On Compliance of Para 1 of Section 163 (4) of the Civil Law with the Articles 96 and 110 of the Satversme
Adjudicated
Augstākā tiesa
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05.12.2019.
06.12.2019.
On Compliance of Para 1 of Section 163 (4) of the Civil Law with the Articles 96 and 110 of the Satversme
Case short name: Adoption ban
The 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.
