Inserting the adoption clause in the law on civil unions will create problems for all prospective adoptive parents, according to a private adoption agency.
Sarah Alamango, who runs Beyond Borders, an accredited agency for local and overseas adoptions, fears that the clause will close doors to Maltese parents who want to adopt children from abroad – even to gay single people – as most countries are against giving up children to be adopted into a gay family.
“The way I see it, it’s fine to regulate, but it is not solving anything. I personally think that clause is not going to result in anything ... it is just going to cause problems for everybody,” Ms Alamango, herself an adoptive parent, said.
The adoption clause in the Bill to be discussed in Parliament clearly states that a gay couple will have the right to adopt.
“However, if the law is enacted, gay couples will only be able to adopt from Malta as no country gives up its children for adoption by gay parents,” she said.
In Malta only one or two children are up for adoption per year, which is very bleak – but maybe that’s what they have in mind with this law.”
To date, gay people can only adopt children as individuals, because the Civil Code has, since 1962, allowed for single people to adopt.
In the adoption screening process, some people do state that they are gay or in a gay relationship and receive approval from the Malta Adoption Board.
“It’s at the discretion of the applicant if they want to divulge their status or not,” Ms Alamango explained, adding that the majority of the singles who apply with her agency are heterosexuals.
“But there were those who omit reference to their sexuality, because when you state you are gay, it’s practically impossible to adopt: there don’t seem to be countries that allow it,” she said.
Her agency has gay couples who have undergone the adoption process and received the approval of the board.
“But sadly I cannot be of any help to them.”
She is concerned that with the new law, foreign countries will start fearing that all single prospective adoptive parents are gay and will close their doors to everyone.
She highlighted the positive aspect of the bill: the law will be offering more protection for the child, because the child will have two parents who are legally recognised and not just the adoptive parent.
When you state you are gay, it’s practically impossible to adopt: there don’t seem to be countries that allow it
“Legally they are in no man’s land at the moment.”
For prospective adoptive parents, Russia – which does not allow gay adoption – seems to be the most viable. The whole process, including flights and accommodation, costs around €30,000 and takes up to 18 months.
The adoption process is dictated by legal and psycho-social requirements to ensure a stable family environment in the best interest of the child to be adopted, according to the Civil Code and Adoption Administration Act (2008).
After an adoption preparation course, the prospective parents are matched to a warranted social worker, who visits their home a number of times, and meets their referees in order to prepare a home study report.
This looks at the parenting abilities of the applicants, including forming attachment with children, their communication and conflict management skills, their ability to build and maintain stable relationships and their lifestyle.
The prospective parents also undergo psychological and medical tests.
The documentation is then presented to the Adoption Board and if it approves, the prospective adoptive parents apply with a foreign country for a match with the child through a local accredited agency. All the adoptions need to be approved by a court in Malta.
During 2013, 53 couples or single prospective adoptive parents attended the training held at Aġenzija Appoġġ.