Intercountry adoption and the child’s right to their cultural background

Abstract

This study explores the process and regulations of intercountry adoption with particular attention to Malta. It focuses on the adopted child’s formation of their cultural identity and whether the adoptees should have a right to knowledge and access to information about the culture of their birth country. Concepts which will be covered in this study are intercountry adoption and how it is regulated in Malta and internationally, the child's right to their cultural background amongst other rights, the child's best interest, the principle of subsidiarity and the current approach in Malta with regards to adoption and culture. The study involves a literature review on intercountry adoption, the child's cultural background, cultural identity and the child’s rights. It also includes the writings of various authors who focus on both the sociological and legal aspect of intercountry adoption and culture. Finally the most substantial information came from the primary research carried out locally to various persons and organisations involved in the adoption process. It concludes with a final note on the three main topics and recommendations directed towards the cultural aspect of adoption such as cultural training programmes to be included in the adoption process and also for society at large. There is also a requirement for all of the stakeholders to have a better understanding of what the child’s best interest and the child’s rights entail when it comes to intercountry adoption. Suggestions are made to regulate further the work of the private adoption agencies and all adoptions whilst ensuring that a child’s representative is always present to ensure that the child’s rights are being protected.