How does the recently enacted Minor Protection (Alternative Care) Act contribute to the existing law on adoption?

Abstract

Recently, through Act No. XXIII of 2019, the Minor Protection (Alternative Care) Act was enacted. This Act was promulgated with the intent to substitute the Child Protection (Alternative Care) Act and to provide for protection orders for minors, for alternative care and for suitable protection for those minors deprived of parental care or in the risk of being so deprived. Amongst many things, the Minor Protection (Alternative Care) Act introduced two new provisions on adoption. Adoption is also regulated in Malta through other pieces of legislation. The aim of this research was to analyse the contributions made on the already existing law of adoption by the Minor Protection (Alternative Care) Act and whether these contributions were, ultimately, in the Best Interests of the Child. The approach taken to conduct this research was desk based research technique by primarily focusing on comparing the legal provisions on adoption found in the recently enacted Minor Protection (Alternative Care) Act with already existing laws on adoption, mainly the Civil Code. Secondary sources such as academic books and journal articles were also consulted whilst conducting this research. This study will reveal that the contributions made by the Minor Protection (Alternative Care) Act on the existing law of adoption in Malta were mainly positive. The new provisions on adoption introduced in the legal framework by this new Act do not conflict with or change existing laws on adoption but add to them and also contribute towards ensuring the Best Interests of the Child.