The child’s best interests in selecting the perfect candidate to adopt or foster

Abstract

This thesis entitled, 'The Child's Best Interests in Selecting the Perfect Candidate to Adopt or Foster' deals with the selection process that prospective adopters and foster carers undergo in order to be able to adopt or foster a child. A number of arguments and discussions as to how this selection is carried out are put forward in the light of an established set of criteria that such applicants are expected to satisfy. In selecting the perfect candidate, the Adoption and Foster Care Units within the Department of Social Welfare Standards apply the child's best interests principle. But what does the principle really entail? What are the flaws that can be identified? Furthermore, how is the principle being applied and interpreted by the various decision makers that may be involved during the processes? All these questions are dealt with in chapter one. A comparative analysis of how the Courts, foreign jurisdictions and International Conventions interpret and apply such a principle is also made. The nature and characteristics of adoption together with the criteria that prospective adoptive parents are expected to satisfy, are discussed in chapter two. The criteria established by the Civil Code are based on the child's best interests principle but is the final outcome really proving to be in the best interests of the child? Such questions are dealt with through a comparative study of local and foreign case-law and legislation. A number of arguments and discussions regarding issues and circumstances that do crop up in practice but are not specifically dealt with by the law are also raised in this chapter. Although foster care does take place in Malta, it is not yet regulated by legislation. So what happens in reality? How is the selection process for prospective foster carers carried out? Are there any similarities between the established criteria applied in adoption proceedings and most importantly, how does the child's best interests principle feature during such procedures? These are some of the questions that are tackled in the third chapter. Although there is no doubt that the selection processes in adoption and fostering placements are carried out with the best of intentions and in the child's best interests, a number of questions and issues still arise. Is the present situation proving to be sufficient? Is the child being given the opportunity to have the best possible adoptive parent of foster carer? Is there room for improvement? The fourth and final chapter proposes a number of amendments that will possibly improve the present situation regarding adoption, foster care and moreover, the application and interpretation of the child's best interests principle. In conclusion, this thesis will seek to show that the child's best interests will only be served if the decision-maker will open his I her mind and stray away from any preconceived ideas or prejudices as to what constitutes the 'perfect' candidate to adopt or foster a child.