1 December, 2014
Study and conclusions made therein regarding case-law in adoption issues are accepted at the general meeting of judges of the Department of Civil Cases of the Supreme Court.
The goal of research is to implement united case-law in cases on approval of adoption to promote faster approval of adoption of children and coming of children left without family to their new parents.
The study includes analysis of case-law in issues related to approval of adoption and conclusions are made regarding progression to united case-law, when deciding on change of a child’s name, on annexation of the second name to previous name of the child, on change of a surname, on approval of adoption in cases, when the child of the spouse is adopted, and in cases, when adoption is related to approval of adoption to abroad. The study also includes reflection, how existing case-law solves such issues as change of a part of personal identification number of a child, approval of a single adoptive parent and other issues, and in what cases judgements rendered by the first instance courts were contested under appellate procedure.
The research is prepared observing the case-law as from 2008 until the second half of 2013, when 1439 cases related to adoption were reviewed in the first instance courts. Case-law was analysed reviewing judgements of the first instance courts and the appellate instance courts separately, in total more than 400 judgements rendered by courts in this period were studied. Judgements in adoption cases were not appealed under cassation procedure during this period, thus judicature of the Supreme Court in cases of these categories is unavailable. Only nine cases in their turn were appealed and reviewed in the appellate instance.
The author of research is the doctor of law, the sworn advocate Ingmara Bergmane, who worked in cooperation with the Division of Case-law of the Supreme Court.
In 2004, the Supreme Court performed compilation of court decisions in review of civil cases on determination of origination of a child, approval and annulment of adoption, recovery of child support from parents for maintenance of a child, dissolution and annulment of marriage. Comparing with research performed 10 years ago, number of judgements rendered in case-law increased, including new findings and conclusions, and bringing forward problematic issues, analysis and conclusions of which are included in new research.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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