A public consultation has been concluded highlighting certain aspects which help to determine what laws need to improve when it comes to adoption, especially from the children’s point of view, Ministry for Social Justice and Solidarity, the Family and Children's Rights Michael Falzon said in a press briefing.

“We are seeing how we can improve rights for children. We want to give more in terms of child protection,” Falzon said.

The Minister highlighted that there are around 350 children who are living in out-of-home care.

“I believe that it goes more than simply providing money to people. There are financial issues, yes, but it also requires a bit of courage as well as a culture change. They do not happen after just one day,” he noted.  

Legal Consultant Daniela Azzopardi Bonanno spoke about the public consultation that took place.

“The minors should know where they come, who the parents are, and so forth. We heard children and heeded what they said in the context of adoption,” she said.

“The feedback showed certain aspects that can be improved upon in the sense that we give rights and obligations to biological parents, adoptive parents, children and professionals.”

She also highlighted some of the main points that emerged from the public consultation.

“One of the points highlighted is the need to take note of the biological profile of the biological parents, so that children will know their own medical identity even when adopted,” she said.  

Another suggestion was that children would have access to biological parents, even extended family.

Azzopardi Bonanno also noted that some pointed out that irrespective if the minor would or would not like to have contact with biological parents, both sets of parents should have access to each other.

Regarding the surname, it was pointed out that there was conflicting feedback, as some said it should be the choice of the minors, but others remarked that it wouldn’t be positive in certain situations.

In case of prospective adoptive persons from abroad, some of the requisites were that they should have been living in Malta for 2 years prior to adopting, they should have a stable income, to hold evidence of good conduct even from where had resided before, and knowledge of the English language.

Another recommendation was that once they adopt, the foreigners need to stay here for a number of years.

From here onwards, the Ministry said that it will conduct another consultation.

Falzon also stated that it is not simply having laws, but how one puts them into practice. “There are issues which are purely legal, but there are certain things of praxis. It is not that easy,” he noted.

“We should consult stakeholders, but we should also know where we are going with any introduction of new laws. We should move forward with the legal framework that has to be amended, in practical terms. You can have the best laws but if they are not used in practise, they are useless. We need to make sure that everyone knows the rules of this issue.”

He also noted that some of the United Nations conventions regarding the right of the child, are not reflected in Malta’s laws yet.

“The right of origin is for everyone, we need a change of attitude and of culture. We need to give permanence in the life of a child,” Minister Falzon said.