Same-sex couples and adoption : a legal analysis

Abstract

Adoption grants a family the legal and moral duties of treating a child as one’s own. Although same-sex couples have the possibility to jointly adopt a child, it cannot be said that there is consensus regarding this notion. This research paper aims to analyse the amendments carried out to Maltese law by giving special attention to the Parliamentary debates that led to the promulgation of the Civil Unions Act of 2014 which introduced the possibility of adoption by same-sex couples, and the Marriage Act and Other Laws (Amendment) Act, which introduced same-sex marriage. Although the latter is not directly about adoption, it is relevant to this study since the title speaks of ‘same-sex couples’ and not homosexuals as a category of individuals or sexual tendencies. A comparative analysis regarding the way different European countries have tackled the issue of adoption by same-sex couples will be presented, bringing forward different stances. Unlike Malta, some countries have made a distinction between a same-sex marriage and their possibility to adopt, with some not yet giving such couples the possibility to adopt. Nowadays, realities are continuously emerging and developing which have been taken up on the agenda of politicians with the aim of prohibiting discrimination and ensuring a fully-inclusive society. Despite the legal advances, mental attitudes towards this reality are not uniform. This dissertation will also discuss a number of findings which emerged through a number of personal interviews about positive feedback or reservations about adoption by same-sex couples, and the way forward in so far as legislation is concerned. Finally, propositions for future research within this area will be discussed since this is viewed by many as a relatively recent field of research, to which a significant amount has been done, but there may be potential for more.