MP flags legal anomaly that recognises minors who become mothers but not the fathers

Malta may have lowered the age of sexual consent to 16 but a man under-18 cannot be recognised as a father because the law does not allow it.

This apparent legal anomaly was flagged in parliament yesterday by Labour MP Amanda Spiteri Grech, who argued that the law must be changed.

She noted that in these circumstances the mother of the child is legally recognised as a single mother and the father is listed as ‘unknown’.

“A man who is under-18 cannot be recognised as the father of the child despite the wish of both parents because the law does not allow it and this must change,” Spiteri Grech said in her adjournment speech to the House on Wednesday.

Malta lowered the age of sexual consent to 16 in 2018, correcting another legal anomaly that allowed 16-year-olds to get married in a context where sexual consent could only be given at 18.

Article 86 of the Civil Code states that a child conceived or born out of wedlock may be acknowledged by the parents either jointly or separately but this acknowledgement becomes null if ‘the parent who did not give birth is a minor’.

Malta’s law still recognises people under 18 as minors irrespective of the fact that the age of sexual consent and marriage is 16.

According to the first, and only, national survey on sexual knowledge and attitudes conducted by the Health Ministry in 2012, 41% of adolescents aged between 16 and 18 reported having had sexual intercourse. A new survey is in the offing and the data will be used to inform the health authorities’ sexual health policy.