Open adoption in the light of the new Minor Protection (Alternative Care) Act : is it always in the best interest of the adopted child?

Abstract

The concept of open adoption is relatively new in Maltese law. The new Minor Protection (Alternative Care) Act seeks to make open adoption automatic (where possible) and without any age restrictions. The United Nations Convention on the Rights of the Child, to which Malta is party, provides that; “the best interests of the child shall be the paramount consideration” when deciding cases of adoption. Thus, the objective of this study is to ascertain whether open adoptions without age restrictions are always in line with this principle. This study is based on an analysis of what open adoption really entails and the effects which it leaves on all the parties to the adoption triad, especially on the adoptee. The research focuses on the law; Maltese and the laws of four foreign countries. However, at times the author looks into the psychological effects which open adoption may leave on the adoptee, believing that this should be taken into account when granting a decree of adoption. Through this analysis, it appears that open adoption is only to be granted whenever it will prove beneficial to the adoptee, taking into consideration his age, maturity and the circumstances of his case. Thus, the author concludes that where open adoption might negatively affect the child`s upbringing, contact with the birth family must only be sought by the adoptee himself when he feels ready to confront both the benefits and the challenges which such an adoption will convey.