DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE: No Maltese orphans have received U.S. immigrant visas within the past five years.

ADOPTION AUTHORITY IN COUNTRY:  The adoption authority in Malta is:

Department for Social Welfare Standard
Adoption Unit, Ministry for Families and Social Solidarity,
469, St. Joseph High Road
Santa Venera, Malta
Contact Person: Ms. Laura Aguis, email: laura.agius@gov.mt,
Telephone: (356) 21441311; 21470877
Fax: (356) 21- 447611

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Adoptions in Malta are regulated by the Civil Code dating from 1962.  The laws take into account developments in child welfare and suitability of pre-placement and placement.

The following persons are eligible to apply to adopt a child:

The Department for Family Welfare needs to be informed in writing of the prospective adoption and the prospective adoptive parents are required to submit a home study to the court upon  notification.

RESIDENCE REQUIREMENTS:  Prospective adoptive parents must be residents of Malta.

TIME FRAME:  Seven to ten weeks.

ADOPTION AGENCIES AND ATTORNEYS:  Those interested in adoption in Malta should refer directly to the Ministry for the Family and Social Solidarity.  For further information please visit their website:
http://www.msp.gov.mt/services/sif/service_info.asp?cluster=children&serviceid=52

For attorneys with relevant experience and expertise please consult the attorneys list on the American Embassy Website: http://valletta.usembassy.gov

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN COUNTRY:  No processing fees are incurred in making use of the service of the Department of Family Welfare, Adoption Unit.

ADOPTION PROCEDURES:  Persons interested in adopting a child should seek the advice of the Department for Social Welfare on the proper procedures to be  adopted.  All prospective adoptive parents must complete an application form requesting a declaration of eligibility and suitability and will be required to attend preparation group sessions and a subsequent assessment.  The preparatory group sessions and assessment normally takes seven to ten weeks to complete.  A declaration of eligibility and suitability is issued in favor of applicants who are deemed eligible as stipulated by the Civil Code and by a social worker following submission of the home study report.

1. Government issued certified copy of birth certificate/s from the Government of Malta Public Registry
2. Government issued certified copy of marriage certificate from the Government of Malta Public Registry.
3. Certificate/s of conduct from the police;
4. Blood test for HIV and hepatitis;
5. Medical report/s by a family doctor on a form obtainable from the Adoption Unit.
6. Photos of the applicants: sized 40mm x 30mm, colored with a white background
7. Statement of family income from the Government of Malta Inland Revenue Service for the previous tax year.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html

Embassy of Malta
2017 Connecticut Avenue, N.W.
Washington, D.C.  20008
Tel: (202) 387-5470
E-mail: Malta_Embassy@compuserve.com  

                    U.S. IMMIGRATION REQUIREMENTS

Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, United States Citizenship and Immigration Service (USCIS) publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site.  The Department of State publication International Adoptions can be found on the bureau of consular affairs web site,travel.state.gov , under “intercountry adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov. U.S. Embassy in MALTA:  Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

Embassy of the United States
Development House, 3rd Floor
St. Anne Street, Floriana, Malta VLT 01

Mailing address:
P.O. Box 535, Valletta, Malta, CMR 01
Telephone Numbers: (356) 2561 4000
Fax: (356) 21 243229
E-mail: usembmalta@state.gov

APPLYING FOR A VISA AT THE U.S. EMBASSY IN NAPLES:  The American Embassy in Malta does not issue Immigrant Visas. All Immigrant Visa for Malta are issued by the U.S. Consulate General in Naples, Italy:

Consulate General of the United States
Piazza della Repubblica
80122 Napoli, Italy
Tel. (+39) 081.5838.111
Fax (+39) 081.7611.869

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in Malta may be addressed to the U.S. Embassy in Malta. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.