Profiles of children up for adoption cannot be shared because of privacy issues, the Foundation for Social Welfare Services CEO Alfred Grixti, told The Malta Independent on Sunday.

“As an entity entrusted by the State with the responsibility of being the guardians of these children, we cannot share their profiles because of GDPR issues,” Grixti said. Nothing can stop these children, when they became adults, from suing the State if their personal information is shared without their consent, he added.

Grixti, together with the director for Alternative Care, Remenda Grech, were speaking to this newspaper after last week, Josette Sultana, a founder of Adoption Opportunities, said that one of the reasons why the country has a very low rate of adoptions of Maltese children is because there is a lack of sharing of their profiles.

Only 27 Maltese children have been adopted by Maltese families in the last decade.

Grixti began by clarifying that adoptions are no longer the responsibility of Aġenzija Appoġġ, as indicated by Sultana. This is now the remit of the Directorate for Alternative Care (Children and Youths) which was set up in July 2020 through the introduction of the Minor Protection (Alternative Care) Act. The Directorate is now the responsible entity for minors in alternative care, foster care and adoptions, among others.

The Adoption Service within the Directorate for Alternative Care (Children and Youth) is made up of qualified social workers and other professionals who offer their assistance and expertise to interested parties willing to embark on their journey towards adoption; from the moment that an individual or family unit shows interest to become a prospective adoptive parent/s to the time after an adoption is finalised and the adoptee is successfully integrated within society and their new family and their interests are safeguarded.

The Directorate proactively promotes adoptions by offering numerous courses, both in Maltese and English, every year. Apart from such courses, the Directorate remains at the disposal of those interested or who are undergoing the adoption process, to assist all prospective adoptive parents. Thanks to the vast experience and expertise of its professionals the Directorate will always strive to ensure that the adoption process is not only swift but also a positive experience overall, Grixti said.

When asked about the sharing of Maltese children profiles that are freed for adoption, Grixti said that as an entity entrusted by the State with the responsibility of being the children’s guardians, they are bound to ensure that all adoption processes occur with diligence.

For her part, Grech explained that there are three instances when adoption is possible in Malta. First when a parent decides to give up a child for adoption. She explained that in Malta this is normally very rare especially since family ties are still strong and in such instances the extended family will help out the parent in distress. She said that another instance where adoption occurs is through marriage, when one party marries a parent and they decide that the child could be adopted.

The third instance is through the new law, the Minors Protection (Alternative Care) Act, Chap 602 of the Laws of Malta which came into force on 1 July 2020. Article 54 of this Act gives the possibility for children in alternative care to be freed up for adoption. However, in these circumstances, the absolute majority of cases occur for children who are already being cared for by foster carers and thus their carers will be able to adopt them after they have been in their care for five years. At present there is no case of children living in a residential home for children who are legally freed up for adoption. “Thus, there are no profiles to share,” Grech insisted.

She added that even if this becomes a possibility, best practice dictates that family therapists and experienced professionals should be involved in the matching process and that children are matched with the best possible family available. “Adoption is all about finding the best suitable family for the child,” she said.

Grech said that Malta ratified the Hague Convention to assure that when there are cases of adoptions, decisions taken about their future are taken in the best interest of the child.  The Hague Convention is an international convention which regulates international adoption, with the specific aim of protecting those involved from child-trafficking and to safeguard the adoption process from corruption, abuses and exploitation which sometimes accompanies international adoption.

Grixti clarified that these are real dangers due to the fact that  worldwide there is a greater demand for adoption than there is supply and also because countries who do have a supply first go for adoption within their own borders. 

The Directorate is always actively encouraging its staff to broaden their knowledge and expertise by attending numerous conferences and courses. The DAC adoption service is also investing in post-adoption support and indeed various families are approaching them for such support.

Grech said that the Adoption Service, within the Directorate for Alternative Care, has a very low staff turnover rate and, in fact, most social workers within the service have been in the same service for a number of years, which results in more specialised professionals with ample experience in the sector. No changes were in fact registered in the past three years for social workers working in the Adoption Service with families and one reached the pension age and retired.

The Directorate for Alternative Care also rebutted claims that families who have adopted Maltese children had their car or front door burnt in a clear sign of retribution. In his counter argument, Grixti said that this was an isolated incident which had happened several years ago and was not related to adoption.

Grech explained how minors,  who turn 18 while in their care, still continue to be supported by the Directorate’s services and residences where such young people may continue to live, even after reaching adulthood. Young persons continue to be supported in many aspects of life, with the aim to eventually be able to lead independent lives. Such young people receive support in many ways educational wise such as being taught life skills and being supported to find employment, among others.

The Directorate ensures that the best interest of minors under its care is always their primary consideration, whether they are residing in a foster placement, in a residential home, in the process of being adopted or even after they reach adulthood and procedures are in place to always ensure this, Grixti said.