Cap. 16 Art. 280When the person who gave birth to the child is married.

(1) Where the person who gave birth to the child is married, the name of the other spouse shall be entered in the act as that of the parent, notwithstanding any declaration to the contrary, saving any correction which may subsequently be made upon a judgment in regard to the filiation of the child.

(2) The provisions of this article shall not apply -

(a) if the other spouse was, during the whole period of the three hundred days next preceding the day of the birth of the child, absent from Malta, and such absence is attested in writing and on oath before the retired Judge or retired Magistrate or retired advocate of the Court of Revision of Notarial Acts by at least two trustworthy persons;

(b) if one of the spouses had, during the whole of the said period, lived legally separated from the other spouse; or

(c) if before the notice of the birth is given the spouses together declare in writing and on oath before the retired Judge or retired Magistrate or retired advocate of the Court of Revision of Notarial Acts that during the whole period of the three hundred days next preceding the day of the birth of the child they did not have a sexual relationship together.