Fostering and adoption laws to be amended

Following the much-publicised case of the Eritrean girl caught up in a legal battle between her foster carer and her family earlier this week, fostering and adoption laws are to be revised.

The Eritrean family leaving Malta International Airport for Switzerland
The Eritrean family leaving Malta International Airport for Switzerland

A spokesperson for the Minister for Justice, Dialogue and the Family, Chris Said told MaltaToday amendments to the fostering and adoption laws will be presented shortly to ensure that "more children are freed for adoption especially in cases where children have been in out-of-home-care for a considerable time and their biological parents have not improved their situation".

On Wednesday, Judge Abigail Lofaro revoked a prohibitory injunction filed by a Maltese woman to prevent the departure of a migrant child she had fostered for the past four years and a half, with her family who was being relocated to Switzerland today.

The child left Malta on Wednesday with her biological family and her brothers, who are Eritreans who were given subsidiary protection in Malta.

The foster carer was allowed to visit the child, once the family settles in Switzerland, by order of the court.

The Family Ministry explained that there are currently 250 fostered children in the Maltese islands. The spokesperson said courses for groups of prospective foster parents were introduced recently, one is being held in Malta and the other in Gozo.

Asked whether the minister is concerned about case involving the five-year-old Eritrean girl, the ministry said the judge in this case appointed a professional to make the necessary recommendations in the child's best interest.

"The final decision was based on the existing legal framework as well as on the recommendations of the professional. Any child's place is with his or her birth family unless he/she has being psychologically or physically harmed and reunification with the family should always be given due consideration when it is in the child's best interest."

 The ministry explained that persons who enter into child-minding agreements should inform themselves about their own rights and obligations beforehand. "They should also look into the rights and obligations of the biological parents of the children concerned," the spokesperson said.

The Minister for the Family has scheduled a meeting with all authorities concerned, namely the Commissioner for Children, the Foundation for Social Welfare Services and the Organisation for the Integration and Welfare of Asylum Seekers. The ministry said the aim of this meeting is to analyse and monitor the current situation involving private child-minding agreements, ensure that there are no abuses, and that persons who offer to take care of children in similar situations are suitable, well prepared and committed.