In 2016 marriage laws were changed to the effect that same-sex couples can contract marriage. The discrimination between same-sex and heterosexual couples was therefore abolished.
The first legal recognition for same-sex partners was made through the enactment of the Civil Unions Act. Couples were allowed to contract a civil union, which granted to those bound by the civil union all the rights enjoyed by couples who get married. Effectively, there is no difference between civil unions and marriage, except in title. Therefore, partners in a civil union are bound by all the legal obligations and enjoy all the rights arising out marriage, but cannot claim that they are married.
Adoption and foster care
Although gay persons were once prohibited from adopting children, today it is widely accepted that sexual orientation cannot be used as a ground for disqualifying a person from adopting. This was first established by case law of the European Court of Human Rights that had affirmed that gay persons should not be discriminated against in the course of adopting children (at least as they do so as a single parent), according to this court. Today Maltese authorities are bound by law and procedure not to discriminate against homosexual couples in the making placements for adoption and foster care.
