The Malta Independent 27 August 2026, Thursday
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Adoption Amendments approved

Malta Independent Friday, 11 January 2008, 00:00 Last update: about 15 years ago

Labour’s main spokesperson for rural development, agriculture and fisheries, Noel Farrugia initiated Wednesday’s House of Representatives debate on the continuation of the amendments to the adoption laws.

Mr Farrugia remarked that the Malta Labour Party believes in an inclusive society. While happiness should be the motivating factor in life for all families, Mr Farrugia said that it is also necessary to create a “family feel good factor”. Mr Farrugia called for an explanation from Family and Social Solidarity Minister Dolores Cristina on how the Family Department will be strengthened. He concluded by reminding the House that, notwithstanding how many laws are promulgated, the humane element has to prevail.

Opposition justice spokesperson Anglu Farrugia criticised the fact that the discretion of the court assessing an appeal application will be substantially reduced. The amendments being proposed lay out that the court will have to consider every recommendation of the Adoption Board that is treated like a decision.

Dr Farrugia said that although he has been researching the subject in question for quite some time, he had failed to notice obvious failures on how our courts are approaching the issue of adoption. The court’s power of appointing a curator in the interests of the child will be eradicated.

Dr Farrugia also criticised the fact that the time limit within which to file an appeal application in adoption proceedings, is relatively low compared to other appeals. While many time limits within which to file appeals are perhaps 15 to 20 days, in this case, the appeal application for adoption is limited to eight working days.

Dr Farrugia concluded his contribution to the debate saying that although he fully agrees that the laws regulating adoptions should be simplified, he disagrees with how the bill has been drafted.

Next to speak, was Nationalist MP Joseph Cassar. Dr Cassar said that the stages involved in assessing an adoption application are very important. In these stages, Dr Cassar mentioned that the psychological, cognitive and psycho-social situation of the persons adopting are assessed. Important factors, such as the difference of age between the persons adopting and the adopted, and why persons seeking to adopt who already have children of their own, want to adopt, are assessed.

With regard to the involvement of Agenzija Appogg in the adoption process, Dr Cassar noted that the law does not prohibit persons from forming and constituting an agency, as long as such agencies are accredited. Dr Cassar then went on to explain the Committee stage that follows the second reading. In such a stage, few members from both sides of the House participate in analysing in detail the Bill being proposed. Dr Cassar said that ideas from the general public may also be considered at this stage.

Dr Cassar thus said that he expected that, at least, there should be an agreement between the two sides of the House at the beginning of such a crucial debate. The laws of adoption, Dr Cassar concluded, seek to protect the interests of children who do not have a voice in such pivotal matters.

Nationalist MP Michael Axiaq said that we have come a long way in developing the adoption system. Dr Axiaq said that the opposition is “ranting and raving over minor matters” and that the most important issues are not being tackled. In reference to the way these issues were dealt with in Greco Roman times, Dr Axiaq said that we should not lose sight of how far we have come.

In conclusion, Mrs Cristina said that the opposition failed to criticise important issues, such as the most basic concepts of adoption, but mainly criticised technical issues, such as points of law. The best interests of the child should have been the focal point of this debate, Mrs Cristina said. Commenting upon the remark made by Labour spokesperson for Social Solidarity, Marie Louise Coleiro Preca, that there should have been more consultations, Minister Cristina said that such consultations have been carried out. As regards care orders, Mrs Cristina said that there is a lot of misinformation about care orders. She noted that care orders are only issued as a last resort.

Minister Cristina remarked that the Nationalist government has always supported agencies such as Agenzija Appogg, Sedqa, and Agenzija Sapport. Minister Cristina thanked all those who took part in the debate.

The Second Reading was approved and the Bill was sent to Committee Stage.

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