A Legal and Personal Journey to Parenthood
Adoption is far more than a legal procedure: it is a life-changing process that creates a permanent parent-child relationship between individuals who are not biologically related. Once formalised by a court, the adoptive parents take on full legal responsibility for the child, and all parental rights of the biological parents are extinguished.
Malta’s adoption system is governed by several key laws, including the Adoption Administration Act (Cap. 495), the Civil Code (Cap. 16), and the Minor Protection (Alternative Care) Act (Cap. 602). These provide the legal framework for both local and intercountry adoptions, each with distinct requirements, safeguards, and procedures. Recent legislative amendments introduced in 2024 have enhanced protections for children, introduced new standards for open adoption, and clarified the roles of the agencies and professionals involved.
Adoption is never a first resort. It is pursued only when all other options—such as fostering—are found to be unsuitable. This ensures that children are placed in the most familiar and stable environment possible. In exceptional cases, the Court may approve an adoption without the consent of the biological parents, provided it is in the child’s best interests and supported by a robust care plan.
Prospective adoptive parents in Malta must meet legal criteria, including age requirements and suitability assessments. Adoption is open to married couples, single individuals, and cohabiting partners under certain conditions. All applicants must undergo training and approval through accredited agencies. Notably, foster carers may be given priority when a child they have cared for becomes eligible for adoption.
International adoptions follow a highly regulated process governed by the 1993 Hague Convention on Intercountry Adoption, which Malta acceded to in 2005. This Convention ensures transparency and cooperation between countries, protecting children from illegal or unethical practices such as trafficking or improper placements. Before proceeding with an intercountry adoption, all domestic options must first be explored and ruled out.
Open adoption is a growing concept in Maltese law. Under the latest amendments, it allows for the possibility of limited, supervised contact between the child and their birth family, when this is deemed to support the child’s well-being and identity. These arrangements are carefully reviewed by professionals and must be approved by the Court. Importantly, adoption does not end at the point of court approval. Post-adoption support and monitoring are vital, especially in the early years of adjustment. Maltese law requires follow-up reporting to ensure the child’s well-being in both local and international cases. In certain circumstances, adoptive parents may also be eligible for reimbursement of expenses incurred during the adoption process, particularly in cases involving intercountry adoption.
Whether you are looking to adopt a child locally, from abroad, or through a family connection, adoption is a significant legal step with lasting emotional and practical consequences. It is essential to approach it with the right legal support and a clear understanding of the process.