The process of intercountry adoption : whose interests in the law safeguarding?

Abstract

Adoption may be seen as fulfilling the interests of the adoptive parents in accomplishing their dream of having a child, rather than giving a child a chance to have a loving family. Adoption laws should safeguard the interests of all parties to an adoption while giving priority to the best interests of the child. In this context, the thesis examines the stages of the process of intercountry adoption and the legal position adopted by Maltese law as it stands today and by the Adoption Administration Act, by the Hague Convention, by the Maltese Courts, and by the European Court of Human Rights, to determine whose interests are being safeguarded in every stage of the process. The Adoption Unit's responsibility in preparing the prospective adoptive parents, determining their eligibility, and organizing the preparation group sessions is dealt with in the first chapter. As observed in Chapter 2, the screening stage gives rise to various issues, including the assessment of the family, the legal criteria to be satisfied by the adoptive parents, the Home Study Report and its approval by the competent authorities. Chapter 3 focuses on the dossier, the waiting period and the authorities involved in child matching. Once a child is matched, the child's medical report is sent to the prospective adoptive parents and judicial proceedings commence to finalize adoption. These are the issues tackled in Chapter 4. The period of post-adoption discussed in Chapter 5, includes various procedures, as well as rights conferred upon the parties to the process. Research methodology, and the questionnaire analysis of a survey conducted to adoptive parents to delve into the practicality of the process of adoption and the matters involved therein, are discussed in Chapter 6. Finally, the thesis makes recommendations to enhance the process and ensure thatthe law protects the best interests of the child.