Who can adopt a child in Malta?
Yes — but you must meet clear age conditions and pass a full assessment. Under the Civil Code (Cap. 16) and the Adoption Administration Act (Cap. 495), anyone wishing to adopt must be at least 28 years old. Between the adopter and the adopted person there must be an age gap of at least 21 years, but no more than 45 years — although the court can set this rule aside in certain cases, for example when siblings are being adopted. Married couples must have been married for 3 years. The myth: that "only married couples can adopt" — not true. In Malta single people and same-sex couples (married or in a civil union) can also apply, with equal rights. The Adoptions Board carries out a thorough assessment — home visits, interviews and a social and psychological evaluation — before issuing a certificate of eligibility.
📋 The rules
- Anyone wishing to adopt must be at least 28 years old; there is no maximum age for the adopter.
- The age gap must be at least 21 years but no more than 45 years between the adopter and the adopted person.
- Married couples must have been married for at least 3 years to apply to adopt.
- Married couples, single people and same-sex couples (marriage or civil union) may apply with equal rights.
- The Adoptions Board puts applicants through an assessment and issues a certificate of eligibility before the adoption.
🔓 Exceptions
- The court can set aside the age rule (21–45 years) in certain cases, such as when siblings are adopted.
- Inter-country adoption also follows the 1993 Hague Convention and Malta's Central Authority.
- An adoption can be changed or revoked only in exceptional circumstances determined by the court, not on a simple request.
⚠️ Penalties & fines
Adoption is not a process you can rush or work around: an application that tries to bypass the Adoptions Board assessment is refused, and moving children outside the legal procedure can amount to trafficking and bring serious criminal charges. Once granted, adoption severs the legal ties with the biological family and creates a full bond with the adoptive parents — including inheritance, maintenance and citizenship — and generally cannot be reversed. If the information in the application is untrue, or eligibility is found to have been obtained by deceit, the process can be stopped or challenged. The birth or adoption bonus and the children's allowance begin only once the adoption is registered, so a delay in the procedure also delays these benefits.
📎 Official sources
- Legislation Malta · Civil Code (Cap. 16) — adoption →
- Legislation Malta · Adoption Administration Act (Cap. 495) →
- Social Care Standards Authority · adoption information →
❓ Frequently asked
Can a single person adopt in Malta?
Yes, adoption in Malta is not limited to married couples. Single people can apply, and so can same-sex couples who are married or in a civil union, and all go through the same Adoptions Board assessment with the same rights and the same eligibility checks.
What is the minimum age to adopt?
Anyone wishing to adopt must be at least 28 years old, and there is no maximum age for the adopter. However, the age gap between the adopter and the adopted person must be at least 21 years but no more than 45 years, unless the court decides otherwise.
How long must a married couple have been married?
Married couples must have been married for at least 3 years to apply to adopt. This condition aims to ensure stability in the relationship before a child joins the family, and it sits alongside the other criteria on age and eligibility.
What happens after an adoption is granted?
Adoption severs the legal ties with the biological family and creates a full bond with the adoptive parents, including succession and maintenance. The child takes the same legal position as a child born into the family, and the adoption generally cannot be reversed.
Can you adopt from outside Malta?
Yes, inter-country adoptions are possible and follow the 1993 Hague Convention together with Malta's Central Authority. The process is more complex than a local adoption and involves cooperation with the child's country of origin.
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