Cap. 16 Art. 118Evidence of consent.

(1) Where any parent or the person to be adopted does not attend in the proceedings on an application for an adoption decree for the purpose of giving his consent to the making of the decree, then, subject to the provisions of sub-articles (2) and (3) of this article, a document signifying his consent to the making of such a decree and his understanding of the nature and effect of such a decree shall, if the person in whose favour the decree is to be made is named in the document or (where the identity of that person is not known to the consenting party) is distinguished therein in the prescribed manner, be sufficient evidence of that consent and of his understanding the nature and effect of the decree, whether the document is executed before or after the commencement of the proceedings; and where any such document is attested as mentioned in paragraph of sub-article (2) of this article, it shall (b) be sufficient evidence as aforesaid without further proof of the signature of the person by whom it is executed.

(2) A document signifying the consent of the both parents of a person to be adopted shall not be sufficient evidence under this article unless -

(a) the person to be adopted is at least eight (8) weeks old on the date of the execution of the document; and

(b) the document is attested on that date by a Commissioner for Oaths or an advocate or a notary or, if executed outside Malta, by a person of any such class as may be prescribed.

(3) A document signifying the consent of the person to be adopted shall not be sufficient evidence under this article unless the person in whose favour the decree is to be made is named in the document.

(4) For the purposes of this article, a document purporting to be attested as mentioned in paragraph of sub-article (2) of this (b) article shall be deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved.