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Art. 113 Interpretation. — CIVIL CODE

Laws of Malta — Chapter 16 — CIVIL CODE
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Art. 113 Interpretation. · CIVIL CODE

(1) For the purposes of this Title and of any regulations

made thereunder a person shall be deemed to make or participate in

arrangements for the adoption of a person if he enters into or makes

any agreement or arrangement for, or for facilitating, the adoption

of a person by any other person.

(2)

In this Code and in any other law, unless the context

otherwise requires -

(a) any reference to a person or persons related to another

person in any line or degree shall, in respect of an

adopter or an adopted person or in tracing the

relationship through an adopter or an adopted person,

be construed as a reference to the person or persons

who would be so related to him if the adopted person

were the child of the adopter born to him or her in

lawful wedlock and were not the child of any other

person, and without prejudice to the generality of this

provision, any reference to the name, names or

surname of the parent or parents of an adopted person

shall be construed as a reference to the name, names or

surname of the adoptive parent or parents;

(b) "adoption" means an adoption effected under this Code

and in accordance with the provisions of the Adoption

Administration Act and, subject to such conditions and

other provisions, and with effect from such date, if

any, as may be contained in an order made by the

Minister under this sub-article, includes an

intercountry adoption; and grammatical variations

thereof or cognate expressions shall be construed

accordingly;

(c) "Adoption Board" shall have the same meaning

assigned to it by article 2 of the Adoption

Administration Act;

(d) "children conceived and born out of wedlock" means

children so conceived and so born or such children in

whose favour the presumption referred to in articles

101 to 112 of this Code does not apply, and who have

not in either case been adopted;

(e) "family mediator" means a mediator as specified in the

Civil Court (Family Section), the Civil Court (General

Jurisdiction) and the Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section) Regulations;

(f) "foster carer" shall have the same meaning as assigned

to it in article 2 of the Minor Protection (Alternative

Care) Act;

(g) "intercountry adoption" shall have the meaning

assigned to it by article 2 of the Adoption

Administration Act;

(h) "social worker" shall have the meaning assigned to it

by article 2 of the Social Work Profession Act;

(i) "Adoption Service within the Directorate for Alternative

Care (Children and Youth)" shall have the same meaning

as assigned to it in article 2 of the Adoption

Administration Act.

(3) For the purposes of this Title, unless the context otherwise

requires

(a) "accredited agency" shall have the same meaning

assigned to it by article 2 of the Adoption Administration

Act;

(b) "Board of Appeal" shall have the same meaning assigned

to it by article 2 of the Adoption Administration Act;

(c) "central authority" shall have the same meaning assigned

to it by article 2 of the Adoption Administration Act;

(d) "child" means a person under eighteen years of age;

(e) "country of origin" in respect of intercountry adoption

shall mean the country from which a child is adopted;

(f)

"Hague Convention" means the Convention on Protection

of Children and Co-Operation In Respect of Intercountry

Adoption;

(g) "open adoption" shall have the same meaning assigned

to it by article 2 of the Adoption Administration Act.

← Art. 112 Child may demand presumption after death of parent. CIVIL CODE Art. 114 Power to make adoption decrees. →

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