The header above captures our vision and priority of the National Strategy for the Adoption of Children. The whole raison d’etre of this document is to take into account all those measures that are in the best interest of the children in vulnerable situations, consequently giving them a second chance of living and be nurtured in a family, where security and permanent family relationships are the norm.
It is a fundamental right of every child to live in a stable, enabling and loving family, that will give the best possible opportunity to the child, to develop the full potential, so that over time, he or she shall realise their life’s dreams.
This is our responsibility as a caring Nation that to keep such values high on the national agenda and as the Minister responsible for social well-being it is my job to ensure that this environment is not only created, but is sustained thus the desired results. It is true that this strategy affects a relatively small number of children but nonetheless it echoes Government’s wider vision of a Just Society, which is not limited by the size of the minority group in question.
Despite the fact that this vision was originally launched more than six years ago, it remains as fresh as ever, because the call for a Just Society “Socjeta’ Gusta” was always about making a difference in the quality of life of the people. In this regard, this Ministry seeks out persons who for one reason or another find themselves in vulnerable situations and then develops the necessary policies and service mechanisms to change the situation and ensure that no one is excluded. Therefore as the realities around us change, we need to keep evolving and changing to ensure that we keep abreast of things that are relevant. The National Strategy for Adoption is one such change.
The Adoption Administration Act (2008) served to establish the Central Authority for Adoptions as mandated by the 1993 Hague Convention, as well as created the legal framework within which the adoption agencies operate. The enactment of The Minor Protection (Alternative Care) Act 2019, shall further create a path for children who are deemed to be adoptable, and who have been in foster care for a period of time and who have bonded with their foster carers, to become adopted. This bill and the Adoption Strategy, have been carefully carved to ensure the best outcome for the child.
However, this strategy is also based on other principles such as the right of every child to be heard and to be given the opportunity to express his or her opinion about the matter. This is easier said than done, especially when the child’s opinion is being asked about such a fundamental need, but it must be done. On the other hand, care and attention is being given to ensure that though the consultation process shall highlight the opinion of children, yet the process shall be managed in the most professional manner in order to protect and support the children in question.
Another sore issue is the question of the privacy of the children. The mere fact that children are up for adoption does not mean that their life story is an open book, accessible to whoever considers himself or herself party to the adoption process. Information collected shall be limited to what is necessary to complete the process and information shall be retained only if it is in the best interest of the child this being only held by parties that are bound by confidentiality.
The strategy gives further impetus to the concept of permanency in the case where children who after years in foster care, face the real probability that their natural family shall never be in a position to take them back again. We are here proposing to reduce the waiting time for permanency to kick in from 10 years to 5 years and in addition have empowered the Courts to rule in favour of adoptions, even before the statutory limit of 5 years if the Court deems that it is in the best interest of the child to do so. This concept took up many hours of intense discussions, as such measures involve the rights of many parties to the issue; however at the end of the day we were guided by the dictum of what is the best interest of the child.
Another important principle of this strategy is that of creating equality, individuality and the respect for diversity. These are aspects that children bring from the environments that they come from. I said it before and I do not mind repeating it again, that the mere fact that children are minors, it does not make them half humans or invisible. Children, especially those coming from vulnerable situations, have a right to live without discrimination irrespective of their background and status. So we shall ensure that no matter their background, colour, race, religion, ability or the lack of it, gender and other differences, the child is accorded the best possibilities to succeed in life. That is why Government granted the €10,000 assistance to families who adopt from a foreign country. We want to assist these families realise their life’s dream of being parents to a child, while giving a second chance to a child, irrespective of where he or she comes from or to which family he or she was born into. The mere fact that last year we exceeded the allocated budget for this assistance was not a cause for concern at all; but on the contrary it was received with satisfaction.
The Adoption Strategy being proposed, further acknowledges that it is dealing with a complex and sensitive, issue and I am indeed pleased to note the high degree of collaboration taking place between the stakeholders. This synergy brought us to this point, where the strategy is now open for public consultation. We look forward for more feedback from all interested quarters and hope to conclude soon, because, as correctly stated by the first commissioner for Children – Children cannot wait.
Michael Falzon is Minister for the Family, Children's Rights and Social Solidarity.