Issue link: https://maltatoday.uberflip.com/i/252940
maltatoday, SUNDAY, 2 FEBRUARY 2014 13 spective adoptive parents, regard- less of gender or sexual orientation – has to undergo rigorous scrutiny by a panel of experts on a case by case basis?" Even without the proposed scru- tiny, Dalli argues that calls for 'sci- entific studies' also betray a lack of knowledge about the situation on the ground. "What these arguments fail to consider is that all the realities we are trying to regulate are already there. The situation as it has stood for years is that single parents are eligible to adopt children. In prac- tice, this means that one partner in a same-sex relationship can adopt a child simply by pretending to be single. Same-sex couples have in fact been raising children for years. Whatever impact this may have had has happened already, and is hap- pening all the time." It is a little late in the day, she adds, to be calling for impact as- sessments as a matter of urgency. "What I see as urgent is the need to acknowledge and regularise an ex- isting situation." She also sees a clear contradiction between the Nationalist Party's cur- rent position on this issue, and the one it previously held under Law- rence Gonzi: first expressed in Janu- ary 2011, and reiterated in January 2013, two months before the elec- tion. Dalli reminds me how, on two sep- arate occasions, Gonzi had stressed that sexual orientation should not be a determining factor in adoption cases, so long as the best interests of the child are evaluated by experts beforehand. "Even Gonzi, who was arguably more conservative than Simon Bu- suttil, agreed with the principle that each case should be decided on its merits, by experts, and not on the basis of sexual orientation. Joseph Muscat agreed also, and for once there was, or seemed to be, consen- sus on this issue. It seems we have taken a step backwards since then." But Dalli insists that she is moti- vated by a more pressing concern than securing support from the Op- position. As a result of the admit- tedly anomalous situation whereby singles can adopt, the reality is that children are already being brought up in non-regulated families which, for legal reasons, cannot guarantee them the same level of protection security as is offered a child brought up by a legally recognised couple. This, she adds, also constitutes discrimination against such chil- dren. "Bear in mind that these situ- ations already exist. The law does not envisage creating new forms of families, only recognising the ones that at present do not qualify for le- gal status. By refusing to recognise such families, this could only give rise to injustices that would be suf- fered by the child. How, then, can preserving the status quo be in that child's interest? Surely the child's interest is better served by offering them the same levels of protection as anyone else." Besides, Dalli argues that with the new law in place, not only would existing 'unofficial' families be giv- en the chance to regularise them- selves, but same-sex couples would no longer have to resort to subter- fuge either. "The situation as it is today en- courages such couples to lie about their status in order to be able to adopt. Is this what we want to per- petuate? Wouldn't it be better if we came clean about the existence of these social realities and legislate in a way that takes everybody into account?" Still, it is not just the Church or Opposition to have expressed reservations. Just yesterday the Maltese Pediatricians Association – which presumably represents at least of the experts who will even- tually decide on such matters – came out with what appears to be a guarded defence of the traditional family model. Its statement calls on MPs to give "due weight" to the "stability and the unique influence that a married couple can give to the child". (Note: as the Civil Unions bill stops short of introducing same-sex marriage by that name, only opposite-sex partners can form a legally recog- nised 'married couple'). Dalli however prefers to quote from other parts of the same state- ment which bolster the argument is favour of recognising other family models… notably this part: "None- theless children can thrive well in a variety of family types including single and same-gender parents. The Association is committed to equally support children in tradi- tional and non-traditional fami- lies…" What unites all concerns ex- pressed to date is the repeated mantra that the child's welfare is paramount. "If this is really the common in- terest of all parties, then let us think also of the welfare of children in all families, and legislate in a way that offers everybody the same rights and opportunities." The debate on same-sex adoption has so far been characterised by mixed messages and apparent U-turns. But Civil Liberties Minister Helena Dalli argues that we are forgetting the most important consideration behind the Civil Unions' bill PHOTOGRAPHY BY RAY ATTARD Adopted children of a lesser god