Adopting from Latvia
Contents
Latvia Adoption Alert
Notice: Post-adoption reporting requirements (April 5, 2011)
This Adoption Notice replaces the Adoption Notice dated May 25, 2010, on post-adoption reporting requirements for Latvia. Latvia requires periodic post-adoption reporting on the welfare of an adopted orphan in his or her new American family. Latvian law requires that two post-adoption reports be submitted: one after the first year following adoption and one after the second year. The reports should be conducted by the adoptive family's adoption agency. The intercountry adoption process requires compliance with the laws of both the United States and the child's country of origin. While the United States cannot enforce the laws of another country, in order for a strong country-to-country partnership on adoption matters to continue, families and agencies should respect the adoption laws of the child's country of origin. We strongly encourage agencies to comply with Latvian post-adoption reporting requirements and to submit reports on time. All agencies operating in Latvia have been notified of this requirement. Compliance will help ensure that Latvia's history of positive experiences with American adoptive families continues.
Notice: Post-adoption reporting requirements (May 25, 2010)
Latvia requires periodic post-adoption reporting on the welfare of an adopted orphan in his or her new American family. Latvian law requires that two post-adoption reports be submitted: one after the first year following adoption and one after the second year. The reports should be conducted by the adoptive family's adoption agency.
The intercountry adoption process requires compliance with the laws of both the United States and the child's country of origin. While the United States cannot enforce the laws of another country, in order for a strong country-to-country partnership on adoption matters to continue, families and agencies should respect the adoption laws of the child's country of origin. We strongly encourage agencies to comply with Latvian post-adoption reporting requirements and to submit reports on time. All agencies operating in Latvia have been notified of this requirement. Compliance will help ensure that Latvia's history of positive experiences with American adoptive families continues.
Hague Convention Information
Latvia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoption processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Latvia.
Latvia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, all adoptions between Latvia and the United States must meet the requirements of the Convention; the U.S. implementing legislation, the Intercountry Act of 2000 (IAA); and the IAA implementing regulations.
General public concern regarding adoption of Latvian children by foreigners contributes to reluctance to reform intercountry adoption procedures, which currently require several extended trips by adoptive parents to Latvia to complete the requirements. In addition, the Latvian government has announced that it will approve applications for intercountry adoption only if the adoptive parents file to adopt a sibling group of three or more children; a child over age 9; a child with severe health problems; or a child released for intercountry adoption because he or she has not been adopted by Latvians.
NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Read about Transition Cases.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from Latvia, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.
Additionally, a child must meet the definition of Convention adoptee under U.S. law in order to immigrate to the United States on an IH-3 or IH-4 immigrant visa.
Who Can Adopt
In addition to the U.S. requirements, prospective adoptive parents need to meet Latvia’s requirements to adopt a child from Latvia:
Residency
Prospective adoptive parents who are dual-nationals having both Latvian and U.S. citizenship and residency are advised to follow the Hague Adoption Convention process requirements set forth below. By doing so, you will enable your adopted child to immigrate to the United States and become a U.S. citizen immediately after adoption. If you adopt a child in Latvia as Latvian citizens and residents through a domestic Latvian adoption process without advance U.S. government approval for adoption under the Hague Adoption Convention, be aware that your adoptive child will not immediately be eligible for U.S. immigration and citizenship benefits. Your child will qualify for a U.S. immigration benefit only after you can demonstrate that the adoption took place before the child’s 16th birthday and that he/she has lived in your legal and physical custody outside the United States for at least two years. Please see uscis.gov for immediate relative petition (Petition For Alien Relative Form I-130) and application for expeditious naturalization (Application for Citizenship and Issuance of Certificate Under Section 322 Form N-600K) filing requirements.
Age of Adopting Parents
Age of Adopting Parents: Latvia requires that the adoptive parent is at least 25 years old and at least 18 years older than the adoptive child.
Marriage
Married couples, as well as single individuals, are eligible to adopt. Please note that Latvia does not recognize same-sex marriages.
Income
Latvia does not have any income requirements for intercountry adoptions.
Other
Parent-child relationship requirement: Latvian adoption law requires that a parent-child relationship be established before the final court decision can be made, by the town or city court having jurisdiction over the child. It leaves to each orphan court to decide on a case-by-case basis the period of time required to establish the parent-child relationship. The interpretation of the child-parent relationship may differ among courts. Adoptive parents are advised that orphan courts may require them to take care of the adoptive children and share a household in Latvia for up to six months to establish that the parent-child relationship exists and authorize adoptive parents to finalize the adoption.
Who Can Be Adopted
As Latvia is party to The Hague Adoption Convention, children from Latvia must meet the requirements of the Convention in order to be eligible for adoption. For example, the adoption may take place only if the competent authorities of Latvia have determined that placement of the child within Latvia has been given due consideration and that an intercountry adoption is in the child’s best interests. In addition to Latvia’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.
How to Adopt
Adoption Authority
The Process
Traveling Abroad
After Adoption
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information