The Malta Independent 26 August 2026, Wednesday
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Parliament : Ensuring The best interests of the child in adoption

Malta Independent Thursday, 13 December 2007, 00:00 Last update: about 20 years ago

Minister for Family and Social Solidarity Dolores Cristina initiated yesterday’s parliamentary debate on the continuation of the amendments to the Social Security Act. She said that there is the need of an overhaul in the laws regulating social security and said that experts are required to focus on such laws. Ms Cristina said that a working group is already planning an overhaul.

Opposition spokesman on social policy Karl Chircop said a roadmap which will help all those working within the social security field in their workings should be implemented. Dr Chircop called for a simplification of the social security laws.

For instance, Dr Chircop said, there needs to be a classification of all the social benefits and the thresholds for each benefit should be explained. Dr Chircop said that a roadmap on social benefits should be drawn up within six months. Ms Cristina agreed that a roadmap has to be drawn and implemented. However, Ms Cristina concluded that it is unfortunate that a backlog is created when people file frivolous cases.

The Adoption Administra-tion Bill was the next item on the agenda. Minister Cristina piloted the debate. She said that the Bill will make consequential amendments to the provisions of the Civil Code relating to adoption.

The family, Ms Cristina said, is one of the main pillars of our society.

Ms Cristina said that at present adoption is regulated by Articles 113 to 130 of the Civil Code and by Legal Notice 398 of 2004 entitled Overseas Adoption (Definition) Order. The latter incorporates into our law the Convention on the protection of children and cooperation in respect of intercountry adoption which Malta ratified in October 2004.

In 1992, Ms Cristina said, the Nationalist government introduced the adoption and fostering unit together with an adoption and fostering panel. However, the entities are not yet recognised by law.

Ms Cristina summarised the historical overview of adoption, mentioning, in particular, adoption in Massachusettes, USA in the year 1851 and the displacement of children in World War Two.

Along the years the concept of adoption has evolved, Ms Cristina remarked. Nowadays children are the focus of the concept of adoption

Ms Cristina said that a distinction must be made between fostering and adoption. In foster care, the placement of children with a family is on a temporary basis. On the other hand, in adoption, the adopted become the children of the people who have adopted them on a permanent basis and thus they are entitled to all the rights as any other child would have.

It is worthwhile mentioning, Ms Cristina said, that in the last budget, adoption leave has been extended from five weeks to 14 weeks.

The Civil Code provides for the formalities required for people who may adopt.

For instance, a person can adopt if he/she is over 30 years but has not reached the age of 60 and is at least 21 years older than the person to be adopted.

The amendments being proposed, Ms Cristina said, will eventually establish the Adoption Board, the Board of Appeal and the central authority and will provide for duties and obligations of accredited agencies.

Ms Cristina remains in possession.

Parliament will stop for the Christmas recess and has been adjourned for Monday 7 January.

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