Pöördumine

Dear Sir/Madam,

The Ministry of Welfare of the Republic of Latvia as the responsible institution for the organization of adoption processes in Latvia, for the purpose of improving the adoption system, wishes to gather information from your country on adoption requirements which determine restrictions for the potential adopter, namely regarding to the previous criminal records.

The Civil Law of the Republic of Latvia determines: the adopter may not be a person:

1) who has been punished for 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 the status of the foster family or host family has been removed, because he or she has not performed the relevant duties in conformity with the interests of the child;

5) whom the custody rights have been removed 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.

Considering legal regulation, the ban is absolute and a person who has previously has been punished for criminal offences related to violence (regardless of extinguishing of the criminal record or removal thereof) cannot apply for adoptive status. In this cases the suitability of a person for the status of the adopter is not assessed.

We would appreciate information which would help as to clarify our understanding of the legal framework in Estonia for restrictions for the potential adopter.  Is your countries legal regulations determine any restrictions for the potential adopter, namely restrictions regarding to the previous criminal records? Is there determine that the adopter may not be a person who has been punished for criminal offences 1) regardless of extinguishing of the criminal record or removal thereof or 2) until the date of extinguishing of the criminal record or removal thereof? With what kind of criminal convictions (criminal offences related to violence, criminal offences against morality and for sexual offences), person may not be an adopter? Are there any exceptions when a person with a criminal record can adopt a child?

We look forward to your responses and, given the urgency of the matter, would be very grateful if you could provide any information by March 4.

In case your organization does not provide  adoption service, please forward this e-mail to the relevant organization.

Thank you very much in advance!

Yours sincerely,
Jana Sīpola
Senior Expert of the Department
of Children and Family Policy
Ministry of Welfare
of the Republic of Latvia
E-mail: [email protected]

Labklājības ministrija

Skolas iela 28, Rīga, LV-1331

www.lm.gov.lv