Legal issues regarding administration in adoption

Abstract

Notwithstanding, that Adoption is not a new statute in Malta adoption policy had to shift to face the needs of today's society. Though historically adoption was framed with a rather parent interest group in mind, necessities changed so as to portray adoptions as a service to the child. This concept brought the child at the centre of the adoption reform. International obligations, particularly those emanating from The Hague Convention increased States' responsibility. The increased responsibility is reflected in the administrative reform. This thesis looks directly at the focus of this reform and the changes brought by the Adoption Administration Act. Chapter one studies the main concerns of the legislators in introducing the administrative reform. The new approach to viewing adoption as a child service and the need for conformity with The Hague Convention emphasised the urge for a reform. Chapter two looks at the regulatory entities and the way in which State maintains control over the adoption process. This chapter focuses is mainly on the key administrative organs and the co-ordination and continuity the State wants to ensure during the adoption process. This chapter looks at the regulatory power of the Central Authority over accredited agencies and their administrative roles during the process. Particular focus is granted to the Adoption Board which brought a particular change to the process and which enshrines the need of professional expertise during adoptions. Though presenting a change in administration the reform tries to ensure fairness during the process. Chapter 3 looks at issues relating to the prospective adoptive parents and the adoptee. Chapter 4 deals directly with the basic principle of this reform and the new concepts of open adoptions.