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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2013.–08.03.2017.
Amendments not included: 09.02.2017., 01.03.2018.

The Saeima1 has adopted
and the President has proclaimed the following Law:

Law On Registration of Civil Status Documents

Chapter I
General Provisions

Section 1. Purpose of this Law

The purpose of this Law is to regulate legal relations in the field of the registration of civil status documents - the fact of marriage, birth and death.

Section 2. Civil Status Document

A civil status document is a fact or an event in the life of a person, which creates, changes or terminates family and other property and non-financial rights and duties related to the kinship of the person.

Section 3. Registration of a Civil Status Document

(1) A civil status document shall be registered by the General Registry institution by drawing up, updating or renewing an entry in the marriage, birth or death register (hereinafter - entry in the register of civil status documents), on the basis of which a document confirming registration of a civil status document shall be issued.

(2) Within the meaning of this Law the General Registry institution is a local government General Registry office (hereinafter - General Registry office) and a diplomatic and consular representation of the Republic of Latvia in a foreign state (hereinafter - representation).

(3) The General Registry office shall register marriage, the notified fact of birth or death, update and renew an entry in the register of civil status documents.

(4) The representation shall accept an application regarding updating or renewing an entry in the register of civil status documents for forwarding to the Ministry of Justice, as well as register:

1) marriage of Latvian citizens and Latvian non-citizens staying in foreign states in case if the life of the groom or bride is endangered by a disease, or in other urgent cases when conclusion of marriage in the General Registry office or the relevant foreign state is not possible;

2) the notified fact of birth;

3) the notified fact of death.

(5) In registering a civil status document or in receiving a repeat document confirming registration of a civil status document, the person shall present a valid personal identification document. In receiving an application regarding entering into of a marriage, in registering marriage, the notified fact of birth or death, the General Registry institution shall verify the provided information in the Population Register. If the information provided to the General Registry institution does not conform to the electronically obtained data, the official of such institution shall evaluate the relevant information according to the presented or submitted documents.

(6) The procedures for registration of civil status documents, sample entries in registers of civil status documents, the procedures for storing entries in registers of civil status documents and samples of such documents which are issued on the basis of entries in registers of civil status documents shall be determined by the Cabinet.

(7) The amount, procedures for payment and relief of the State fee for registration of civil status documents shall be determined by the Cabinet.

Section 4. Refusal to Register a Civil Status Document

(1) The registration of a civil status document shall be refused if:

1) registration of the civil status document is in contradiction with this Law or other laws;

2) the documents submitted or presented by the person do not conform to the requirements laid down in this Law and other laws.

(2) Upon request of such person who has been refused registration of a civil status document, an official of the General Registry institution shall issue a justified refusal to register the civil status document in writing.

(3) A person may appeal a refusal to register a civil status document to a court in accordance with the procedures laid down in the Administrative Procedure Law.

Section 5. Entries in Registers of Civil Status Documents

(1) The concluded marriage, the notified fact of birth or death shall be registered by making a relevant entry in the marriage, birth or death register.

(2) Information regarding dissolution of marriage shall be indicated in an entry in the marriage register.

(3) Information regarding recognition of paternity, determination of paternity, determination of the fact of paternity, contesting of the assumption of paternity, recognition of paternity as non-existing, approval of adoption, revocation of adoption shall be indicated in an entry in the birth register.

(4) Information in the register of civil status documents shall be entered in the official language. Person's names shall be entered in accordance with the norms of the literary Latvian language regarding orthography and use of person's names. The original form of the given name and surname of a foreigner shall be entered in transliteration of the Roman alphabet according to the entry in a valid personal identification document.

Section 6. Right to Get Acquainted with Entries in Registers of Civil Status Documents and to Request Repeatedly Documents Confirming Registration of Civil Status Documents

(1) An official of the General Registry office, an employee and a career consular official in representation shall maintain confidentiality in carrying out work duties and shall not disclose the acquired information illegally.

(2) According to an application of a person the General Registry institution or the Ministry of Justice shall re-submit the documents referred to in Section 47, Paragraph one of this Law, if the civil status document is registered with the General Registry institution. If dissolution of marriage has been registered with the General Registry office by 31 August 1994, the General Registry office or the Ministry of Justice shall issue a statement regarding dissolution of marriage according to the entry in the register of dissolution of marriage or a statement regarding registration of marriage or dissolution of marriage according to the entry in the marriage register. If marriage was dissolved after 31 August 1993, the General Registry office or the Ministry of Justice shall issue a statement regarding registration of marriage or dissolution of marriage according to the entry in the marriage register.

(3) A person has a duty to request repeatedly a document confirming registration of a civil status document, if it contains inaccuracies or damages due to which it is impossible to read the indicated information, or it was issued in the General Registry office in accordance with the procedures laid down in the Marriage and Family Code of Latvian S.S.R. and such document must be presented or submitted to a foreign institution.

(4) A person regarding whom entry was made or his or her authorised person has the right to get acquainted with an entry in the marriage register and to request a marriage certificate, a statement regarding registration of marriage or a copy of the entry in the marriage register.

(5) A person regarding whom entry was made or his or her authorised person has the right to get acquainted with an entry in the birth register (except an entry in the register which is related to adoption) and to request a birth certificate, a statement regarding registration of birth or a copy of the entry in the birth register. Parents or legal representative of the child have the right to get acquainted with an entry in the birth register of a minor person and to request a birth certificate, a statement regarding registration of birth or a copy of the entry in the birth register.

(6) The person regarding whom entry was made has the right to get acquainted with an entry in the birth register of an adopted person of legal age and to request a birth certificate, a statement regarding registration of birth or a copy of the entry in the birth register. Adopter or legal representative of the child has the right to get acquainted with an entry in the birth register of a minor adopted person and to request a birth certificate, a statement regarding registration of birth or a copy of the entry in the birth register.

(7) Relative of a deceased person has the right to get acquainted with an entry in the death register and to request a death certificate, a statement regarding registration of death or a copy of the entry in the death register.

(8) Another person has the right to request and receive a statement regarding registration of a civil status document if he or she proves his or her legal interest.

(9) A copy of the entry in the register of civil status documents shall be issued to the court, the Prosecutor's Office, investigative institution, the Ministry of Justice, the General Registry institution, the Orphan's Court and the notary.

Chapter II
Information System for Registration of Civil Status Documents

Section 7. Information System for Registration of Civil Status Documents

(1) The General Registry institution shall include, update and renew information regarding marriages concluded, registered facts of birth and death in the Information System for Registration of Civil Status Documents (hereinafter - unified register of civil status documents) in conformity with Section 3, Paragraphs three and four of this Law.

(2) The unified register of civil status documents is State information system managed and held by the Office of Citizenship and Migration Affairs.

(3) The procedures by which the General Registry institution, the Ministry of Justice and the Office of Citizenship and Migration Affairs shall include, update and renew information regarding civil status documents in the unified register of civil status documents, as well as the extent of such information and the procedures by which it shall be issued from the unified register of civil status documents shall be determined by the Cabinet.

Section 8. Registration of Entries in Registers of Civil Status Documents

Registration of entries in registers of civil status documents shall be conducted individually according to the types of registers of civil status documents. Entry numbers of registers of civil status documents shall be assigned in chronological order depending on the time when the relevant fact or event was registered.

Section 9. Computer Print-out of an Entry in the Register of Civil Status Documents

(1) The General Registry institution shall prepare a computer print-out of an entry in the register of civil status documents after inclusion of the information referred to in Section 7, Paragraph one of this Law in the unified register of civil status documents.

(2) The computer print-out referred to in Paragraph one of this Section shall be signed by an official or employee of the General Registry institution and the person to whom the entry in the register of civil status documents applies, or the person who is the declarant of the relevant fact, and it shall be approved with a seal with the State coat of arms.

Chapter III
General Registry Office

Section 10. Establishment of a General Registry Office

(1) A General Registry institution shall be established by a city or municipality local government. The administrative territory of the relevant city or municipality shall be the territory of operation of the General Registry office, except the cases referred to in Paragraph two of this Section.

(2) After co-ordination with the Ministry of Justice a local government may establish several General Registry offices in one republic city or municipality or also several local governments may establish a joint General Registry office. In such cases the territory of operation of each General Registry office shall be determined. The Minister for Justice may suggest a local government (local governments) to examine an issue regarding reorganisation of a General Registry office (offices).

(3) The name of a General Registry office shall be created by adding the words "General Registry Office" to the relevant name of the administrative territory of operation of the General Registry office.

(4) Information regarding establishment of a General Registry office or amending of the territory of operation thereof shall be published in the official gazette Latvijas Vēstnesis [the official Gazette of the Government of Latvia] and on the Internet home page of the relevant local government.

(5) Each General Registry office shall have a seal with an image of the supplemented lesser State coat of arms and the full name of the General Registry office.

(6) Financial resources for the operation of the General Registry office shall be assigned by the relevant local government.

Section 11. Supervision of a General Registry Office

(1) Supervision of a General Registry office shall be carried out by the Minister for Justice.

(2) The Ministry of Justice shall supervise the compliance with laws and regulations in registration of civil status documents, as well as manage the General Registry office methodologically.

Section 12. Officials and Employees of a General Registry Office

(1) An official and employee of a General Registry office shall by hired by the relevant local government. An official of the General Registry office shall be appointed to his or her position after co-ordination with the Ministry of Justice.

(2) Within the meaning of this Law officials of the General Registry office are the head of the General Registry office and the deputy head of the General Registry office. The General Registry office may have no more than two deputy heads of the General Registry office.

(3) The following person may be an official of the General Registry office:

1) a citizen of Latvia;

2) has reached at least 25 years of age;

3) has acquired at least first level vocational higher education in law;

4) is proficient in the official language.

(4) The insignia of office of the head of the General Registry office shall be determined by the Cabinet.

Section 13. Rights and Obligations of Officials and Employees of the General Registry Office

(1) The head of a General Registry office shall be responsible for the operation of the General Registry office.

(2) An official of the General Registry office shall register marriage and renew an entry in the register of civil status documents. The fact of birth and death may be registered and an entry in the register of civil status documents may be updated by an employee of the General Registry office.

(3) An official or employee of the General Registry office shall not perform registration of civil status documents if it is related to the official or employee himself or herself, his or her spouse, relatives up to the fourth degree and affines up to the third degree, his or her adopters or adoptees, to a person under guardianship or trusteeship of the official or employee and his or her spouse or also if the official or employee is the person notifying the fact to be registered.

(4) An interested person may contest the actual action of the official or employee of the General Registry office in accordance with the procedures laid down in the Administrative Procedure Law.

Section 14. Tasks of a General Registry Office

A General Registry office shall perform the following tasks:

1) register marriage, notified facts of birth and death and marriages concluded by ministers of the denominations indicated in Section 51 of the Civil Law;

2) issue documents confirming registration of civil status documents;

3) keep files of updating and renewal of entries in registers of civil status documents;

4) update and renew entries in registers of civil status documents;

5) keep files related to changing the entry of the given name, surname and nationality;

6) retain the record group of the General Registry office.

Section 15. Duty to Provide Information and to Submit Documents to a General Registry Office

(1) All persons and institutions have a duty to provide a General Registry office with free-of-charge information that is necessary for the registration of civil status documents, as well as to ensure the General Registry office with the relevant documents.

(2) The person shall be liable according to the law for providing false information to a General Registry office.

Section 16. Duty of a General Registry Office to Provide Information

(1) A General Registry office shall notify the Orphan's Court:

1) regarding birth of a child to a minor person;

2) if in registering the fact of death it becomes known that minor children of the deceased person are left without parental care.

(2) A General Registry office shall inform the Consular Department of the Ministry of Foreign Affairs regarding registration of the fact of death of a foreigner (except a person who has been recognised as a stateless person in the Republic of Latvia).

Chapter IV
Registration of Marriage

Section 17. Documents Required for Conclusion of Marriage

(1) Persons who wish to conclude marriage shall submit to a General Registry institution a joint submission of a specific sample, signed by both parties. Upon submitting the submission they shall present a valid personal identification document.

(2) Persons who have previously been in another marriage and information regarding dissolution of marriage has not been included in the Population Register shall present one of the following documents:

1) the death certificate of the former spouse;

2) the certificate of dissolution of marriage issued by a General Registry office or a sworn notary;

3) a court judgment which has entered into lawful effect and by which marriage has been dissolved or recognised as invalid;

4) an extract or statement from the register of dissolution of marriage or the marriage register with information regarding dissolution of marriage.

(3) If a person who wishes to conclude marriage is a minor, a written permit of parents or guardians of such person or the Orphan's Court shall be appended to the submission.

(4) If it is not possible for a person who wishes to conclude marriage to obtain the document referred to in Paragraph two of this Section, it shall be substituted with a court judgment regarding determination of the relevant fact.

(5) If persons wish to conclude marriage not in the General Registry institution in which they submitted the submission regarding concluding marriage, but in another General Registry institution or by a minister, the General Registry institution in which the submission regarding concluding marriage was submitted shall issue a statement regarding checking of the documents necessary for concluding marriage to them. The statement shall be valid for six months after the day it was issued.

Section 18. Right of a Foreigner to Conclude Marriage

(1) A citizen of the European Union, European Economic Area state or the Swiss Confederation or a citizen of another state, a stateless person, a refugee or a person who has been granted alternative status and who at the time of concluding marriage is entitled to stay in the Republic of Latvia, may conclude marriage with a citizen of the Republic of Latvia, a non-citizen of the Republic of Latvia, a citizen of the European Union, European Economic Area state or the Swiss Confederation or a citizen of another state, a stateless person, a refugee or a person who has been granted alternative status and who at the time of concluding marriage is entitled to stay in the Republic of Latvia.

(2) In addition to the documents referred to in Section 17 of this Law a foreigner shall submit a document issued by the competent authority of the relevant foreign state regarding marital status.

(3) If a person who has been granted the status of a stateless person in the Republic of Latvia, a refugee status or an alternative status does not have the necessary documents and it is not possible to obtain such documents, the relevant documents shall be substituted with a written declaration of the referred-to person regarding his or her marital status.

(4) An official of the General Registry office is entitled to determine another time for registering the marriage, which is no less than a month, but no longer than six months from the day when the submission was accepted, in order to check the presented and submitted documents.

Section 19. Registration of Marriage

(1) Marriage shall be registered in the General Registry institution on a specific day in presence of the persons who wish to conclude marriage and to witnesses of legal age, if the obstacles for concluding marriage indicated in Sections 32, 35, 37 and 38 of The Civil Law have not become known.

(2) Upon request of persons an official of the General Registry office may register marriage in another appropriate place, if the persons who wish to conclude marriage ensure conditions appropriate or corresponding for registration of marriage.

(3) The General Registry institution shall ensure solemn registration of marriage, if persons wish for it. During registration of marriage the official of the General Registry office shall wear the insignia of office.

(4) If a citizen of Latvia or a non-citizen of Latvia concludes marriage outside the Republic of Latvia in conformity with the laws of such foreign state in the territory of which the marriage is concluded, such marriage shall be valid in the Republic of Latvia, if the provisions of Sections 32, 35, 37 and 38 of the Civil Law have been complied with.

(5) The procedures for registration of marriage at a place of imprisonment shall be determined by the Cabinet.

Section 20. Registration of Marriage Concluded by a Minister

(1) The General Registry office shall also register marriages concluded by ministers of the denominations indicated in Section 51 of The Civil Law.

(2) If persons for whom the obstacles for concluding marriage indicated in Sections 32, 35, 37 and 38 of the Civil Law are established at the time of concluding marriage have concluded marriage with a minister, the General Registry office shall make an entry in the marriage register and notify the State Police Board of territorial competence thereof.

(3) Ministers of the denominations indicated in Section 51 of the Civil Law shall comply with all provisions of this Law regarding registration of marriage and State fee in registering marriage.

Section 21. Information to be Included in an Entry in the Marriage Register

(1) The following information shall be indicated in an entry in the marriage register:

1) the date of concluding the marriage;

2) the name of the General Registry institution, which registers the marriage;

3) the place of concluding the marriage;

4) the given name, surname of spouses before concluding the marriage, the surname after concluding the marriage, personal identity number (if such has been granted), the marital status, the place of residence, the date and place of birth, the nationality, the ethnicity;

5) which marriage (by number) each spouse concludes;

6) a document confirming termination of the previous marriage if the person has been married;

7) the given name, surname, personal identity number or date of birth of witnesses;

8) the marriage certificate number.

(2) The computer print-out of the entry from the marriage register shall be signed by the spouses, witnesses and official of the General Registry institution. The computer print-out of the entry from the marriage register shall be approved with a seal with the State coat of arms.

Section 22. Issuance of a Marriage Certificate

After registration of marriage an official of the General Registry institution or a minister shall issue a marriage certificate to the spouses.

Section 23. Additions to the Marriage Register

(1) An entry in the marriage register shall be supplemented with information regarding dissolution of marriage, recognition of marriage as invalid, change in the entry of the given name, surname, ethnicity, personal identity number, nationality or gender change of the spouse.

(2) An entry in the marriage register shall be supplemented on the basis of a court judgment, a true copy of a foreign court judgment which conforms to the conditions according to which the authenticity thereof may be established, as well as on the basis of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, adding translation of the relevant documents in the official language, certified in accordance with the procedures laid down in laws and regulations, and on the basis of a notification of the notary regarding dissolution of marriage.

Chapter V
Registration of the Fact of Birth

Section 24. Notification Regarding the Birth of a Child

(1) The General Registry institution shall be notified regarding the birth of a child within a month after the child is born.

(2) In notifying regarding the birth of a child, a medical certificate issued by a medical treatment institution or a medical practitioner that confirms the fact of birth shall be submitted.

Section 25. Persons who have a Duty to Notify Regarding the Birth of a Child

(1) The father or mother of a child has a duty to notify regarding the birth of the child. The father and mother of the child may authorise another person to notify regarding the birth of the child in accordance with the procedures laid down in law.

(2) If the parents of a child are deceased or the birth of a child may not be notified due to other reasons, a medical practitioner or other person who was present at childbirth has a duty to notify regarding the birth of the child.

(3) If the child was born in a shelter or a place of imprisonment, the head of the relevant institution has a duty to notify regarding such birth in writing. The birth of the child and the presence of his or her parents in the place of imprisonment shall not be indicated in the entry in the birth register.

(4) If none of the persons referred to in this Section have notified the birth of a child and the birth of the child has become known to a local government, such local government has a duty to notify the General Registry office in writing regarding the birth of the child.

Section 26. Registration of the Fact of Birth

(1) A General Registry office shall ensure solemn registration of the fact of the birth of a child if the parents wish for such registration. During solemn registration of the fact of the birth of a child the official of the General Registry office shall wear the insignia of office.

(2) The General Registry office may also register the fact of the birth of a child in a medical treatment institution, which ensures assistance in delivery.

(3) After registration of the fact of the birth an official or employee of the General Registry institution shall issue a birth certificate to the parents of the child or the person who notified regarding the fact of the birth.

Section 27. Registration of the Birth of Twins and Multiple Children

If twins or multiple children are born, the birth of each child shall be registered individually. The sequence of the births of the children shall be indicated in the entry in the birth register.

Section 28. Registration of a Stillborn Child or Child who Died at Birth

(1) If a child is stillborn or has died at birth, a medical treatment institution or a medical practitioner has a duty to notify the General Registry office thereof within eight days.

(2) In registering a stillborn child or a child who died at birth, the following shall be indicated in his or her entry in the birth register: "Bērns piedzimis nedzīvs." [The child was a stillborn.] or "Bērns miris dzemdībās." [The child died at birth.] In such case registration of the fact of death shall not be performed. A statement regarding registration of the birth shall be issued to the persons referred to in Section 26, Paragraph three of this Law.

(3) If a child lived for a short period of time (also a few minutes) after birth, the fact of both his or her birth and death shall be registered. In such case a statement regarding registration of the birth and a death certificate shall be issued to the persons referred to in Section 26, Paragraph three of this Law.

Section 29. Registration of the Fact of Birth of a Foundling

(1) A foundling is a child found whose parents are unknown.

(2) A person who has found the child referred to in Paragraph one of this Section shall notify the State Police Board of territorial competence thereof without delay.

(3) The relevant local government authority in co-operation with a medical treatment institution shall determine the possible time and place of birth of the child, give the child a given name and surname and notify the General Registry office thereof.

(4) If the child was placed in a baby hatch, a medical treatment institution shall determine the possible time and place of birth of the child, give the child a given name and surname and notify the General Registry office thereof.

(5) In the case referred to in Paragraphs three and four of this Section the following shall be indicated in the entry in the birth register: "Atradenis, vecāki nezināmi." [Foundling. Parents unknown.]

Section 30. Overdue Notification Regarding the Birth of a Child

(1) If notification regarding the birth of a child is overdue by more than a month, the fact of the birth of the child shall be registered after ascertaining the circumstances of delay. The fact of the birth shall be registered on the basis of a submission by one or both parents, or other interested persons.

(2) The fact of the birth for a person of legal age shall be registered on the basis of a submission of the relevant person of legal age.

(3) In the cases referred to in Paragraphs one and two of this Section a medical certificate issued by a medical treatment institution or a medical practitioner, certifying the fact of the birth, shall be submitted to the General Registry institution.

Section 31. Information to be Included in an Entry in the Birth Register

(1) The following information shall be indicated in an entry in the birth register:

1) the given name, surname, personal identity number (if such has been granted), sex, ethnicity, nationality (if such has been determined) and place of residence of the child. If the child is stillborn or died at birth, the given name need not be written;

2) the time and place of the birth of the child;

3) the given name, surname, personal identity number (if such has been granted), date of birth, address of the place of residence, ethnicity and nationality of the parents;

4) the number, issuing authority and date of issue of a personal identification document of the parents, if parents of the child are not citizens of Latvia or non-citizens of Latvia;

5) a document, on the basis of which information regarding the father of the child is entered (the number, date and place of drawing up of the marriage register or the number, date and place of submitting the submission for recognition of paternity, or the number and date of a court judgment in legal force and the court which rendered the judgment);

6) the given name, surname, personal identity number or date of birth of the person, if the person has not been granted a personal identity number, who notified regarding the birth of the child, and relation to the child (for example, father, mother, medical practitioner, head of an institution);

7) the birth certificate number;

8) the date when the medical treatment institution or medical practitioner issued the medical certificate that certifies the fact of birth, and the number of the referred-to certificate.

(2) The computer print-out of an entry in the birth register shall be signed by the person who notified regarding the birth of a child and an official or employee of a General Registry institution. If a written notification of an institution has been received, it shall be indicated that an entry in the birth register has been made on the basis of the relevant notification. The computer print-out of the entry from the birth register shall be approved with a seal with the State coat of arms.

Section 32. Given Name, Surname and Ethnicity of a Child

(1) The given name of a child shall be entered in accordance with an instruction of the parents. If the parents are unable to reach an agreement, the given name of the child shall be entered in accordance with a decision of the Orphan's court. A child may not be given more than two names.

(2) The surname of a child shall be entered in accordance with the surname of the parents. If the parents have different surnames, the child shall be given either the surname of the father or of the mother in accordance with an agreement between the parents. If the parents are unable to reach an agreement, the surname of the child shall be entered in accordance with a decision of the Orphan's court.

(3) If until the birth of the child the mother of the child has not concluded marriage or the paternity of the child has not been recognised, the surname of the child shall be entered in accordance with the surname of the mother.

(4) The ethnicity of the child, in accordance with an agreement between the parents, need not be entered or the ethnicity of relatives of the child shall be entered in direct ascending line within two generations. If the parents are unable to reach an agreement, the ethnicity of the child shall be entered in accordance with a decision of the Orphan's court.

Section 33. Address of the Place of Residence of a Child

The address of the place of residence of a child shall be entered upon instruction of the persons referred to in Section 25 of this Law.

Section 34. Information Regarding the Parents of a Child

(1) Information regarding the mother of a child shall be entered on the basis of a medical certificate issued by a medical treatment institution or a medical practitioner, confirming the fact of the birth of the child.

(2) Information regarding the father of the child shall be entered on the basis of one of the following documents:

1) a marriage certificate or another document confirming concluding marriage, if the mother of the child has not concluded marriage until the birth of the child;

2) a paternity recognition submission, if the father and the mother of the child have not concluded mutual marriage, however, they have submitted a joint paternity recognition submission to the General Registry office;

3) a joint paternity recognition submission of the mother of the child, the husband of the mother of the child or the former husband of the mother of the child and the biological father of the child with a request to enter the biological father of the child as the father of the child in the birth register, not the husband or former husband of the mother of the child;

4) a marriage certificate or another document which confirms concluding marriage, and a document which confirms the termination of such marriage, if the marriage of the mother of the child and her husband has been dissolved or recognised as non-existing or the spouse has died and not more than 306 days have passed from the day when the spouse died until the birth of the child.

(3) If the mother of the child has concluded new marriage within the time period referred to in Paragraph two, Clause 4 of this Section after termination of marriage, information regarding the father of the child shall be entered in accordance with Paragraph two, Clause 1 of this Section.

(4) If the mother of the child is not in marriage and the paternity of the child has not been recognised or determined until the fact of the birth is registered, only information regarding his or her mother shall be entered in the birth register.

Section 35. Supplementation of an Entry in the Birth Register after Recognition, Determination of Paternity or Establishment of the Fact of Paternity

(1) An entry in the birth register shall be supplemented with information regarding the father of a child if the paternity of the child has been recognised, determined or the fact of paternity has been established in accordance with the procedures laid down in Sections 154, 155, 157 and 158 of The Civil Law.

(2) The parents of the child shall submit a joint paternity recognition submission and other documents confirming the consent of the persons to recognition of paternity, provided for in The Civil Law, to the General Registry institution. A paternity recognition submission may be submitted by one of the parents, if an official of the General Registry institution, a sworn notary, the Orphan's Court or a career consular official has certified the authenticity of the signature of the absent father or mother on the paternity recognition submission.

Section 36. Supplementation of an Entry in the Birth Register after Approval or Revocation of Adoption

(1) An entry in the birth register shall be supplemented on the basis of a court judgment that has entered into legal effect:

1) on approval of adoption, if adoption has been approved in accordance with the procedures provided for in Section 171 of the Civil Law;

2) on revocation of adoption, if adoption has been revoked in accordance with the procedures provided for in Section 175 of the Civil Law.

(2) The parents of the child shall submit the court judgment indicated in Paragraph one of this Section to the Ministry of Justice. The Ministry of Justice may obtain such judgment using the database of the Court Information System.

(3) Adopters shall not be entered as parents in the entry in the birth register, if it is determined in a court judgment.

(4) The personal identity number of the child shall be changed in the entry in the birth register, if it is stated in the court judgment or the parents of the child express a wish to change his or her personal identity number due to adoption or revocation of adoption.

Section 37. Other Supplementations to the Entry in the Birth Register

(1) An entry in the birth register shall be supplemented if:

1) the person changes the given name, surname, personal identity number, nationality, entry of ethnicity or sex;

2) any of the parents of the person changes the given name, surname, personal identity number, nationality, entry of ethnicity or sex;

3) adoption has been approved, adoption has been revoked, the entry regarding the father or mother of the person has been cancelled, parents of a foundling have become known, parents have been withdrawn the right of guardianship or the entry regarding the father has been deleted, if it has been performed in accordance with the procedures laid down in Section 58 of the Marriage and Family Code of the Latvian S.S.R.

(2) The birth register shall be supplemented on the basis of a court judgment, a decision of the Orphan's Court, an administrative act, a medical certificate or another document certifying the change of sex, or a submission of the person.

Chapter VI
Registration of the Fact of Death

Section 38. Notification Regarding the Fact of Death

The fact of death shall be notified to the General Registry institution within not less than six days from the time when the death set in or when the deceased was found.

Section 39. Persons who have a Duty to Notify Regarding the Fact of Death

(1) The spouse, another family member or another person who has become aware of the fact of death of a person has a duty to notify regarding the fact of death.

(2) If a person has died at a medical treatment institution, social care or rehabilitation institution, assisted living residence or place of imprisonment and the persons referred to in Paragraph one of this Section have not notified regarding the fact of death, the head of the relevant medical treatment institution, social care or rehabilitation institution, assisted living residence or place of imprisonment or his or her authorised person has a duty to notify regarding the fact of death in writing.

(3) If the persons referred to in Paragraphs one and two of this Section have not notified regarding the fact of death and information regarding the death of a person has become known to a local government, it has a duty to notify regarding the fact of death in writing.

(4) If an investigation is conducted in relation to the death of a person, an investigative or inquiry institution has a duty to notify regarding the fact of death in writing.

Section 40. Documents Confirming the Fact of Death

(1) The fact of death shall be registered on the basis of one of the following documents:

1) a medical certificate of a medical treatment institution or a medical practitioner on the cause of death;

2) a court judgment on the fact of establishing the fact of death or declaration of the person as deceased;

3) a notification of rehabilitation institutions on the death of a politically repressed person.

(2) After registering the fact of death an official or employee of the General Registry institution, upon request, shall issue a death certificate to the person who notified regarding the fact of death.

Section 41. Information to be Included in the Death Register

(1) The following information shall be indicated in an entry in the death register:

1) the given name, surname, personal identify number (if such has been granted), the nationality (if such has been determined) and place of residence of the deceased;

2) the place and time of death;

3) the date and place of birth of the deceased;

4) the marital status of the deceased (if the deceased was married - the given name and surname of his or her spouse);

5) the given name, surname and personal identity number of the parents of the deceased;

6) the cause of death;

7) the given name, surname, personal identity number or date of birth of the person who notified regarding the fact of death, as well as the relation of such person to the deceased;

8) the number, issuing authority and date of issue of a personal identification document of the deceased;

9) the number of the death certificate;

10) the issuing authority of the medical certificate regarding the cause of death (medical treatment institution or medical practitioner), the date and number of issue of such certificate.

(2) The person who notified regarding the fact of death and the head or employee of the General Registry institution shall sign the computer print-out of the entry in the death register. If a written notification of an institution has been received, it shall be indicated that an entry has been made on the basis of the relevant notification. The computer print-out of the entry in the death register shall be confirmed with a seal with the State coat of arms.

Section 42. Registration of the Fact of Death of an Unknown Person

(1) The fact of death of an unknown (unidentified) person shall be confirmed by a medical certificate of a medical treatment institution regarding the cause of death.

(2) If the deceased is identified later, the missing information shall be entered on the basis of a statement issued by a medical treatment institution regarding the recognition of the person (body), a decision of an inquiry institution, or a court judgment.

Chapter VII
Retention, Updating and Renewal of Entries in Registers of Civil Status Documents

Section 43. Retention of Entries in Registers of Civil Status Documents

(1) Entries in registers of civil status documents shall be retained in printed form in one copy and in electronic form in the unified register of civil status documents.

(2) The General Registry office which performed registration of civil status documents shall retain entries in registers of civil status documents in printed form for 100 years and afterwards shall transfer them to the National Archives of Latvia.

Section 44. Updating of an Entry in the Register of Civil Status Documents

(1) Updating of an entry in the register of civil status documents is correcting, supplementating or cancelling an entry made previously in the register of civil status documents.

(2) The General Registry office shall correct mistakes in an entry in the register of civil status documents and enter the missing or new information according to a submission of the interested person, if the civil status document has been registered with the General Registry institution, if there are sufficient grounds for correcting or supplementation of the entry and if there is no dispute between the interested persons.

(3) If the General Registry office does not have sufficient grounds for correcting or supplementing an entry in the register of civil status documents or if there is a dispute between the interested persons, or the entry in the register of civil status documents was made in a foreign state, the entry in the register of civil status documents shall be corrected or supplemented on the basis of a court judgment or a decision of the Orphan's Court.

(4) According to a submission of the mother or a person of legal age an entry regarding the father of the child, if it was made in accordance with the procedures laid down in Section 58 of the Marriage and Family Code of the Latvian S.S.R., shall be cancelled on the basis of an opinion of an official of the General Registry office.

(5) An entry in the register of civil status documents shall be cancelled on the basis of a court judgment. An unjustifiably renewed or repeatedly drawn-up entry in the register of civil status documents shall be cancelled on the basis of a decision of the Ministry of Justice.

Section 45. Renewal of an Entry in the Register of Civil Status Documents

(1) Renewal of an entry in the register of civil status documents is re-registration of a previously registered civil status document, which has been destroyed or lost.

(2) The General Registry office shall renew an entry in the register of civil status documents on the basis of a submission of such person regarding whom the entry in the register of civil status documents was drawn up, and documents confirming that the relevant civil status document had been registered. An entry in the death register shall be renewed on the basis of a court judgment.

(3) If there are no sufficient grounds for renewal of an entry in the register of civil status documents, an official of the General Registry office shall issue a written refusal to the person to restore an entry in the register of civil status documents. In such case an entry in the register of civil status documents shall be renewed on the basis of a court judgment.

(4) A civil status document registered in foreign states shall be renewed by the Riga City General Registry Office on the basis of a court judgment.

Chapter VIII
Legal Force of Entries in Registers of Civil Status Documents and Documents Certifying Registration

Section 46. Evidentiary Value of Entries in Registers of Civil Status Documents and Documents Certifying Registration

(1) The entries in registers of civil status documents in the unified register of civil status documents and in printed form and the documents certifying registration issued on the basis thereof shall prove the conclusion of marriage, registration of the fact of birth and death and other information indicated in the entries in registers of civil status documents.

(2) If a signed and approved entry in the register of civil status documents in printed form and the relevant entry in the unified register of civil status documents contains contradicting information, the relevant entry in printed form shall be given preference.

(3) The registered facts may be appealed to a court in accordance with the procedures laid down in the Administrative Procedure Law.

Section 47. Documents Certifying the Registration of Civil Status Documents

(1) On the basis of entries in registers of civil status documents, the General Registry institution and the Ministry of Justice shall issue the following documents certifying registration of civil status documents:

1) marriage, birth or death certificate;

2) a statement regarding registration of a civil status document;

3) an entry in the register of civil status documents, which are retained in the relevant institution in printed form (copy);

4) a computer print-out of an entry in the register of civil status documents.

(2) The documents referred to in Paragraph one of this Section shall be signed by an official of the General Registry institution and approved with a seal with the State coat of arms.

(3) The Ministry of Justice shall ensure the making of blank forms for marriage certificates to be issued by a minister.

Section 48. Marriage Certificate

The following information shall be indicated in a marriage certificate:

1) the given name, maiden surname and marital surname, personal identity number (if such has been assigned) of the spouses;

2) the date and place of birth of the spouses;

3) the nationality of the spouses;

4) the place where marriage was concluded, the date of concluding marriage and the number in the marriage register;

5) the issuer of the marriage certificate and the date when the certificate was issued.

Section 49. Birth Certificate

(1) The following information shall be indicated in a birth certificate:

1) the given name, surname, personal identity number (if such has been assigned) and the ethnicity of the child;

2) the time and place of the birth of the child;

3) the given name, surname, personal identity number (if such has been assigned), the nationality and ethnicity of the parents;

4) the institution which registered the fact of the birth, the date and the number in the birth register;

5) the institution which issued the birth certificate and the date when the certificate was issued.

(2) If the mother or father of a child is unknown, the relevant boxes of the birth certificate shall not be filled in.

(3) The adopters shall not be entered as the parents in the birth certificate of an adopted child, if it has been specified in a court judgment regarding approval of adoption.

Section 50. Death Certificate

The following information shall be indicated in a death certificate:

1) the given name, surname, personal identity number (if such has been assigned) of the deceased;

2) the date and place of birth of the deceased;

3) the date and place of death;

4) the institution which registered the fact of death, the date when the fact of death was registered and the number in the death register;

5) the institution which issued the death certificate and the date when the certificate was issued.

Transitional Provisions

1. The Civil Status Documents Law (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 2005, No. 8; 2006, No. 12; 2009, No. 13; Latvijas Vēstnesis, 2010, No. 183) is repealed.

2. The Cabinet shall issue the regulations referred to in Section 2, Paragraphs six and seven, Section 7, Paragraph three, Section 12, Paragraph four and Section 19, Paragraph five of this Law not later than six months after coming into force of this Law. Until the day of coming into force of the relevant Cabinet regulations, the following Cabinet Regulations shall be applicable, insofar as they are not in contradiction with this Law:

1) Cabinet Regulation No. 457 of 28 June 2005, Regulations Regarding the Amount and Payment Procedures of the State Fee for Registration of Civil Status Documents;

2) Cabinet Regulation No. 477 of 28 June 2005, Regulations Regarding the Insignia of Office of the Head of the General Registry Office;

3) Cabinet Regulation No. 486 of 28 June 2005, Procedures for Entering into Marriage in a Place of Imprisonment;

4) Cabinet Regulation No. 904 of 29 November 2005, Regulations Regarding the Procedures for Registration of Civil Status Documents, Sample Registers of Civil Status Documents, the Procedures and Time Periods for Retention of Registers, as well as Samples of such Documents which are Issued on the Basis of Entries in Registers.

3. Inclusion of the information referred to in Section 7, Paragraph one of this Law in the unified register of civil status documents shall be commenced on 1 January 2013.

4. The requirement referred to in Section 12, Paragraph three, Clause 3 of this Law shall not apply to an official of the General Registry office who has commenced employment relations until the day of coming into force of this Law.

5. The unified register of civil status documents shall replace the current entries in registers of civil status documents in printed form, preserving the data laid down in law. The current entries in registers of civil status documents and alphabetical indices in printed form shall be retained in the archives of the General Registry office for 100 years and afterwards transferred to the National Archives of Latvia.

6. Until the day when inclusion of the information referred to in Section 7, Paragraph one of this Law in the unified register of civil status documents is commenced:

1) the General Registry office shall make an entry in the register of civil status documents in printed form in two copies - one copy shall be retained at the General Registry office, other copy shall be transferred by the General Registry office to the Central Statistical Bureau not later than until the fifth date of the following month. At the end of the year the Central Statistical Bureau shall transfer an entry in the register of civil status documents for retention to the Ministry of Justice;

2) the representation shall make an entry in the register of civil status documents in printed form in two copies - one copy shall be sent to the Ministry of Justice with the intermediation of the Consular Department of the Ministry of Foreign Affairs at the end of each quarter, and the Ministry of Justice shall examine it and transfer for retention to the General Registry office of the Riga City and shall send the other copy to the Central Statistical Bureau. At the end of the year the Central Statistical Bureau shall transfer an entry in the register of civil status documents for retention to the Ministry of Justice.

7. Until the day when inclusion of the information referred to in Section 7, Paragraph one of this Law in the unified register of civil status documents is commenced, the General Registry office and the Ministry of Justice shall update and renew entries in the register of civil status documents in accordance with the current procedures.

8. If a copy of the entry made in the register of civil status documents until the day when inclusion of the information referred to in Section 7, Paragraph one of this Law in the unified register of civil status documents is commenced has been completely or partially destroyed, it shall be replaced with a second copy of the relevant entry in the register of civil status documents.

9. Entries in the register of civil status documents, which have been made until the day when inclusion of the information referred to in Section 7, Paragraph one of this Law in the unified register of civil status documents is commenced and which are retained at General Registry institutions, shall be gradually included in the unified register of civil status documents after verification of completeness and accuracy thereof.

This Law shall come into force on 1 January 2013.

This Law has been adopted by the Saeima on 29 November 2012.

President A. Bērziņš

Riga, 14 December 2012

 


1 The Parliament of the Republic of Latvia

Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 29.11.2012.Entry into force: 01.01.2013.Theme:  Documents, recordkeeping, data protection; Children and family rightsPublication: Latvijas Vēstnesis, 197 (4800), 14.12.2012. OP number: 2012/197.1
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