As with all issues pertaining to relations between human beings, adoptions are a complex matter because they necessarily involve the feelings of all those involved.

... a family is given to a child and not a child to a family- Sandra Hili Vassallo

Due to the complexity of human nature and the need to safeguard adopted children, it is only natural that the adoption process, or certain aspects of it, give rise to hotly debated issues. In fact, the state and the international community, take a number of measures and safeguards to ensure that the adoption process is conducted in a transparent and adequate manner in the best interests of the child.

While being aware of the values, feelings and perceptions related to the issue of adoption, this article shall try to provide the reader with an objective overview of the adoption process and the legal background supporting it. It will also outline the role of public authorities in ensuring that the proper processes are followed to secure a happy outcome for both the child and the adoptive parents.

Maltese adoption legislation basically consists of articles 113- 130 of the Civil Code, chapter 16 of the Laws of Malta; the Adoption Administration Act 2008 and the Overseas Adoptions (Definition) Order of 1999 (Legal Notice 398 of 2004).

Article 4 of the latter legislation establishes the Department of Family Welfare as the central authority to discharge the duties imposed by The Hague Convention on the authorities. Thus, the Department for Social Welfare Standards within the Ministry for Justice, Dialogue and the Family is the designated central authority under the convention in charge of inter-country adoptions.

Our functions according to the Adoption Administration Act 2008 include the accreditation of adoption agencies, the monitoring of all procedures of inter-country and local adoptions and entering into and negotiating possible agreements with the central authorities of the states of origin.

It is to be underlined that the legislation mentioned earlier is based on the 1993 Hague Convention on Child Protection and Inter-country Adoptions, to which Malta became a party on October 13, 2004.

To understand how adoptions are regulated one has to understand the purpose of the convention. The Hague Conference on Private International Law developed the convention as the international community recognised some of the difficulties and challenges associated with international adoption. This was also done in an effort to protect those involved from the corruption and exploitation that sometimes accompanies it.

In other words, the convention and, subsequently, Maltese legislation aim to avoid the negative side of inter-country adoptions, to prevent exploitation and protect the children involved.

Following from this noble aim, an adoption should always be in the best interests of the child. Moreover, it should be recognised that, ideally, a child stays with the biological parents to whom s/he was born.

Unfortunately, we are not living in an ideal world and, failing that, the child can be adopted by family members like aunts or older siblings. If neither that happens, in view of the possible effects of cultural differences on the child, s/he should stay with non-kinship adoptive parents in the country of origin.

Inter-country adoption is a final resort if, for several reasons, the previous options are not possible. Thus, considering the best interests of the child requires that the least intrusive and least traumatic way be found for a child to have a suitable family life.

Most of the time we see the whole issue of adoption from the perspective of adoptive parents. Everyone involved in the adoption process should keep in mind that it is the child who has a right to family life, therefore, that a family is given to a child and not a child to a family. This perspective ensures that children do not become a commodity of the developing world and that the child and his/her best interests remain the main focus of the adoption process.

Part of our work and responsibilities as the central authority for adoptions is to accredit agencies to work with the prospective adoptive parents.

For a lot of prospective adopters, their first impact with adoption is with the agencies. These agencies carry out the training, do the home study reports, the home visits, prepare the documents and guide prospective adoptive parents through the rigorous process to ascertain that they are fit to adopt a child. They also monitor the lifestyle, their capabilities and what the prospective adoptive parents have to offer the child.

One can argue that birth parents do not go through such a rigorous vetting. But it is exactly for the reasons mentioned above, that is, to avoid or minimise as much as possible exploitation, abusive practices and to protect the child, that applicants are vetted and monitored in such a thorough manner.

So the question arises: Who can adopt under Maltese legislation?

An adoption decree can be issued by the Maltese courts in favour of a married couple and single persons, with some age restrictions.

Maltese laws do not prohibit single persons from adopting a child. In Malta, it would be discriminatory to disallow a single person from adopting a child on the basis of sexual orientation.

The factors defining eligibility and suitability to adopt, and which are taken into account by the Maltese authorities, include age, health and lifestyle, relationships with other family members and friends and financial means.

Which countries can Maltese prospective adoptive parents get children from?

Malta prefers to work with Hague countries and counterpart central authorities established under the convention because of the common legal framework within which to operate in a clear and well established manner. However, in the absence of a central authority, in the case of prospective adopters who wish to adopt from non-Hague countries, assistance is given through diplomatic channels.

I cannot fail to mention that, apart from inter-country adoption, applicants can also apply to adopt locally.

Efforts are being made towards freeing local children for adoptions and offering them an alternative to residential care. This effort at local adoptions ties up with what was stated previously regarding retaining children in their country of origin, in this case Malta. Local applicants would have the opportunity to adopt local children.

The accredited agencies would be all informed of a local adoptable minor and, thus, interested prospective adoptive parents would be adopting the child through the agencies and the proper channels, thus avoiding private adoption arrangements that would be illegal under Maltese adoption legislation.

The ultimate safeguard is that prospective adoptive parents are vetted, all procedures gone through, all persons informed and everything is done according to the pertinent laws.

Dr Hili Vassallo is director Department for Social Welfare Standards within the Ministry for Justice, Dialogue and the Family.