On Compliance of Para 1 of Section 163 (4) of the Civil Law provides that the adopter may not be a person, who has been punished for criminal offences related to violence of threatening of violence, regardless of extinguishing of the criminal record or removal thereof.
Case short name: Adoption banThe Constitutional Court held:
1) to terminate legal proceedings regarding compliance of Para 1 of Section 163 (4) of the Civil Law, insofar it establishes an absolute prohibition for persons, who submit an application for adoption of his or her spouse’s child, with Article 96 of the Satversme of the Republic of Latvia;
2) to recognise Para 1 of Section 163 (4) of the Civil Law, insofar it establishes an absolute prohibition for persons, who submit an application for adoption of his or her spouse’s child, as being incompatible with Article 110 of the Satversme of the Republic of Latvia;
3) with respect to persons, who have started defending their rights by general legal remedies, to recongise Para 1 of Section 163 (4) of the Civil Law, insofar it establishes an absolute prohibition for persons, who submit an application for adoption of his or her spouse’s child, as being incompatible with Article 110 of the Satversme of the Republic of Latvia and invalid as of the moment when it was applied to these persons by the Orphan’s Court.