The acknowledgement of paternity by a minor father : is it time for legal reform?

Abstract

The law in force stipulates that fathers who are still under the age of eighteen are not recognized as legitimate parents. This will inevitably lead to the situation where a child’s birth certificate will read as having an ‘unknown father’. Chapter 1 is an introductory Chapter which provides a general overview of the research topic at hand whilst delving into the importance of establishing paternity, both for the father as well as the child. The research question essentially deals with the ways in which the law can be changed in order not to discriminate against the minor father. Chapter 2 clarifies how despite facing obstacles in acknowledging their child, a number of minor fathers were nonetheless quite keen to be involved in the life of their children. This is done through a compilation of books and journals examined in the literature review. The research methods used are then described in detail in Chapter 3 of this dissertation. Chapter 4 explains how Maltese law permits marriage at the age of sixteen, and affords minors other rights most notably the right to be emancipated to trade and recently the right to vote. For this purpose, an examination of the relevant provisions dealing with acknowledgement and filiation will be analysed, in order to highlight the difference which exists in the Maltese legislation. These provisions will be furthered with several comparative analysis of the perspectives taken by other EU countries and the various states in the US. This dissertation seeks to re-address the way the Maltese Civil Code marginalizes the role of minor fathers in Chapter 5. A number of proposals for amendments to provide legal protection to these minors are presented, discussing whether a legal reform allowing the minor father to acknowledge his child, would be relevant. Finally Chapter 6 is a concluding Chapter aimed to bring the discussion together.