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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 113Interpretation.

Title III

In forceOfficial text

(1) For the purposes of this Title and of any regulations made thereunder a person shall be deemed to make or participate in arrangements for the adoption of a person if he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of a person by any other person.

(2) In this Code and in any other law, unless the context otherwise requires -

(a) any reference to a person or persons related to another person in any line or degree shall, in respect of an adopter or an adopted person or in tracing the relationship through an adopter or an adopted person, be construed as a reference to the person or persons who would be so related to him if the adopted person were the child of the adopter born to him or her in lawful wedlock and were not the child of any other person, and without prejudice to the generality of this provision, any reference to the name, names or surname of the parent or parents of an adopted person shall be construed as a reference to the name, names or surname of the adoptive parent or parents;

(b) "adoption" means an adoption effected under this Code and in accordance with the provisions of the Adoption Administration Act and, subject to such conditions and other provisions, and with effect from such date, if any, as may be contained in an order made by the Minister under this sub-article, includes an intercountry adoption; and grammatical variations thereof or cognate expressions shall be construed accordingly;

(c) "Adoption Board" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act;

(d) "children conceived and born out of wedlock" means children so conceived and so born or such children in whose favour the presumption referred to in articles 101 to 112 of this Code does not apply, and who have not in either case been adopted;

(e) "family mediator" means a mediator as specified in the Civil Court (Family Section), the Civil Court (General Jurisdiction) and the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) Regulations;

(f) "foster carer" shall have the same meaning as assigned to it in article 2 of the Minor Protection (Alternative Care) Act;

(g) "intercountry adoption" shall have the meaning assigned to it by article 2 of the Adoption Administration Act;

(h) "social worker" shall have the meaning assigned to it by article 2 of the Social Work Profession Act;

(i) "Adoption Service within the Directorate for Alternative Care (Children and Youth)" shall have the same meaning as assigned to it in article 2 of the Adoption Administration Act.

(3) For the purposes of this Title, unless the context otherwise requires:

(a) "accredited agency" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act;

(b) "Board of Appeal" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act;

(c) "central authority" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act;

(d) "child" means a person under eighteen years of age;

(e) "country of origin" in respect of intercountry adoption shall mean the country from which a child is adopted;

(f) "Hague Convention" means the Convention on Protection of Children and Co-Operation In Respect of Intercountry Adoption;

(g) "open adoption" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act.

Amendment history
  • Amended by XXVIII.2024.3