On December 16, 2021, the Saeima of the Republic of Latvia adopted amendments to the regulatory framework, which provides with changes to the adoption of children abroad.
The amendments adopted provide that the rights to adopt children abroad will remain to those countries that are bound by the Hague Convention of 29 May 1993 on the Protection of Children and Cooperation in Interstate Adoption (hereinafter – the Convention) , as well as the Convention on the Rights of the Child of 20 November 1989 (hereinafter – the Child rights) and country in question has entered into a bilateral Agreements on Legal Cooperation in the field of Adoption with the Republic of Latvia. Adopters will be able to adopt children abroad if the Orphan's Court, which has decided on out-of-family care, receives an opinion of the Foreign Adoption Commission, which includes the conclusion that the adoption process to a foreign state conforms to the principles for the protection of the rights of the child and the best interests of the child specified in the regulatory framework.
Changes to the regulatory framework entered into force on July 1, 2022. In cases of the foreign adoption process initiated by June 30, 2022, the regulatory enactments in force at the time of the initiation of this process shall apply. Cases of the adoption process initiated are cases providing information on the child to be adopted.
Countries where the Convention is binding, their Central Authorities and authorities officially recognized for work in the field of adoption in Latvia (hereinafter – the competent authority) (web site):
https://www.hcch.net/en/instruments/conventions/authorities1/?cid=69
Countries where the Child rights is binding: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&clang=_en
Republic of Latvia has signed the bilateral agreements with the following countries:
- Russian Federation;
- Republic of Moldova;
- Republic of Kirghizia;
- Republic of Uzbekistan;
- Ukraine;
- Republic of Poland;
- Belarus;
- Republic of Estonia;
- Republic of Lithuania.
Intercountry adopters are foreigners, who do not have permanent residence permit for staying in Latvia or citizens of Republic of Latvia living abroad.
Foreign citizen can adopt as a local adopter if he/she has a permanent residence permit and if his/her place of residence is Latvia. This criterion applies only to single adopters. If a married foreign couple wants to adopt, both need to have permanent residence permit. These rules do not apply for diplomatic and consular personnel and also to foreigners, who have received registration card as a citizen of the EU, EEZ or Confederation of Switzerland.
The only exception is in a case if the foreign citizen is married to the Latvian citizen or resident. The couple can adopt as local adopters if the place of residence is Latvia and if a spouse (foreigner) has at least temporary resident permit.
The Latvian citizens who permanently reside abroad can adopt as intercountry adopters by implementing all the required procedures as for foreign adopters. Latvian citizens or permanent residents must stay in Latvia for the adoption process in order to adopt as local adopters. According to procedures of adoption the initial home study for suitability of the adoption is at least 6 months long. The Orphan`s Court can shorten this period if there is adequate reason for that as for example in case of adoption of spouse's child, or when the Orphan`s Court has gained enough confidence about the family in shorter period of time. After procedure of family`s assessment the child can be given for pre-adoption care for the period that is not longer than 6 months. Usually this period takes around 3 months. If a family wants to adopt a child under 5 without health problems one has to take in consideration that Latvian adopters have to wait for several years until they receive information on adoptable child. Finally, adoption is approved by the Court which takes around 3 months.
Adopter must be at least 25 years old and at least 18 years older than adoptable child. The same rule applies to married couples. Exceptions:
- adoption of spouses `s child – adopter must be at least 21 years old;
- adopter and adoptee have established parent-child relationship.
In accordance with Article 59 of the regulation No.667 of the Cabinet of Ministers dated 30th of October, 2018 „Procedure of Adoption” (hereinafter – the Regulations),if the child to be adopted is being adopted to a foreign state:
- on which the Convention is binding, the documents of the foreign adopter must be submitted to the Ministry of Welfare (hereinafter – the Ministry) by the Central Authority of the Convention or by the competent authority;
- with which Latvia has signed a bilateral agreement on legal cooperation in the field of adoption, the documents must be submitted to the Ministry by the foreign adopter, appending a certification of the relevant foreign competent authority thereto that it agrees to adoption of the particular child and adoption will be recognized in this foreign state.
According to the Convention, only the Central Authority or a competent authority can submit the adoption file in the Ministry.
Foreigner (also – citizen of Latvia and resident living abroad) willing to adopt in Latvia must submit the adoption documents in the Central Authority or the competent authority of the residing state and only if the competent authority has confirmed the person suitable to adopt in Latvia, the adoption files will be sent to the Ministry for evaluation.