Several measures and precautions are taken to ensure that the adoption process is conducted in a transparent and adequate manner in the best interest of the child. The Social Care Standards Authority as Central Authority regulates both local and intercountry adoptions.
The Central Authority regulates Adoption through the following:
- The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention)
- The Civil Code, Chapter 16 of the Laws of Malta. (See Title III ‘Adoption’)
- The Adoption Administration Act, Chapter 495 of the Laws of Malta
- The Social Care Standards Authority Act, Chapter 582 of the Laws of Malta
- Subsidiary Legislation 582.01 (Legal Notice 445 of 2018): Social Regulatory Standards on Adoption of Children Regulations
- Subsidiary Legislation 495.03 (Legal Notice 191 of 2017): Designation of Central Authority in Adoption Regulation
Adoption Agencies and Accreditation
Under the Adoption Administration Act (Chapter 495 of the Laws of Malta), the Central Authority may delegate any of its functions, duties and responsibilities to an accredited Agency which are not regulatory in nature or procedures on the accreditation process. Such agencies provide adoption services and have direct contact with prospective adoptive parents.
Intercountry Adoption
Intercountry adoptions are regulated by the Convention of the 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption and by the respective Laws of Malta. To ensure transparency and accountability in inter-country adoptions, any agreements for adoptions must be with countries who are signatories of the said Convention. The following are fundamental notions that must be considered on inter-country adoptions:
- General Principles of the Convention include ensuring adoptions take place in the best interests of the child and with respect for his/her fundamental rights.
- According to the Subsidiarity Principle ‘an adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interest.
- Establish safeguards to prevent abduction, sale and trafficking of children for adoption.
- To prevent improper financial gain and corruption the Convention specifically states that no one shall derive improper financial or other gain from an activity related to intercountry adoption.
- Ensure authorisation of competent authorities.
- The Convention also speaks of expeditious procedures; however, it does not set and specify time limits for the actions. The term 'act expeditiously' is understood to mean 'to act as quickly as a proper consideration of the issues will allow'.
Private Adoptions and Contacts
The Adoption Administration Act, Cap 495 of the Laws of Malta, stipulates that ‘any person or organisation that makes arrangements for the adoption of a child without the authorisation of the Central Authority shall be guilty of an offence and shall on conviction be liable to imprisonment’. The Social Care Standards Authority has established internal procedures to be followed whenever cases of illicit adoptions are reported. In any process of adoption, the best interest of the Child is the focus. Explicit guidance on how to determine the best interest of the child can act as a safeguard against illicit practices such as in cases of private adoptions and independent adoptions. All forms of illicit adoptions are reported to the police when such information is reported to the Central Authority. Adoption agencies have a legal obligation to ensure that no illicit adoptions occur especially they are aware of the risks involved. Moreover, the Central Authority cannot endorse such practices as the Hague Convention does not look favourably on illicit adoptions and practices in involved.
Some Prospective Adoptive Parents opt to travel with adoption documents to sending countries without passing through the Central Authority or one of the accredited agencies. There are several risks associated with such practices including the possibility of child trafficking especially when the sending country is not a Hague signatory. Moreover, the Central Authority cannot endorse such practices as the Hague Convention does not look favourably upon such contacts and arrangements. Such practices also risk Malta's reputation as a Receiving Country. The Central Authority recommends that these Prospective Adoptive Parents inform the Central Authority of their private contact before making any travelling arrangements and give the required time for the Central Authority to check whether such contact has been accredited by his/her country to carry out intercountry adoptions.
Search of Origin
Any queries related to the search of origins by adoptees and/or adoptive parents may be addressed to [email protected]