To protect both the child’s and the parents’ interests in preserving the stability of their family relationship, adoption cannot be easily revoked. Therefore, the revocation of adoption is an exceptional situation.
Age of majority
According to Latvian law, adoption may be revoked by a court only after the adoptee has reached the age of majority and if:
- both the adopted child and the adopter agree to the revocation or
- there is no such agreement, but the adopted child can prove that a real parent-child relationship has not developed between him/her and the adopter
Adoption cannot be revoked before a child has reached the age of majority, but in certain situations parental custody rights over the adopted child may be suspended or withdrawn or the child can be seperated from the family.
Reasons & Evaluation
There may be various reasons as to why a child and his or her adopter might be interested in severing a family tie created through adoption.
example A person adopts his or her spouse’s child. After they divorce, the child’s and his/her her adopter’s relationship may also come to an end.
Revocation cannot be based only on procedural flaws in the adoption procedure. It also cannot be used as a means of punishment against the adopted child. The child’s interests, including the interest in legal certainty in such a situation, will always prevail.
example If subsequent evidence reveals that an adoption order was based on fraudulent or misleading evidence, it must not be the sole reason to revoke the adoption and thus remove a child from a family with which he/she has developed a bond.
Consequences
With the revocation of the adoption, the child’s biological parents become his/her legally recognized parents again. All personal and property relations towards his/her biological parents are thus renewed, but are terminated with respect to the adoptive parents.
What human rights violation may there be?
Unlawful revocation of an adoption may lead to a violation of your right to a private and family life.
Read more about how to complain in order to protect your rights.