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Adoption Rules

Original Language Title: Adopcijas noteikumi

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Cabinet of Ministers Regulations No. 315 (No. 40.34) adoption rules Issued in accordance with the law "About fosters and pagastties" article/41. 1. General questions, these rules determine the order in which the adoptee to minor children and adult.
2. Adoption is the legal act by which a person adopts a child of another person on your own. Adoption creates the same personal and property rights and obligations as a relationship after birth, if the adoption of the Treaty does not provide otherwise.
3. Adoption is: 3.1 create without parental care for the remaining children of their upbringing in the family, as well as their needs, interests and protection;
3.2. provide the minor into the family as a family member, if between the adoptable and adoptive have already established the fact of the parent-child relationship.
4. adoption of minors can be done, if their parents or guardians consent this rule 9 or, in the cases referred to in paragraph — also without parental consent.
5. Consent to adoption is required from the following people: 5.1. both parents (spouses or divorced) regardless of whether they live together or separately with adoptable, or the being a permanent orphanage upbringing. The father's consent is required for the adoption when he recognized the father after the establishment of paternity;
5.2. the guardian if the child is under guardianship is established;
5.3. the minor adoptee, if it reached twelve years of age;
5.4. the minor or the person being a protector;
5.5. the marriage of the spouse of the person being;
5.6. the other spouse, if the adoptive parent is one of the spouses;
5.7. minors of the person being descendants, if any;
5.8. to minor offspring of the adopting parent, if any.
6. If parents can implement only one parent and the other without reason declined to give consent to adoption, the appropriate permissions can make family courts or by being in the residence of pagastties (hereinafter referred to as the "family courts").
7. If the parent or guardian fails to appear personally in the family courts to express the consent of the minor's adoption of a child, parent or guardian consent to the adoption of a child must be notarized.
8. If the adopter or the adoptee of the spouses, minors or in being descendants of the patron does not appear personally in the family courts to express the consent of the adult adoption, adoptive or adult adoptee spouse, descendants, or the consent of the adoptee patron must be notarized.
9. Parents consent to the adoption is required in the following cases: If the parents deprived of 9.1 parentage;
9.2. If the parents in accordance with the procedure prescribed by law are recognised as incapacitated;
9.3. If the parents are dead or they do not want;
9.4. If the Court found that the actual circumstances parental consent is not possible a permanent obstacle.
10. Orphan and without parental care for children left in institutions (hereinafter referred to as "orphan education authority) the manager shall immediately notify the Ministry of welfare to the Department of social assistance (hereinafter referred to as the" Department of social assistance ") for each orphan upbringing institution inserted, a child can adopt under these rules.
11. the secret of Adoption is protected by the Statute. The adoption disclosure without the secret consent of the adoptive parent are pushing responsibility laws.
12. If the adopted child wants to get information about the conditions of adoption and their own parents and if it agrees to the adoptive parent, the information laid down in the laws of the family courts or the national archives.
13. Adoption of the civil code, the Court may cancel the 175 in the cases laid down in article.
//. Adoption of the agenda 14. Application for adoption the adoptive parent of the adopted family courts or the permanent place of residence of the adoptee.
15. The adoptive parent who wants to adopt a minor child in the family courts must show an identity document, which contains the code of the person and must provide the following documents: 15.1. application for adoption, which contains the desired number of adoptable, sex and age;
15.2. the other spouse's notarized consent to an adoption, if the adoptive parent is one of the spouses;
15.3. a copy of the marriage certificate;
15.4. a statement on security with a living area;
15.5. inquire about adoptive family annual income;
15.6. autobiography;
15.7. the following medical inquiries: 15.7.1. treating medical certificate about the State of health of the adoptive parent, the adopting parent acquired and congenital, inherited diseases, if any;
15.7.2. dermatovenerolog, narkolog, psychiatrist and ftiziatr advice on the State of health of the adoptive parent.
16. If the minor adoptee adoptive family the lives, of those terms referred to in paragraph 15 of the document need to be decided in the family courts.
17. If the minor is adopted by older relatives of the side line or a spouse from a second marriage, which is not the child's parent, or a person with adoptable developed effective relationships between parents and children, 15 of these rules to the adoptive parent referred to in documents must be accompanied by the following documents: adoptee in 17.1. a copy of the birth certificate;
17.2. proof of one of the following facts: 17.2.1. the adoptee parents are dead or in their place of residence is unknown;
17.2.2. the adoptee parents have given consent to the adoption;
17.2.3. the parents being recognised as incapacitated;
17.2.4. the adoptee parents with court ruling deprived of parental authority;
17.3. the written consent of the adoptee in the adoption, if he has reached the age of twelve;
17.4. medical certificate about health state of being.
18. The adoptive parent who wants to adopt a minor person, and age the adoptee or his custodian shall produce identity document in the family courts, which have a personal code, and must submit the following documents: 18.1. adoptive and the adoptee or his patron in a joint application for adoption;
18.2. authenticated copy of the birth certificate of the adoptee;
18.3. the adoptee spouse, if any, notarized consent to an adoption;
18.4. the adoptive parent's spouse, if any, notarized consent to an adoption;
18.5. the minors being descendants, if any, notarized consent to an adoption;
18.6. the adopter juvenile offspring, if any, notarized consent to an adoption.
19. the family courts shall examine the documents submitted and six months from the date of receipt of the application: 19.1. adoptive family relations and family living conditions (microclimate) surveys in the residence of the adoptive parent and family survey of blind in duplicate;
19.2. If one of the spouses adopt that child feels about his own parents, adoptive family resident survey the adoptable (when he reached the age of 12 years) on his actual relationships and parents and makes the appropriate entry in the family survey. In that case, the written consent of adoptee in up for adoption is not required;
19.3. the adopter and the person of the minor being the living conditions survey to establish their residence in the developed effective relationships between parents and children, and family living conditions survey of legislation in two copies;
19.4. issued an opinion on the minor's adoptive parent for the child's adoptive parent or lack of compliance with parental functions or on the age of the adoptee and the adoptive parent in the actual parent-child relationships.
20. If the opinion of the family courts is positive and if you adopt a minor, located in the orphanage upbringing, opinion is how many, what gender and age of the adoptive child may choose.
21. If family courts opinion is negative, it shall issue a motivated refusal to adoptive.
22. If the adoptive parent application for adoption is submitted to the family courts after the permanent place of residence of the adoptee, adoptive family courts of family life survey copy of Act within one month after the family courts to understand the habitual residence of the adoptive parent.
23. Within six months from the date when the adoptive parent has received the positive opinion of the family courts, he submitted to the Social Assistance Department, where adoptive introduces information about children being orphans education institutions.
24. Then, when the adopter chosen particular orphanage upbringing, Social Welfare Department shall issue him the assignment of the adoptee (adoptable).
25. The orphan upbringing institutions Manager introduces the adoptive children and being with their personal things.
26. The adoptive parent is entitled to reject the proposed nomination. In that case the orphan upbringing institutions Manager draws up the denial that the adoptive parent signature.
27. Within one month from the date the adoptee with dating and her personal things adoptive parenting shall notify the authorities of its decision to the supervisor about adoptable children and with signature confirms that he is aware of the State of health and being possible medical genetic predictions and that agrees with the adoption.

28. the Adopted brothers and sisters is inseparable. In the interests of the children are siblings allowed for the settlement of cases, if any of them is not to cure inherited, acquired or inherited disease. The decision shall be taken on a case of raising children in accordance with the Authority's head of medical opinion.
29. The orphan's upbringing in the family courts of the adoptive parent receives notice of the adoptive child of selected concrete, as well as the rules referred to in paragraph 17 of the document being adopted for submission to the family courts at the domicile of the adopting parent or adoptee.
30. the education authorities of the orphanage Manager is responsible for the child to being a proper presentation and document adoption secret.
31. Within ten days from the date of receipt of the documents issued by the adoptive family courts opinion that adoption cannot harm the adoptee, or motivated refusal.
32. application for approval of an adoption the adoptive parent must submit a District Court after being in residence.
33. Adoption is considered to have occurred as soon as it is approved by the District Court ruling.
34. Following the entry into force of a legitimate court order, the orphanage upbringing institutions Manager checks the adoptive identity documents shall be drawn up in duplicate in the legislation adopted on the return of the child to the adoptive parent and the adopted child shall be issued in the upbringing of the birth certificate and an extract of the medical documents.
35. Legal entry into force of the judgment is the basis for the entry of the birth in the register and of the adopted new birth certificates issued.
36. correctional institutions the orphanage Manager within fourteen days from the date of the returned to the upbringing of the adopted family, send the following documents: a copy of the Act of 36.1. child-rearing family: family courts at the place of residence of the adoptive parent;
36.2. the notice of adoption: it fosters, which adopted a decision on placing the adopted orphan upbringing.
37. The orphan upbringing children in reception and log out log in check to be made for the adoption, without specifying the data about adoptive.
38. Family courts at the place of residence of the adoptive parent and the adopted in the three years after the adoption of the annual survey of correctional authorities adopted the orphan education and living conditions and draw up the survey added legislation adoption case.
39. the adoption of the adopted child to use to store the family courts at the domicile of the adopting parents. When adopting the come of age, adoption of the law by State archives.
40. Adult adoption thing kept at the place of residence of the adoptive family courts for three years, then in accordance with the procedure laid down in the law, be transferred to the national archives.
41. the judgment of the Court of Justice for the adoption of the Act on a copy of the return in the upbringing of the adopted family and his medical documents sealed envelope be kept orphaned upbringing institutions archive for seventy five years, ensuring the adoption secret. After the expiry of the said documents in the procedure prescribed by law be transferred to the national archives.
///. The order in which the adoption is carried out by foreign residents 42. Adoption by persons resident abroad, in accordance with the civil code, the law on family courts and pagastties ' (Latvian journal, 1995, no. 182; 1996, nr. 64) and these terms.
43. Adoption by persons resident abroad is permitted in cases where it is not possible for Latvia to ensure proper care and upbringing of the adoptee in the family and if the adoption to foreign countries is in the interests of the adoptee.
44. Adoption by persons resident abroad, in accordance with the procedure laid down in these rules tolerated: 44.1. adopt relatives being;
44.2. the adoptee will be given the necessary medical assistance, which is not likely to get him in Latvia;
27.5. adoptable, who has a physical or mental disabilities, have not wanted to adopt adoptive in Latvia within one year from the receipt of the message, in the Department of social assistance for adoptable children;
27.6. raising children in two adoptive written refusal to adopt the child.
45. The orphan upbringing directors submit news about children being in the Department of social assistance in accordance with the provisions of paragraph 28 and 44.
46. persons resident abroad who wish to adopt a child (children), submitted to the Ministry of Justice Civil Registry Department (hereinafter "civil registry department ') in addition to the rules mentioned in paragraph 15 of the document concerned the foreign child adoption agency or licensed agencies prepare for an adoptive family studies according to the relevant foreign laws. If the family research materials include information about adoptive family living area and annual income, individual cognition of it is required.
47. If the family research materials not specified validity period, it considered that the period of validity is one year. By the end of this period the civil registry department requires adoptive to submit them again.
48. This provision, paragraph 46, documents are to be submitted in duplicate, together with the notarized translation into the national language and certain forms of proofs "Apostille".
49. If the documents submitted comply with these provisions, the civil registry Department shall issue a permit allowing the adoptive parent give him the right to choose the adoptable (adoptējamo). The authorisation shall specify the number of adoptable, preferred gender and age. A copy of the authorisation of the civil registry department within five days from its date of issue sent to the Social Welfare Department for further work with the adoptive parent.
50. at the approval of the Social Welfare Department was presented with information from adoptive parenting and assignment being issued (adoptable).
51. The orphan upbringing institutions Manager, based on Department of social assistance provided by the posting of the present with the adoptee and adoptive parent of his personal things and, if the adoptive parent wants to adopt one of the adoptee, the rules referred to in paragraph 17 of the document for submission to the civil registry Department.
52. The Civil Registry Department will review the documents and submitted not later than one month from the date of receipt thereof shall prepare the adoption or rejection of the project motivated.
53. the adoption or refusal of permission given to the Minister of Justice. Adoption of the validity is three months.
54. The provisions of paragraph 53 of that authorization or refusal to issue a civil registry Department of the adoptive parent and the refusal of the permit or a copy not later than five days from the date of issue sent to the social assistance Department.
55. the adoption of the document one (first) permanently stores a copy of the Department's civil registry archives.
56. After receiving the permission of the Minister of Justice, to all documents of the adoptive parent adoption (second copy) submitted to any of the family courts. If that fosters adoption cannot harm the adoptee and his interest, it has ten days from the date of receipt of documents to prepare the opinion, issued by the adoptive parent. If the findings are negative, the family courts ten days prepare a motivated denial and issued their adoptive parent.
57. application for approval of an adoption the adoptive parent must submit a District Court after being in residence.
58. the adoption shall be deemed to have been effected as soon as the District Court at the place of residence in their being approved.
59. The orphan upbringing institutions Manager following the judgment of the Court of Justice, acting in accordance with the provisions of paragraph 35, 36.2.37 and 41, paragraph.
//. 60. The transitional issues be declared unenforceable by the Council of Ministers of 19 June 1992, decision No. 240 "on adoption procedures in the Republic of Latvia" (official Edition AROUND the MP, 1992, no. 34).
Prime Minister a. slice Welfare Minister v. Makarova 1996 in Riga on august 6.