviction be
liable to imprisonment for a term of not less than six months and
not exceeding one year or to a fine (multa) of not less than one
ADOPTION ADMINISTRATION
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13
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.
(2) Any conviction under sub-article (1) shall be notified by the
Registrar of Courts to the court that made the adoption decree, and
such court shall take any measures it considers expedient in the
best interests of the child, including the revocation of the adoption
decree if circumstances so warrant.
26A. (1) The Central Authority shall be responsible to receive
reports about private adoptions and forward them to the Executive
Police for investigation.
Reports on private
adoptions.
Added by:
XXIX.2024.11.
(2) All accredited agencies shall be bound to report any private
adoptions which come to their attention to the Central Authority.
27. Without prejudice to article 25 or any specific penalty
provided for under any other law, any person who acts in breach of
any provision of this Act or any regulations made thereunder, shall
be guilty of an offence and shall, on conviction, be liable to a fine
(multa) of not less than two hundred and thirty two euro and ninety
three cents (232.93) but not more than two thousand and three
hundred and twenty-nine euro and thirty seven cents (2,329.37).
Other offences.
PART VIII
REGULATIONS
28.
The Minister may make regulations:
Regulations.
(a) for the accreditation, monitoring and control of refusal
or revocation of such accreditation;
(b) to establish procedures to be followed by the Adoption
Board and, or the central authority;
(c) to lay down the rules on the powers of and the
procedures to be followed by the Board of Appeal;
(d) for any incidental and supplementary matter which the
Minister considers expedient to provide for, for the
effective implementation of the provisions of this Act;
(e) to establish penalties for breach of the provisions of
this Act.
PART IX *
APPLICABILITY
29. †
The provision of this Act shall be applicable to adoption
procedures initiated following the entry into force of this Act.
*this Part was originally numbered Part X.
†this article was originally numbered article 45.
Also note that the provisions of this article also apply to the consequential
amendments made by this Act to articles 113, 114, 115, 116, 117, 119, 120, 121, 122,
124, 127A, 128, 128A, 128B, 128C, 128D, 128E, 128F, 129 and 130 of the Civil Code
(Cap. 16).
Applicability.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.