Note:
Latvia is currently revising its law on international adoption.
Procedures are likely to change in 2002

DISCLAIMER: The information in this notice concerning the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be referred to a local attorney

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

PLEASE NOTE: The U.S. Embassy in Riga and the Department of State recommend that U.S. exercise caution when deciding whether to pursue adoption in Latvia. There is some opposition to adoption of Latvian children by foreigners with indications that the new laws, expected to be enacted in 2002, will make the process even more bureaucratic and cumbersome. Additionally, the entire adoption procedure is very time consuming, with possible delays of up to two years to complete all requirements.

Please also note that the U.S. Embassy in Riga is responsible for preparing the I-604, Report of Orphan Investigation. However, the U.S. Embassy in Warsaw is responsible for the issuance of all immigrant visas for applicants from Latvia. It is suggested that prospective adoptive parents request a copy of the Embassy Warsaw's standard information packet from one of the following addresses:

U.S. Embassy
Consular Section
IV Unit/Adoptions
Ul. Piekna 12
00-540 Warsaw, Poland

Tel: 011-48-22-628-3041; Consular Section fax: 011-48-22-625-7290

E-mail inquiries concerning adoptions can be sent to .

General e-mail inquiries can be sent to

U.S. citizens in Latvia are urged to register with the U.S. Embassy in Riga. The Embassy will provide information on outstanding travel advisories, and specific information on U.S. immigration requirements. The Embassy is located at 7 Raina Boulevard, Riga, LV-1510, Latvia; tel: 371- 703-6200; fax: 371-781-4088.

GENERAL: The following is a general guide for U.S. citizens interested in adopting a child in Latvia and applying for an immigrant visa for the child to enter the United States. This process involves complex Latvian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by case basis, to ensure that the legal requirements of both countries have been met, and to ensure the protection of the adoptive parent(s), the biological parent(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Latvia before formalizing an adoption agreement, to ensure that appropriate procedures have been followed that will make it possible for the Embassy in Warsaw to issue a U.S. immigrant visa for the child. Also contact the U.S. Immigration and Naturalization Service early in the process, before you have identified a specific child to adopt.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigration statistics reflect the following pattern for visa issuance to orphans:

FISCAL YEAR 1996: IR-3 Visas Issued to orphans adopted abroad - 34
IR-4 Visas Issued to orphans adopted in the USA - 48
1997: IR-3 Visas - 53, IR-4 Visas - 55
1998: IR-3 Visas - 30, IR-4 Visas - 46
1999: IR-3 Visas - 19, IR-4 Visas - 39
2000(Preliminary): IR-3 Visas - 7, IR-4 Visas - 18

LATVIAN ADOPTION AUTHORITY: The Ministry of Justice and the Ministry of Welfare are jointly responsible for administering inter-country adoptions.

LATVIAN ADOPTION PROCEDURES: Both single individuals and married couples are eligible to adopt. Foreigners interested in adopting a Latvian child should express their interest in writing to the Ministry of Justice of Latvia at the following address:

Civil Registration Department Latvian Ministry of Justice 24 Kalku Street Riga, LV1050 Latvia

The adoption of Latvian children by foreigners is allowed if one or more of the following conditions is met:

1. The prospective adoptive parents are relatives of the child.
2. The child is ill and in need of medical treatment not available in Latvia.
3. The child has health problems and has been available for adoption for one year, but no Latvian adoptive parents have expressed a willingness to adopt the child.
4. The child has been rejected by at least two persons who had applied for adoption, and this fact was verified by records in the child's adoption file.

LATVIAN DOCUMENTARY REQUIREMENTS:
All prospective parents must submit the following documents (in duplicate) in the original, accompanied by an official Latvian translation:

1. The Latvian application form.
2. Information about the sex and age range of the child (children) you are interested in adopting
3. Written, notarized consent of the spouse, if only one spouse of a couple is submitting the application
4. A copy of your marriage certificate, under apostille.
5. A statement about the dwelling space of the family (i.e., size, location, type of residence)
6. A statement about the adoptive family's yearly income.
7. An autobiography (curriculum vitae)
8. A police clearance report from the United States listing all charges with a detailed explanation. A prospective parent would become ineligible to adopt a Latvian child if they have been convicted of a felony or child abuse and neglect.
9. Medical statements:
a) Regarding the health of the family (hereditary illnesses, if any, and any specific illnesses);
b) Specific reports concerning venereal diseases, psychiatric conditions, a lung specialist and a physician specializing in narcotics and drug addiction.
10. A home study conducted by a state adoption agency or a private organization licensed to perform such studies. A home study should have an Apostille like all other documents.

The Latvian Ministry of Justice reviews all applications and determines whether the applicant meets the requirements of the law. If the judgment is favorable, the application is forwarded to the Ministry of Welfare, which matches adoptable children with applicants. (The Ministry of Welfare maintains a list of children who have been abandoned by or taken away from their parents.) The Ministry of Welfare will give the applicant information about available children. Once a child is chosen, the case goes through the Orphan's Court (Barintiesa). Then the city court of the district where the child resides issues the final adoption court decree based on previous findings.

DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child encounter health problems while in Latvia.

U.S.IMMIGRATION REQUIREMENTS

A Latvian child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by U.S. citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Latvia. U.S. citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Latvia for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an U.S. citizen;

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an U.S. citizen. The Department of State encourages U.S. to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov .

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Latvia

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov . U.S. who have adopted or hope to adopt a child from Latvia should request, at the time they file these forms, that INS notify the U.S. Embassy in Latvia as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the US.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

LATVIAN EMBASSY IN THE UNITED STATES: The address of the Latvian Embassy is as follows:
Embassy of Latvia
4325 17th Street, N. W. Washington, DC 20011
Tel: 202- 726-6757 Fax: 202- 726-6785

U.S. EMBASSY IN LATVIA:
The address of the U.S. Embassy in Latvia is as follows: U.S. Embassy
U.S. Citizen Services Consular Section
7 Raina Boulevard Riga, LV 1510 Latvia
Tel: 371-703-6200 Fax: 371-781-4088

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249Y The Immigration of Adopted and Prospective Adopted Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Latvia may be addressed to the Consular Section of the U.S. Embassy in Latvia. You may also contact the Office of Children's Issues, U.S. Department of State, Room 4800 N.S., 2201 C Street, N.W., Washington, DC 20520-4818, telephone: (202) 736- 7000 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone - Office of Children's Issues -Recorded information regarding changes in adoption procedures and general information (202) 736- 7000. - State Department Visa Office -Recorded information concerning immigrant visas for adoptive children(202) 663-1225. - Immigration and Naturalization Service -Recorded information for requesting immigrant visa application forms1-800-870-FORM (3676).

Automated fax -contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet -The Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

Consular Information Sheets -published by the State Department and available for every country in the world, providing information such as the location of the

U.S. Embassy, health conditions political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.

APPLYING FOR U.S. CITIZENSHIP FOR AN ADOPTED CHILD: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, children automatically become U.S. citizens when all of the following requirements have been met: at least one parent is a U.S. citizen; the child is under 18 years of age; there is a full and final adoption of the child; and, the child is admitted to the United States as an immigrant. For further information, please consult with the consular sections at either Embassy Warsaw or Embassy Riga or the nearest office of the Immigration and Naturalization Service.

CONCLUSION: Interested U.S. should be aware that the process of adopting a child in Latvia and bringing the child to the U.S. may be time consuming and difficult. The U.S. Embassy the Department of State stands ready to assist adoptive parents, within the limits of our authority. U.S. citizens arriving abroad to finalize an adoption are advised to proceed carefully with all local foreign adoption procedures. They should also work closely with the U.S. Embassy throughout the adoption process to ensure that the child selected will qualify for U.S. immigration benefits and that all the necessary documents are in order.

© September 2001U.S. Department of State