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Updated unofficial translation in English

Republic of Latvia
Cabinet
Regulation No 111
Adopted 11 March 2003

Procedures for Adoption

With amendments of Cabinet of Ministers of:

17.05.2005. not. nr.336 (L.V., 20th May, nr.80; Ziņotājs, 2005, nr.14)
30.06.2009. not. nr.725 (L.V., 4th July., nr.104)

Issued pursuant to
Section 31, Paragraph two
of the Protection of the Rights of the Child Law

1. These Regulations prescribe the procedures by which children shall be adopted.

[17 May 2005]

2. The purpose of adoption is:

2.1. to create for the child left without parental care circumstances that enable the child to be raised in a family, by ensuring a stable and harmonious living environment;

2.2. [17 May 2005]

[17 May 2005]

3. The registration of children left without parental care and of the persons who are willing to adopt (hereinafter - adopter) shall be performed in the Adoption Register (hereinafter - Register). The information included in the Register shall have restricted access status. The sole owner of the Register shall be the State of Latvia. The holder of the Register shall be the Ministry of Welfare (hereinafter - Ministry).

[17 May 2005 and 30 June 2009]

4. A child may be adopted if there are grounds to believe that after the adoption a true parent and child relationship will develop. It shall be necessary that all parties of an adoption give their consent to the adoption. In cases referred to in Paragraph 6 of these Regulations the child may be adopted without the consent of his or her parents.

5. Consent to the adoption of a child shall be necessary from:

5.1. the parents, irrespective of whether they live together with or separately from the child to be adopted, or the child to be adopted resides permanently in a child care and instructional institution or in an educational and instructional institution for children (hereinafter - instructional institution), or in another family;

5.2. the guardian, if guardianship has been established for a child; and

5.3. the child to be adopted if such child has attained 12 years of age.

6. The consent of the parents to the adoption of a child shall no be necessary:

6.1. if the custody rights of the parents have been removed in accordance with the procedures prescribed by law;

6.2. if the parents are deceased. ;

6.3. if the court has determined that the place of residence of the parents is unknown; or

6.4. if the court has determined that according to the factual circumstances the consent of the parents is not possible due to a permanent obstacle (for example, unknown parents).

7. [17 May 2005]

8. The consent of the parents or the guardian of the child to be adopted to the adoption shall be drawn up in conformity with Annex 1 of these Regulations.

[17 May 2005]

9. The consent to the adoption by the child to be adopted, if the child has attained 12 years of age, shall be drawn up in conformity with Annex 2 of these Regulations.

10. If the child to be adopted is less than 12 years of age,  an Orphans' court shall clarify his or her opinion by listening to the child at his or her place of residence.

11. Parties of the adoption shall express to the Orphans' court their consent to the adoption in person or shall submit a consent publicly certified at a notary or in the Orphans` court.

[30 June 2009]

12. An adopter shall submit an application for adoption to the Orphans' court of his or her place of residence.

13. An adopter shall present a personal identification document and submit the following documents to the Orphan's court:

13.1. an application, in which the reasons for adoption, the preferable number of children to be adopted, their sex and age, as well as the religious beliefs, if such exist, of the adopter are indicated;

13.2. a copy of the marriage certificate, presenting the original, if the adopter is married;

13.3. a document certifying a divorce, if the marriage has been divorced;

13.4. a statement regarding the ensuring of accommodation;

13.5. curriculum vitae (CV); and

13.6. a statement regarding the state of health of the adopter, in which congenital and acquired diseases of the adopter are specified, if such exist.

14. If an adopter is one of the spouses and the other spouse has been recognised as lacking the capacity to act or being lost (missing), the adopter in addition to the documents referred to in Paragraph 13 of these Regulations shall submit to the Orphans' court an extract from a court judgement or a true copy thereof (presenting the original) regarding the recognition of the other spouse as not having the capacity to act or being lost (missing).

15. If a child lives in the family of the adopter, the Orphans' court may release the adopter from the necessity to submit the documents referred to in Paragraph 13 of these Regulations, except for the documents referred to in Sub-paragraphs 13.1, 13.2 and 13.3. If the Orphans' court releases the adopter from the submission of the documents, it shall be indicated in the decision.

16. If a child of the other spouse is being adopted, an adopter shall attach to the application a copy of the birth certificate of the child to be adopted (presenting the original), a statement regarding the state of health of the child to be adopted, the consent of the biological parents of the child to the adoption or a document that certifies the existence of any of the following circumstances:

16.1. the other parent is deceased;

16.2. the place of residence of the other parent is unknown; or

16.3. the custody rights of the other parent have been removed in accordance with the procedures prescribed by law.

17. [17 May 2005]

18. After the receipt of the application for adoption and the relevant documents the Orphans' court shall examine the documents submitted and perform the family research, including the following:

18.1. evaluate the reasons for adoption, mutual relations of the family members and their ability to raise a child;

18.2. clarify the living conditions of the family of the adopter and evaluate the financial situation of the adopter;

18.3. request information regarding the facts in respect of the adopter included in the Penalty Register; and

18.4. send the adopter to a psychologist to receive an opinion regarding suitability of the person for adoption.

[17 May 2005]

19. The Orphans' court for at least six months shall perform the research of the family of the adopter, if necessary, asking consultations of specialists. In exceptional cases the Orphans' court may perform the family research in a shorter period of time, by especially substantiating it in the decision.

20. A decision of the Orphans' court shall be valid for 12 months. If an adopter within a period of 12 months has not chosen the child to be adopted, the Orphans' court shall perform a repeated family research and shall decide substantively.

21. An adopter, upon presenting a decision of the Orphan's court and a personal identity document, may receive the information regarding the children to be adopted in the Ministry. If an adopter, on the basis of the information received, has chosen a child, the Ministry shall issue a warrant to the adopter so that he or she can get personally acquainted with the child.

[17 May 2005]

22. The head of the instructional institution shall without delay inform the Orphans' court, according to the decision of which the child has been placed in the instructional institution, and the Ministry regarding each child to be adopted in the instructional institution.

23. An adopter shall submit to the head of the instructional institution a warrant issued by the Ministry and shall present a personal identity document. The head of the instructional institution shall introduce the adopter with the child to be adopted (according to the warrant) and his or her documents.

24. An adopter within a period of 10 days after getting acquainted with the child to be adopted and his or her documents shall take a decision regarding the taking of the child in his or her care and supervision (hereinafter - care).

25. If an adopter takes a child into his or her care, the Orphans' court of the place of residence of the adopter shall without delay decide regarding the procedures for the care of the child. A child may be placed into the care of the adopter for a time period of up to six months.

26. The head of the instructional institution shall make a note in the personal records of a child regarding the placement of the child in the care of the adopter. The adopter shall sign for the receipt of the child.

27. The head of the instructional institution shall without delay send to the Orphans' court of the place of residence of the adopter a copy of the birth certificate of the child, an extract from the medical documents of the child and a document that approves the consent of the parents to the adoption or the existence of any of the following circumstances:

27.1. the custody rights of the parents have been removed in accordance with the procedures prescribed by law;

27.2. the parents are deceased; or

27.3. the place of residence of the parents is unknown.

28. The child allowance or a maintenance benefit allocated to the instructional institution, guardian or foster family shall be paid to the adopter in accordance with the time period for which the child stays in the care of the adopter.

29. The head of the instructional institution shall without delay inform the Orphans' court, by the decision of which a child has been placed in the instructional institution, as well as the Orphans' court of the place of residence of the adopter and the Ministry regarding the child placed into care.

30. The Orphans' court shall issue to the adopter a certified copy of the birth certificate of the child and an extract from the medical documents of the child. The Orphans' court of the place of residence of the adopter after the receipt of the information from an instructional institution regarding a child placed into the care of the adopter, shall regularly perform the research of the family in order to establish whether there are grounds to believe that, as a result of adoption, a true parent and child relationship will develop between the adopter and the child to be adopted.

[17 May 2005]

31. The Orphans' court, when performing family research during the care of the child, shall clarify, inter alia, the religious beliefs (if such exist) of the adopter and the child and evaluate the following:

31.1. personality of the adopter and the child;

31.2. specific characteristics of the dwelling and the household;

31.3. ability of the adopter to raise a child; and

31.4. mutual suitability of the adopter and the child to be adopted, specifying the time period during which the child was in the care of the adopter.

32. At the end of the period of care the Orphans' court shall compile the results of the family research, prepare an opinion of whether adoption in the adopter's family is in the interests of the child, and take a relevant decision.

33. If the Orphans' court decides that the adoption is not in the interests of the child, it shall without delay ensure to the child appropriate out-of-family care.

34. If the Orphans' court decides that the adoption is in the interests of the child, then concurrently with the decision it shall issue to the adopter the documents of the child for submission to a court.

35. The Orphan's court of the place of the residence of the adopter shall extend the care period until the confirmation of the adoption in a court.

[17 May 2005]

36. Adoption shall be confirmed by a court. An adopter shall submit the true copy of a court judgement to the head of the instructional institution.

37. The head of the instructional institution shall issue to the adopter the birth certificate of the child.

38. The head of the instructional institution after the placement of a child into the family of the adopter, shall without delay send a notification regarding adoption:

38.1. to the Orphans' court of the place of residence of the adopter;

38.2. to the Orphans' court, by decision of which a child has been placed in an instructional institution; and

38.3. to the Ministry.

39. For two years after the confirmation of adoption the Orphans' court of the place of residence of the adopter shall on a regular basis evaluate the care and supervision of the child in the family.

40. Adoption of a child to foreign countries shall be allowed if it is impossible to ensure the upbringing and care of the child in a family in Latvia and the Orphans` court, by the decision of which the child has been placed in an instructional institution, has taken a relevant decision thereof. The Orphans' court shall without delay inform the Ministry regarding such decision.

41. Foreigners who do not have a permanent residence permit in Latvia or persons residing in foreign states (hereinafter - a foreign adopter) may adopt the following:

41.1. a child of the other spouse;

41.2. a child from a guardian's family, if the adopters are relatives of the child to be adopted; or

41.3. a child that resides in a foster family or an instructional institution, if it is impossible to provide proper upbringing and care of the child to be adopted in a family in Latvia.

[17 May 2005]

42. A foreign adopter in addition to the documents referred to in Paragraph 13 of these Regulations shall submit to the Ministry the family research materials of the adopter prepared by the competent institutions of the relevant state and a statement regarding the criminal records of the person.

[17 May 2005]

43. The documents shall be submitted to the Ministry in duplicate, attaching a notarised translation thereof into Latvian. Documents issued in foreign countries must be legalised or certified in accordance with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents if other procedures have not been provided for in international agreements binding on the Republic of Latvia.

44. If the term of validity has not been specified in the family research materials, it shall be assumed that the term of validity thereof is one year.

45. The Ministry shall evaluate conformity of the documents submitted with regulatory enactments.

46. A foreign adopter may receive the information regarding the children to be adopted in the Ministry.

47. If the documents submitted conform to the requirements prescribed by regulatory enactments, a foreign adopter shall receive the information regarding children to be adopted in the Ministry. If a foreign adopter, on the basis of the information received, has chosen a child, the Ministry shall issue a warrant to the foreign adopter so that the foreign adopter can get personally acquainted with the child.

48. A foreign adopter shall submit to the head of the instructional institution a warrant issued by the Ministry and shall present a personal identity document. The head of the instructional institution shall introduce the foreign adopter with the child to be adopted (according to the warrant) and his or her documents.

49. The foreign adopter within a period of 10 days after getting acquainted with the child to be adopted and his or her documents shall take a decision regarding the taking of the child in his or her care.

50. If a foreign adopter takes a child in his or her care, the Orphans' court, by the decision of which the child has been placed in an instructional institution, on the basis of the warrant of the Ministry, shall without delay decide regarding the procedures of the care of the child and his or her temporary place of residence in Latvia. The Orphan's court shall without delay send the decision to the Ministry.

[17 May 2005]

51. The head of the instructional institution shall make a note in the personal records of a child regarding the placement of the child in the care of a foreign adopter. The foreign adopter shall sign for the receipt of the child.

52. The head of the instructional institution shall without delay inform the Ministry and the Orphan's court, by the decision of which a child has been placed in the instructional institution, regarding the child placed into care.

53. The head of the instructional institution shall send to the Orphans' court, by the decision of which the child has been placed into the instructional institution, a copy of the birth certificate of the child, an extract from the medical documents of the child and a document that approves the consent of the parents to the adoption or the existence of any of the following circumstances:

53.1. the custody rights of the parents have been removed in accordance with the procedures prescribed by law;

53.2. the parents are deceased; or

53.3. the place of residence of the parents is unknown.

54. The Ministry shall send to the Orphans' court, by the decision of which the child has been placed in an instructional institution, one copy of the documents submitted by the foreign adopter.

55. In order to establish that as a result of adoption a true parent and child relationship will develop between the adopter and the child to be adopted, the Orphans' court, by the decision of which the child has been placed into an instructional institution, shall regularly evaluate the care and supervision of the child, inter alia clarifying the religious beliefs (if such exist) of the foreign adopter and the child and evaluating the mutual suitability of the foreign adopter and the child to be adopted.

56. At the end of the period of care the Orphans' court shall prepare an opinion of whether the adoption in the foreign adopter's family is in the interests of the child, and take a relevant decision. The Orphans' court together with a decision shall issue to the foreign adopter adoption documents, leaving certified copies thereof in the records. The Orphans' court shall without delay send to the Ministry the decision and a certified copy of the birth certificate of the child.

[17 May 2005]

57. A foreign adopter may ask the Orphans' court to extend the care period until the confirmation of the adoption in a court.

58. The Minister of Welfare within a time period of three working days after the receipt of a decision of the Orphans' court shall issue a legally based permission for adoption or a substantiated refusal. When issuing a permission for adoption, a foreign adopter shall be informed regarding a duty for two years after the confirmation of adoption in a court to submit once a year to the Ministry a report prepared by the competent institution of the relevant state regarding the living conditions of the child in the family.

[17 May 2005 and 30 June 2009]

59. A permission for adoption issued by the Minister of Welfare together with the rest of the adoption documents shall be submitted to a court. The permission shall be valid for three months.

[17 May 2005 and 30 June 2009]

60.  The adoption shall be confirmed by a court. After a judgement of the court has come into lawful effect, the court shall send a copy thereof to the Ministry for informational purposes.

61. Cabinet Regulation No. 315 of 6 August 1996, Provisions for Adoption (Latvijas Vēstnesis, 1996, No. 136) is repealed.

Prime Minister                                                                                                             E. Repše

Minister for Special Assignments

- Children and Family Affairs                                                                                    A. Baštiks

[30 June 2009]

Annex 1

Cabinet Regulation No. 111

11 March 2003

noteikumiem Nr.111

 

Consent of a Parent (Guardian) to the Adoption of a Child

 

 

Orphans' court (Orphans` court)

 

I,

 

,

 

(given name, surname)

 

 

personal identity number [ ] [ ] [ ] [ ] [ ] [ ] - [ ] [ ] [ ] [ ] [ ],

(year, month, date of birth)

 

,

marital status

 

,

place of residence

 

LV-

 

,

passport No.

 

series

 

issued on

 

 

 

,

                         

 

agree to

 

,

(given name, surname of the child)

 

 

personal identity number [ ] [ ] [ ] [ ] [ ] [ ] - [ ] [ ] [ ] [ ] [ ]

born

 

 

(place of birth and date, month and year of birth)

 

 

,

       

adoption.

 

I am informed regarding the possibility to receive social assistance and social services provided for families with children.

I am aware of the legal effects of adoption. I have been informed regarding the confidentiality of adoption.

 

 

 

 

(date)

 

(signature)

 

The head of the Orphans' court (Orphans` court) or a member of the Orphans' court (Orphans` court)

 

 

(signature and full name)

 

Place for a seal

 

 

Minister for Special Assignments

in Children and Family Affairs                                               A. Baštiks

[30 June 2009]

 

Annex 2

Cabinet Regulation No. 111

11 March 2003

noteikumiem Nr.111

 

Consent to the Adoption by a Child who has Reached Twelve Years of Age

 

 

Orphans' court (Orphans` court)

 

I,

 

,

 

(given name, surname)

 

 

personal identity number [ ] [ ] [ ] [ ] [ ] [ ] - [ ] [ ] [ ] [ ] [ ],

 

born

 

 

(place of birth and date, month and year of birth)

 

,

place of residence

 

LV-

 

,

 

(if the child lives in a family)

 

 

 

passport No.

 

series

 

issued on

 

 

,

                       

 

agree to my adoption by

 

,

 

(given name, surname of the adopter)

 

 

personal identity number [ ] [ ] [ ] [ ] [ ] [ ] - [ ] [ ] [ ] [ ] [ ].

 

After adoption I wish:

? to retain my surname

? to acquire the adopter's surname

 

 

 

 

(date)

 

(signature)

 

The head of the Orphans court (Orphans` court) or a member of the Orphans' court (Orphans` court)

 

 

(signature and full name)

 

Place for a seal

 

 

Minister for Special Assignments

in Children and Family Affairs                                   A. Baštiks