Cap. 16 Art. 73Time within which to bring action for disavowal of child.

Where it is competent for the spouses to bring an action to disown a child, they must bring such action:

(a) within 6 months from the day of birth, if the spouse was then in Malta;

(b) within 6 months of his return to Malta, if the spouse was absent at the time of the birth;

(c) within 6 months of the discovery of the fraud, if the birth was concealed: Provided that, without prejudice to the provisions of article 70(4), the Family Court may, upon an application of any one of the spouses and, if possible, after having heard all the parties interested, and after having considered the rights of the applicant and of the child, at any time authorise the applicant to institute an action to disown a child born in wedlock to the other spouse: Provided further that where an action to disown a child is instituted by one of the spouses after the lapse of the periods stipulated in paragraphs (a), (b) or (c) in accordance with the first proviso to this article, any judgment whereby the child is disowned shall not have the effect of changing the surname of the child or of any other person who took his surname from the child unless the court, upon the demand of any of the parties made either in the sworn application whereby the action is commenced or in a separate application made during the action, provides otherwise.