Estonia Amends Family Law to Guarantee Right to Information, Requiring Disclosure of Adoption Status to Children

Central News Agency, Vilnius, 13th - The Estonian government plans to amend its Family Law, requiring adoptive parents to inform children of their adopted status and granting adoptees the right to obtain their own information without the consent of their birth parents, in order to strengthen children's right to information and institutional transparency.

Estonian Public Broadcasting (ERR) reported on the 12th that the Estonian Ministry of Justice has completed a draft amendment explicitly stating that adoptive parents have the responsibility to make their children aware of their adoption background. Under the current system, whether to disclose this information is entirely at the discretion of the adoptive parents.

The draft's explanatory note states that the reform's purpose is to prioritize the interests of the child, believing that understanding one's own origins helps build self-identity and psychological security, and reduces potential future identity crises. The note also mentions that the past view of protecting children by concealing information has gradually been replaced by the concept of guaranteeing the right to know.

According to the report, the draft amendment does not specify an age for disclosure, allowing adoptive parents to decide based on individual circumstances. On the other hand, adult adoptees can apply to the Social Insurance Board to inquire about pre-adoption information, including their original name, native language, upbringing background, and the identity and contact details of their birth parents. However, the government will not provide this information proactively; the individual must apply, balancing family privacy.

Additionally, the draft also relaxes the inquiry rights of biological siblings, but providing the information still requires the consent of the adoptee. If the adoptee is a minor, the consent of the adoptive parents is required.

The report points out that the number of adoptions in Estonia has significantly decreased in recent years, from about 50-60 per year between 2012-2013 to 21-26 per year between 2023-2024. Officials believe the current system is outdated and affects the protection of adopted children's rights.

According to the report, the amendment also covers divorce proceedings. Parties will be required to first attempt to reach a divorce agreement and prove they have made every effort to resolve matters non-judicially before going to court. If one party unreasonably obstructs the divorce, they may be liable for related litigation costs in the future. Furthermore, the amendment will also simplify court procedures, including eliminating mandatory mediation and the obligation for parties to appear in person.

In terms of child support, the draft proposes using data and formulas to automatically calculate support standards, reducing lengthy litigation. The court will only need to confirm whether the amount and related information are reasonable.

The draft also strengthens the 'best interests of the child' principle, stipulating that when deciding on custody, courts must prioritize the parents' caregiving involvement, ability to cooperate, and whether they prioritize the child's interests. This will also help grandparents in seeking visitation arrangements.

According to the report, the draft has been sent to relevant agencies for consultation and is expected to be implemented early next year, with some provisions expected to take effect mid-year. (Editor: Wei Shu) 1150513