New legislation to regulate adoptions was focused on safeguarding the interests of the children, Social Solidarity Minister Dolores Cristina told Parliament yesterday.
Speaking during the opening of the debate, Mrs Cristina said all children had the right to grow within a family that loved them, but circumstances did not always allow children to live with their natural family.
These children, however, should have the opportunity to live in a family environment and society had the responsibility to give the children this environment. She explained that adoptions were currently regulated by the Civil Code. In 1992, the government set up the Adoption and Fostering Unit together with an Adoption and Fostering Panel. The unit was later divided into two units and after Malta ratified the Hague Convention, the Adoption Unit assumed the role of central authority in line with the convention.
But neither the Adoption Unit nor the Adoption and Fostering Panel were recognised by law and there was to date no legal obligation for a home study report on parents wanting to adopt.
Mrs Cristina said the Adoption Unit was being transferred from the Department of Social Welfare to Agenzija Appogg. The agency would start providing all adoption services and the department would have the function of central authority.
Mrs Cristina paid tribute to Church-run children's homes.
She said that between 2000 and 2006 adoptions totalled 400, of whom 120 were Maltese children.
She stressed that while adoption procedures may seem laborious and beaurocratic one must ensure that the new parents were the ideal ones who put the child's interest first. The government was making it a point that would-be adoptive parents followed a special course and had meetings with a social worker, who drew up a home-study report which was passed on to a committee for evaluation.
If a couple was found to be suitable, the matching process followed.
The government had eased the expenses involved in the adoption process by eliminating duties on documents. And from this year parental leave for adoptive parents has been increased to 15 weeks.
Mrs Cristina said the Adoption Board would replace the Adoption Panel. The board would evaluate home study reports, determine the eligibility and suitability of prospective adoptive parents and ensure that placements were in the best interest of the children.
The Central Authority would publish in the Government Gazette, a list of accredited agencies. Any organization that made arrangements for the adoption of children must be recognised both legally and administratively.
The minister said that in terms of the new law nobody could obstruct the Adoption Board, the Appeals Board or the central authority and accredited agencies.
No one could make arrangements for the adoption of a child without the authorisation of the central agency, and it would be illegal to mention in the media names of would-be adopted children or parents. The media should not exploit emotional situations.
She said that before authorising an adoption, a court would consider the recommendations of the Adoption Board.
The minimum age of adoptive parents was being lowered from 30 to 28 and the difference between the age of the child and the parent was being narrowed to 21.
Children would henceforth be allowed to give their views on adoption.
The Bill was also introducing what was known as "open adoptions", where children aged over 11 could keep in touch with their natural parents. Adoptive children could be given all the relevant information regarding their natural parents through an application to the court.
Concluding, Mrs Cristina said that until the committee stage of the Bill, she would still take into consideration any proposals or comments received by organisations or the public.
Mrs Cristina was followed by Marie-Louise Coleiro Preca, opposition spokesman on social welfare, who called for wider consultations on this Bill. José Herrera (MLP) and Mario de Marco (PN) also spoke on the debate. Their speeches will be reported tomorrow.