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EmailINTERCOUNTRY ADOPTION
LATVIA
April 2008
DISCLAIMER: The following is intended as a general guide to assist
The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the
Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA). More information on the IAA
and the Convention can be found at travel.state.gov on the Children and Family pages on intercounry adoption.
The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources
and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth
and is provided for general information only. Moreover,
TRANSITION CASES: Under
If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case. The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee. The filing date is stamped on the application or petition to show the time and date of actual receipt. For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption Convention .
PLEASE NOTE: Public opposition in
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE
|
Fiscal Year |
Number of Immigrant Visas Issued |
|
FY 2007 |
29 |
|
FY 2006 |
23 |
|
FY 2005 |
27 |
|
FY 2004 |
15 |
|
FY 2003 |
15 |
ADOPTION AUTHORITY IN
Ministry for Children and Family Affairs
Basteja Blvd. 14 (3 rd floor)
Tel. (371) 6735-6497
Fax. (371) 6735-6464
E-mail: pasts@bm.gov.lv
http://www.bm.gov.lv/eng/adoption/ (English language page)
ELIGIBILITY TO ADOPT: Both single individuals and married couples are eligible to adopt.
RESIDENCY REQUIREMENTS: Parent-child relationship requirement: Latvian adoption law requires that a parent-child relationship be established before the final court decision can be made
at 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
among courts may differ. Adoptive parents are advised that orphan courts may require them to take care of the adoptive children
and share a household in
TIME FRAME: The time needed to complete an adoption in
ADOPTION AGENCIES AND ATTORNEYS: The U.S. Embassy in
Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption
services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or
the licensing authority in the
Because
It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption
service provider. The Department maintains a current list of accredited adoption service providers . The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net .
U.S. Embassy Riga provides a list of English speaking attorneys in
ADOPTION FEES IN
The U.S. Embassy in
ADOPTION PROCEDURES: Foreign adoption is allowed if the orphan court having jurisdiction over the child’s place of residence has established that
placement with a Latvian family cannot be secured.
Note: Orphan courts in
Foreign prospective adoptive parents are required to file adoption applications with the Ministry for Children and Family Affairs, which reviews all applications and determines whether the applicant meets the requirements of the law. If the judgment is favorable, the Ministry provides the prospective parents with information on children who are available for adoption. As noted above, the Latvian government recently announced that, as of March 1, 2008, it will approve applications for intercountry adoption only if the adoptive parents file to adopt a) a sibling group of three or more children, b) a child over age 9, c) a child with severe health problems, or d) a child released for intercountry adoption who has not been adopted by Latvians.
After the prospective parents choose a child, the Ministry issues them per
The Ministry is informed after the adoptive family has cared for the child for the required time period and the orphan court
has established that the adoption would (or would not) be in the child’s interests. The Ministry then prepares an adoption
approval (or rejection) statement for sub
Current law provides for a twenty-day period for the final court decree to become effective.
Once the final court decree becomes effective, the adoptive parent(s) can apply for the child’s immigrant visa. As of October
1, 2007, immigrant visa applications for adopted children can be filed with the U.S. Embassy in
Like many countries,
DOCUMENTS REQUIRED FOR ADOPTION IN
- Application including information about the reasons for adoption as well as information about the sex, age range, and religion of the child (children) they are interested in adopting;
- A copy of the parents’ marriage certificate, if applicable, under apostille (Please see further information below about authentication of documents);
- A copy of any divorce decree (if applicable), under apostille;
- A statement about the housing for the family (i.e., size, location, type of residence);
- An autobiography (curriculum vitae);
- Medical statements regarding the health of the family (hereditary illnesses, if any, and any specific illnesses);
- A home study, under apostille, conducted by a
- A police clearance statement under apostille.
Note: Adoption agents are allowed to represent parents. They may do the required translations, and file adoption applications at
the Ministry. However, under current law the adoptive parents are required to personally file applications at orphan courts
and participate in the orphan court and final court sessions.
AUTHENTICATING
LATVIAN EMBASSY AND CONSULATES IN THE UNITED STATES:
Embassy of
Tel: 202- 328-2840
Fax: 202- 328-2860
E-mail: embassy.usa@mfa.gov.lv
Embassy of the
7
Tel: 371-6703-6200; fax: 371-6781-4088
http://www.usembassy.lv/
E-mail: AskConsular@USRiga.lv
APPLYING FOR A VISA AT THE
VISA INTERVIEW
While the U.S. Embassy understands that adopting parents are eager to return to the
If everything is in order, the child's immigrant visa is issued at 3 p.m. on the next working day following the final interview.
The immigrant visa is valid for 180 days from date of issuance. Do NOT open the sealed envelope that comes with the visa
or detach the cover page. Documents submitted to the Embassy are in this packet and will not be returned. The Embassy does
not keep copies of any documents you submit, nor are those documents available from USCIS once you return to the United States.
Therefore, adopting parents should obtain extra originals or certified copies of the adoption decree and the child’s new birth
certificate for their future, personal use e.g. for filing an application for a U.S. passport and Social Security number.
The packet should be hand carried (do not place them in checked baggage) and must be presented intact with your child’s passport
to the Department of Homeland Security officer at the port of entry.
REQUIRED DOCUMENTS
The following documents are required at the time of the final visa interview:
- Confirmation from the USCIS of an approved and valid I-800A (or I-600A if filed before April 1, 2008)
- USCIS confirmation of a valid fingerprint clearance
- Completed I-800 (or I-600 if filed before April 1, 2008) petition, with original signatures by both adopting parents. These forms can be downloaded from the USCIS website (http://www.uscis.gov)
- Immigrant Visa Application (Forms DS-230 Part I and II), signed by one parent on behalf of the child, in the presence of a consular officer. Information on the form should pertain to the child, not the adopting parents. These forms can be downloaded from our web site at http://www.travel.state.gov.
- Two color photographs, square 5x5 cm, front view of the child’s face, with a white or light background
- Results of the child’s immigrant visa physical examination, including a vaccination report. A signed and notarized affidavit regarding deferral of vaccinations must be presented if any of the vaccinations are missing. The form may be signed by either of the adopting parents and notarized
by a U.S. Consular Officer or
- An Affidavit of Acknowledgement of Health Problems of Adopted Child. Both parents’ signatures must be notarized and may
be done in the presence of a U.S. Consular Officer or
- The final adoption decree, declaring that the court has ordered the child’s complete and unconditional adoption (original and 1 copy with English translation)
- Certified copy of the child’s pre-adoption birth certificate (with English translation)
- The child’s complete new (post-adoption) birth certificate, listing the adopting parents as parents (original and 1 copy with English translation)
- Court records pertaining to the disposition of the birth parent’s rights, including, if applicable, the fact that an unacknowledged father has no parental rights (original and 1 copy with English translation)
- If applicable, records of the child’s stay in an orphanage (with English translation)
- Original passports for the adoptive parent applying for the child’s immigrant visa
- The child’s original Latvian passport issued in the child’s new name
- Immigrant visa fee of U.S. $400. This fee may be paid with clean, unmarked U.S. dollars, Latvian lats equivalent at the Embassy’s exchange rate, or Visa or Mastercard credit cards with proof of identification
- Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, plus a copy of the last year’s federal tax return (Form I-864, Affidavit of Support, should be used if the adoption will be finalized in the U.S.);
- Police clearance letter issued by the
MEDICAL EXAM
Each adopted child must be examined by an Embassy panel physician before an immigrant visa can be issued. Adopting parents
are responsible for making an appointment with the physician listed below. The physical examination required for children
is not exhaustive. If parents wish their child to have a specialized examination or testing, they may ask the Embassy panel
physician for a referral to a specialist. The fee for the exam by the panel physician, which has been established in agreement
with the U.S. Embassy in
Adopting parents should keep several points in mind regarding the medical examination. First, medical exams seem to be quick and somewhat cursory. They should be regarded as a general check-up of the child’s health and not as an in-depth examination designed to find every possible medical problem. Second, medical facilities often lack Western-style equipment for diagnoses; this factor, along with the brevity of the physical exam, means that not every potential medical problem is definitively diagnosed. Finally, please remember that a more expensive examination is not necessarily a more thorough one.
The medical examination process must be completed before the immigrant visa appointment. The medical examination and laboratory tests may only be done at the addresses given below. Each applicant will be required to show his/her passport as identification at each step of the medical process. Please bring one photo of the child to the medical exam. This photo will be attached to the medical examination form and submitted to the Embassy. Medical examinations performed by anyone other than the Embassy panel physician listed below are not accepted.
All applicants 15 years or older must have a full chest X-ray taken at one of the authorized laboratories, and a blood test
for syphilis and HIV infection. Before leaving the X-ray lab, please make sure that the following information is imprinted
on the X-ray: first and last name, passport number, date the X-ray was taken, and the name of the X-ray lab. Applicants 15
years or older must bring the chest X-ray and the results of the blood tests with them to the doctor. The chest X-ray must
be taken to the
Results of the medical examination are valid for one year from the date of examination. All children 14 years or younger must be accompanied to the medical exam by an adopting parent or guardian. The panel physician has the necessary forms in her office. At the conclusion of the examination, the doctor completes several forms and hands them to the parents in a sealed envelope to be delivered to the Embassy at the time of the final interview.
- Mumps
- Measles
- Rubella
- Polio
- Tetanus and Diptheria Toxoids
- Pertussis
- Influenza Type B (HIB)
- Hepatitis B
- Varicella
- Pneumococcal
- Influenza
- Rotavirus
- Hepatitis A
- Meningococcal
- Human Papillomavirus (HPV)
- Zoster
To assist the panel physician and to avoid processing delays, immigrant visa applicants should have their vaccination records available for the panel physician’s review during the medical exam. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if available. If you do not have a vaccination record for your newly adopted child, the panel physician will work with you to determine which vaccinations the child may need to meet the recommendation. Certain waivers of the vaccination requirement are available upon the panel physician’s recommendation. Only a physician can determine which of the listed vaccinations are medically appropriate, given the age, medical history, and current medical condition of the visa applicant. The vaccination requirement can be postponed for children 10 and younger if an adopting parent signs an affidavit prior to the child’s arrival in the U.S. attesting that, within 30 days of the child’s admission to the U.S. or at the earliest time that is medically appropriate, the child will receive the required vaccinations. This affidavit must be completed on the Department of State form and must be notarized, which the consular officer can do at the time of the visa interview.
The per-person fee for a physical exam in
PANEL PHYSICIAN IN
In
Tel. 371- 6732 1980 or 371 – 29139115
Fax: 371- 67321981
E-mail: drcaune2@latnet.lv
ACQUIRING
ADDITIONAL INFORMATION:
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- Country Specific Information - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement
the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information
for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations,
and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that
is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting
- USCIS web site
