What makes a parent in Maltese law? : examining the criteria by which parental status is acquired and lost

Abstract

The enactment of divorce and the Cohabitation Act under the Maltese Legal System has provided for situations of blended families. Even though, through the enactment of such provisions, the law allows the existence of such families, it does not regulate the relationship created between the stepparent and child. In fact, it does not recognise stepparents at all. Hence, this study will delve into the question of ‘what makes a parent in Maltese Law’ and establish the criteria imposed by Law in order for a person to be granted the status of a parent. Being faced with this legal issue, this research study is conducted by doctrinal legal research, using the law, statutes and case law as its primary sources. This study will examine various sections of the law such as the Civil Code, the Cohabitation Act and the Minor Protection (Alternative Care) Act. Such examination will show who is recognised as a parent in the eyes of the law and who is not. Various conditions and limitations of the granting of parental authority will be examined and compared from one section of the law to another. This will define the rights and obligations that parenthood imposes upon parents and failing to perform such duties and responsibilities, will lead to consequences consequences arises. Such consequences relate to either losing care and custody or termination of parental authority over the child. This will be shown by citing various case laws relating to such matters. The study will then delve briefly into the effects of having to deal with sole or joint care and custody or termination of parental authority, both on the part of the natural parents and the child. These effects are also felt and extended to the relationship created between the stepparent and the child, which is neglected by the law. By the end of the study, the author will suggest and propose amendments which may take place in the future. Such recommendations relate to various conditions imposed by law which limit the application of parental authority by minor fathers and stepparents.