Biological parents and legal guardian
A child cannot be adopted if his/her biological parents or legal guardians do not agree to the adoption.
Conditions and exceptions
After labour, a child’s mother may suffer from certain negative effects, such as postpartum depression, which can affect her decision to give up her child for adoption. Therefore, the mother may only give her consent to adoption six weeks after labour.
Latvian law sets out other exceptional situations when the consent of parents or legal guardians is not needed.
example Consent to the adoption is not needed if the biological parents are deceased or if parents’ custody rights have been revoked by the court.
Child’s consent
If a child has reached 12 years of age, his/her consent is necessary for the adoption. This is necessary to protect the child’s best interests.
example If the adoptive parents are willing to adopt a child, but the child does not want to join their family, the child’s interests must prevail over those of the prospective parents.
Revocation of consent
The consent of the biological parents, the legal guardian and the child to the adoption may only be revoked up to the moment the child has been given into the care of the prospective adoptive parents.
This restriction is designed to protect the child’s interest in developing in his/her adoptive family without disruption and in enjoying stable emotional relations with the new family. Similarly, it protects the adoptive family’s right to build and enjoy a family life together with the child.