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THE CIVIL LAW OF LATVIA
PART ONE
Family Law

SUB-CHAPTER 2
Adoption

162. The adoption of a minor child shall be permitted if it is in the interests of the child.
A minor child may be adopted if prior to the approval of the adoption he or she has been in the care and supervision of the adopter and the mutual suitability of the child and adopter has been determined, as well as there is a basis for considering that as a result of the adoption between the adopter and the adoptee shall be established a true child and parent relationship. A child may be given under care of the adopter by a decision of the Orphan’s court for a time period up to six months in accordance with the adoption procedures laid down by the Cabinet.
 [12 December 2002; 10 March 2005; 29 November 2012]

163.
The adopter must be at least twenty-five years old, and be at least eighteen years older than the adoptee.
The conditions regarding the minimum age of the adopter and permissible difference in age between the adopter and adoptee may be disregarded if ones own spouse’s children are being adopted. Nevertheless, also in such case the adopter must be at least twenty-one years of age.
The restrictions laid down in Paragraph one of this Section may be disregarded if true parent and child relationship is established between the adopter and adoptee.
The adopter may not be a person:
1) who has been punished for intentional criminal offences related to violence or threatening of violence – regardless of extinguishing of the criminal record or removal thereof;
2) who has been punished for criminal offences against morality and for sexual offences – regardless of extinguishing of the criminal record or removal thereof;
3) who has been removed from the performance of the duties of a guardian due to disorderly performance thereof;
4) whom has been removed the status of the foster family or host family, because he or she has not performed the relevant duties in conformity with the interests of the child;
5) whom has been removed the custody rights by a court judgment;
6) to whom a court has applied compulsory measures of a medical nature laid down in the Criminal Law for a criminal offence provided for in the Criminal Law and committed in a state of mental incapacity.
In order to detect suitability for adoption, the Orphan’s court shall carry out research of the adopter’s family in conformity with the procedures laid down by the Cabinet for not more than six months.
[29 November 2012]

164. Spouses shall adopt a child jointly, except in cases where:
1) the children of the other spouse are adopted;
2) the other spouse has been declared missing (absent without information as to whereabouts); or
3) [29 November 2012]
[12 December 2002; 29 November 2012]

165. Several children may be adopted at the same time. In adoption, brothers (step-brothers) and sisters (step-sisters) shall not be separated. In the interests of the children, the separation of brothers (step-brothers) and sisters (step-sisters) is permissible if one them has an incurable disease or there are impediments, which hinder the adoption of brothers (step-brothers) and sisters (step-sisters) together.
[29 November 2012]

166. Persons who are not married to each other may not adopt one and the same child.
[12 December 2002]

167. A guardian has the right to adopt his or her ward. When adopting a ward, a guardian shall transfer a final accounting concurrently with an application for adoption to the Orphan’s court. After acceptance of the final accounting until the day when a court judgment comes into effect regarding approval of the adoption the Orphan’s court shall represent the rights and lawful interests of the adoptee in adoption issues.
A guardian shall be released from the performance of his or her duties after when a court judgment regarding approval of the adoption has come into effect.
[29 November 2012]

168. An adoption may not be limited by any conditions or terms whatsoever.

169. It is necessary that all parties to the adoption give their consent to the adoption:
1) the adopter;
2) the adoptee if he or she has reached the age of twelve years;
3) the parents of an adoptee if they have not had custody rights removed;
4) a guardian.
A mother may not give her consent for the adoption of her child earlier than six weeks after the birth.
Parties to the adoption shall give their consent to the adoption in person to the Orphan’s court or submit it in the form of a notarial deed or with a consent certified in the Orphan’s court. Parties to the adoption may revoke their consent to the adoption until the time when the child is given under the care of adopters.
The Orphan’s court of the place of residence of the adoptee may decide on the consent for adoption, if:
1) custody is implemented by only one of the parents and the other parent, without good cause, refuses to give consent to the adoption;
2) a parent of the adoptee is a minor;
3) a guardian, without good cause, refuses to give consent to the adoption .
For the adoption of a child, a decision by an Orphan's court that such an adoption in the interests of the child is required. The Orphan’s court in taking such a decision shall ascertain the views of the adoptee if only he or she is able to formulate such, as well as shall take into account information regarding the adopter, including his or her personality, religious faith if there is such, material circumstances, household circumstances, capacity to raise a child, as well as information regarding the adoptee, including his or her personality, religious faith if there is such, health and ancestry.
Upon a request of a foreigner who has not got a permanent residence permit in Latvia or upon a request of a person living abroad a child can be adopted by a permit of the responsible minister and only then if it is not possible to ensure raising of a child in a family and due care in Latvia.
[29 November 2012; 17January 2013]

170.
[12 December 2002]

171. The adoption shall be considered as effected as soon as the court has approved such.
A court may permit the non-registering of the adopters in the Birth Register as the parents of the adoptee, if such a request from the adopters is justified.
Information regarding the adoption until the child reaches the age of majority shall not be divulged without the consent of the adopters.
[12 December 2002; 10 March 2005]

172. The adoptee shall become a member of his or her adoptive family and, the adopter shall acquire the right to implement custody. The adoptee may be granted the surname of the adopter in conformity with the provisions of Section 151 of this Law. The adopter may request the joining of his or her own surname to the surname of the adoptee, except in cases where the adopter or the adoptee already have a double surname.
If the name of the adoptee does not conform to the nationality of the adopters or it is difficult to pronounce, the name of the adoptee is permitted to be changed or a second name added thereto, except in cases where the adoptee already has a double name.
On the basis of a petition from the adopter a court may also permit the personal identity number of the adoptee to be changed. It is prohibited to change the date of birth of the adoptee.
[15 June 1994; 12 December 2002; 10 March 2005]

173. In relation to the adopter and his or her kin, the adopted child and his or her descendants shall acquire the legal status of a child born of a marriage in regard to personal as well as property relations.
With adoption the kinship relations and related personal and property rights and duties of the child with regards to his or her parents and their kin shall be terminated.
[12 December 2002; 10 March 2005]

174. [10 March 2005]
[12 December 2002; 10 March 2005]

175. An adoption may be revoked by a court if an adoptee of age of majority has agreed with the adopter regarding the revocation of the adoption. An adoption may be revoked in exceptional case also when such agreement does not exist, however the adoptee of age of majority proves that as a result of adoption true parent and child relationship has not established between the adopter and adoptee. When an adoption is revoked, the adoption terminates as of the day that the court judgment regarding the revocation of the adoption comes into effect.
[29 November 2012]

176. The legal kinship relations between the adoptee, their descendants and the natural parents of the adoptee and their kin are renewed by the revocation of the adoption.
If in the establishment of the adoption the adoptee has acquired the surname of the adopter or another name or if the personal identity number of him or her has been changed, a court if it is in the interests of the adoptee may retain the acquired surname, given name and personal identity number after the revocation of the adoption.
[12 December 2002; 10 March 2005]