Cap. 602 Art. 24Decree allowing the adoption of a minor. 

(1) In accordance with the provisions of this article and upon an application by the Director Alternative Care (Children and

Youths) or any other person having an interest, the Court may issue a decree ordering that a minor subject to a protection order may be freed up for adoption and it may do so even without the consent of his parents:

Provided that notwithstanding any other provision of any other law, an adoption following an order in accordance with this article may be open and without age restrictions.

(2) Together with the relevant particulars identifying the minor and, if applicable, the parents of the minor, the application mentioned in the foregoing sub-article shall also include the reasons for the request and, if the Director Alternative Care (Children and Youths) has identified them, the particulars identifying the prospective adoptive parents:

Provided that if the alternative carers are amongst the persons identified as prospective adoptive parents, the Directorate of Alternative Care (Children and Youths) shall, if this is in accordance with the best interest of the minor, give preference to such carers.

(3) Together with the application, the Director Alternative Care (Children and Youths) shall file an updated care plan providing recommendations for the continued care of the minor either with the prospective adoptive parents or with alternative carers until other carers are identified according to the care plan and the transition into their care when these have been identified, in terms of the provisions of this Act or of any other law regulating adoption.

(4) The application mentioned in this article shall be notified to the parent or parents of the minor depending on the circumstances of the case who shall have twenty days from such notification to file their reply:

Provided that when the Court has three negative certificates of service in accordance with article 187 and 188 of the Code of

Organization and Civil Procedure and, or it is not possible for the parent or parents, depending on the circumstances of the case, to be traced, located or found or are incapable of being parties to the proceedings, the Court shall proceed to appoint curators in accordance with article 930 of the Code of Organization and Civil Procedure to represent the interests of the parent or parents of the minor depending on the circumstances of the case. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing.

(5) Following the filing of the reply mentioned in sub-article (4) or the failure to file such reply within the term therein given, the parties shall be notified with the date of the hearing of the application.

(6) Before issuing a decree ordering that the minor under alternative care be freed up for adoption, the Court shall:

(a) hear and ascertain the views and wishes of the minor if he is deemed to have sufficient understanding;

(b) hear every person entrusted with any form of care or custody of the minor to be freed up for adoption and professionals following and supporting such minor;

(c) hear the parent or parents of the minor depending on the circumstances of the case;

(d) hear the Children’s Advocate, the key social worker and any other person it deems relevant:

Provided that, unless there are good reasons that do not allow for such, the same Children’s Advocate that had been appointed to represent the minor during the proceedings for the authorisation of the protection order, should represent the minor before the Court during the hearing appointed by the Court in terms of sub-article (4);

(e) consider whether the freeing up for adoption is in the best interests of the minor;

(f) consider whether there are reasonable prospects for the parents to become capable of taking care of the minor in the foreseeable future; and

(g) consider the thoughts of the parent or parents depending on the circumstances of the case on whether the minor should be freed up for adoption:

Provided that the fact that the consent of the parents is lacking shall not, by itself, constitute an obstacle for the minor to be given up for adoption.

(7) When the Court issues a decree ordering that a minor shall be given up for adoption it shall give its reasons for such a decision.

(8) In every case in which the Director Alternative Care

(Children and Youths) identifies the prospective adoptive parents in its application the Court shall refer the decree, together with the application, to that court having the power to issue decrees for adoption and for such purposes the provisions on adoption in the Civil Code shall apply mutatis and without prejudice to the provisions of this Act. mutandis

(9) Any aggrieved party may file an appeal in accordance with article 66 of this Act.