The gay lobby is undeterred by the possibility that the Civil Unions Bill will cause problems for prospective adoptive parents – gay or straight – insisting equality is the priority.
Gabi Calleja, who heads the Malta Gay Rights Movement, said a society that discriminated against its citizens on the basis of sexual orientation or other grounds could never be in the best interests of children.
She admitted that it was unlikely that third party adoption by same-sex couples would happen “in great numbers” because few countries would allow it.
However, MGRM upheld the Bill “as it stands” because it recognised and enshrined the principle of equal treatment and non-discrimination.
The new system is even better than the old system because it is going to force people to be honest
She also highlighted the fact that the Bill would allow for the non-biological gay parent to adopt the child of their partner, providing greater legal certainty to the child.
Ms Calleja was asked to react to comments made by Sarah Alamango, who runs a private adoption agency, that the Bill would close doors to Maltese seeking to adopt from abroad – even to gay single people – because most countries were against giving up children to a gay family.
Trying to assuage concerns, a Civil Liberties Ministry spokesman said: “There are countries that do not prohibit same-sex couples from adopting.” The spokesman highlighted the fact that Malta had talks with Russia on this topic and ironed out issues to allowing straight couples to adopt.
Neil Falzon, who heads the human rights NGO, Aditus, “rubbished” the idea that it would be impossible for prospective parents to adopt. “There is a tendency to go to the usual countries with which Malta has an agreement, such as Cambodia, Ethiopia, Russia – and these are against gay adoptions – but nothing stops couples from going elsewhere,” he said, albeit admitting that lack of agreements between countries on adoption made it much more difficult.
Dr Falzon believed countries like Ethiopia had been closing doors on adoptions for Maltese because of fears that prospective single parents could be gay.
“They are doing that because they know many people have been lying so far,” he said.
He insisted that, thanks to the Bill, third countries would have a guarantee that prospective parents turning up on their doorstep had fully declared and disclosed everything.
“If the country does not want to give children up for adoption to gay couples they will know that the couple in front of them is gay, which, in today’s system, they have no way of knowing and that is why they are feeling a bit scared.
“So what we’re saying is that the new system is even better than the old one because it is going to force people to be honest.”
With the new legislation, both prospective gay parents will be screened and the child will have two parents as well as granting full equality to individuals.
“This is what the Church is ignoring: what we’re proposing is increasing protection for children. How can anyone vote against it?”
The government needs to start looking at other countries where both gay and straight people can adopt, “countries which uphold the LGBT rights”.
Moreover, he said the government should also start looking at why we could not adopt Maltese children in desperate need of being adopted but could not because the procedures were too tight.
Ms Calleja stressed that society, which discriminated against its citizens on the basis of sexual orientation or other grounds, could never be in the best interests of children.
“We should aspire to give all children a world in which all persons are treated equally in dignity and rights,” she said.
What does the Bill state?
The new law will provide the same conditions for couples in a civil union as those for married couples, irrespective of the sexual orientation of the couples in question. Article 11 of the Bill proposes that reference to married couples in the adoption law will apply also to couples in a civil union.
Adoption by same-sex couples is only legal in 15 countries:
Argentina (2010), Belgium (2006), Brazil (2010), Canada (1999), Denmark (2010), France (2013), Iceland (2006), the Netherlands (2001), New Zealand (2013), Norway (2009), South Africa (2002), Spain (2005), Sweden (2002), the United Kingdom (2005), Uruguay (2009).
Full joint adoption by same-sex couples is legal in the following sub-national jurisdictions: Western Australia, New South Wales and Tasmania; Isle of Man; Jersey; Mexico City; 25 states in the US.