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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 130Intercountry adoptions.

Title III

In forceOfficial text

(1) Subject to sub-article (2), where an intercountry adoption is to be treated as an adoption in accordance with the provisions of article 113 the order (however called) of the authority outside Malta whereby such adoption is effected shall have effect as if it were an adoption decree made by the court in Malta; and the provisions of this Code and of any other law shall apply accordingly with such adaptations and variations as may be appropriate in the circumstances.

(2) Sub-article (1) of this article shall apply subject to any review, revocation or annulment by a competent court or other authority of the order whereby the intercountry adoption was effected and to any determination or order in relation thereto.

(3) Without prejudice to the foregoing provisions of this article, in respect of an intercountry adoption the court shall have -

(a) the power to determine whether such intercountry adoption is to be treated as an adoption in accordance with article 113;

(b) the power to direct the appropriate entry or marking relating to the intercountry adoption to be made in the registers and acts referred to in this Title and the making of any rectification or cancellation thereof;

(c) the power to determine whether, and the extent to which, a review, revocation or annulment of such an adoption is to have effect in Malta;

(d) the power to order that an intercountry adoption shall cease to have effect as an adoption or to be valid, in Malta on the grounds that the adoption is contrary to public policy or that the authority which purported to authorize the adoption was not competent; and

(e) generally all such powers as it has in respect of an adoption under this Code, and may exercise such powers on an application for that purpose or in the exercise of its powers under this article.

Amendment history
  • Amended by IV.2008.43