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Bill No. 68
Civil Code (Amendment) Bill Back to List

Twelfth Legislature (2013 - 2017)

Objects and Reasons

The amendment to article 4(3) is an extension of the form T that was introduced on 24 July 2012 and was valid for one year. Submission of the Form T allowed persons who declare that they have added their mother’s maiden surname to that of their father’s to have such double barrell surname registered in the Public Registry. The amendment provides for an unlimited time extension to such persons who had not submitted the required Form T in time by the closing date of the 23 July 2013. At the point of expiration of the form, the Public Registry was still receiving a considerable amount of requests and therefore it was felt that the extension will be most welcome by citizens and the said registrations will consolidate the surnames on government systems.

The amendments proposed to article 92(1) of the Code refer to children born out of wedlock. The amendments provide equal rights for such children to add their mother’s maiden surname after their father’s as is currently enjoyed by children born in a marriage by means of the Forms T and U once the extension recommended above is approved. Application Forms W and X have been appropriately created to receive such applications. The amendments also equalize the rights of children born out of wedlock to enable them to adopt their mother’s current surname as is currently permissible in the same article for children acknowledged by the father. This latter amendment is thought to contribute to unity in the family.

The purpose of the amendment to article 247 and the introduction of article 285A of the Code provide a solution for those immigrants born at sea on a vessel that is not registered in any country, and only when Malta is the first port of call. It is being proposed that such births may be registered in the Public Registries of Malta and Gozo and that the time limit for registration is extended until the necessary verifications are carried out.

Motion No. 167 - Civil Code and Ancillary Matters (Amendment) Bill

Act No. XII of 2015 - Civil Code (Amendment) Act

 

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