Adoption Law

From the US Embassy in Almaty, 2002 [notes in brackets are mine]

Approved
by the decree of the Government
Republic of Kazakhstan
as of __________________, 2000

Regulation for Foreign Parents Seeking to Adopt Kazakhstani Children

This regulation was developed in compliance with the law of the Republic of Kazakhstan "On Marriage and Family" and describes the adoption process of children, citizens of the Republic of Kazakhstan, by foreigners.

Children, citizens of the Republic of Kazakhstan, deprived of parental custody can be adopted by foreigners provided that there are no Kazakhstani citizens or permanent residents or relatives regardless of their nationality and place of residency willing to adopt the child. Both healthy and ill children can be adopted provided that the disease of an ill child does not require his/her permanent admission in a specialized medical-educational entity.

A child becomes eligible for adoption by foreigners only three months after the child's data is entered in the Republic's databank of orphans for centralized registration.

The central executive authority in education [? Minister of Education] shall carry out the centralized registration of orphans.

The central executive authority in education shall develop and maintain the Republic's databank of orphans based on data received from the regional databanks of orphans; shall arrange a centralized registration of children; shall identify children to the prospective adoptive parents; shall issue them a note for the guardianship entities where the child to be adopted currently resides.

The date of registration of the copy of a child's application form by the central executive authority in education shall be considered the date of the child centralized registration.

The rules regulating the centralized registration of orphans were approved by the decree # 1346 of August 09, 1999 of the Government of the Republic of Kazakhstan according to paragraph 5 of the article 209 of the Law on "Marriage and Family".

Minor children are eligible for adoption if their parent(s) either died,
    or are unknown or were found missing or dead by the court;
    or were found incapable by the court;
    or were deprived of their parental rights by the court;
    or gave an official permission for the adoption of their child;
    or for no good reasons avoid their parental responsibilities;
    or do not live with their child for over 6 months;
    or avoid the upbringing and support their child.

A found child or a foundling whose parents are unknown can be adopted provided that the registration document certifying his/her birth is available. Article 175 of the law "On Marriage and Family" regulates the birth registration procedure of a found child or a foundling.

A child abandoned in a maternity hospital or other medical entity can be adopted provided that the birth registration document is available as well as the note ('Act') explaining the reasons and circumstances of the case issued by the administration of the entity where the child was abandoned.

9. The following persons do not qualify for adoption:
- Persons whose income at the moment of adoption does not meet the poverty line requirements established by Kazakhstani law;
- Persons having no permanent place of residence and living space meeting established sanitary and technical requirements;
- Persons who have been convicted of a crime against human life or health.

10. An organization specially authorized by the authorities or holding a permit (license) for this type of activity has a right to represent the interests of foreigners intending to adopt a child or protect their interests in Kazakhstan under a power of attorney.

11. The required personal appearance of the person(s) intending to adopt a child does not contradict with their rights to have a representative in the process of adoption whose rights and duties are defined by civil law as well as to use translator's services, if required.

12. Foreigners intending to adopt children, citizens of the Republic of Kazakhstan, have a right to apply in writing to the guardianship entity (central executive authority in education) through diplomatic missions and consular sections of the Republic of Kazakhstan asking to identify a child to adopt.

13. The information about the children eligible for adoption shall be made available from the guardianship entity (central executive authority in education) to diplomatic missions and consular sections of the Republic of Kazakhstan only after the foreign adoptive parent(s) intending to adopt a child have been registered as prospective adoptive parents.

14. The registration of foreigners intending to adopt children, citizens of the Republic of Kazakhstan, shall be implemented according to Decree # 655 of June 17, 1999 of the Ministry of Foreign Affairs, Republic of Kazakhstan. While accepting the documents from foreigners a consular officer shall check compliance of the applicants with the terms of Articles 76, 79, 80 and 81 of the Republic of Kazakhstan "On Marriage and Family".

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15. After the central executive authority in education makes a decision regarding the prospective adoption diplomatic missions and consular sections will issue the applicants entry visas for Kazakhstan.

16. After a child to be adopted is identified, the central executive authority in education informs the [guardianship entity] where the child currently resides and directs to that guardianship entity the prospective adoptive parents.

17. The following documents shall be presented by the prospective parents to the guardianship entity where the child resides:
- application to the guardianship entity where the child to be adopted currently resides to get a permit to see the child. The application shall contain a full name and address of the prospective parents and indicate sex, age and other data about the child they intend to adopt;
- written commitment of the prospective adoptive parents to allow a home study of the adopted child;
- copies of passports or other identification documents;
- copy of the marriage certificate (if applicable);
- documents certifying financial situation (annual tax returns, employer's statement showing the annual salary/income);
- prospective parent(s) medical examination report issued by a medical entity;
- home study report prepared by a competent authority of the prospective adoptive parents' country. Family photographs must be attached to the report;
- approval from the adoptive parents' country of residence allowing the child to enter and permanently reside there;

All the above documents shall be filed in a proper order unless the other has been provided by either Kazakhstani law or international agreements. The documents shall be translated into Kazakh or Russian, the translation shall be notarized by the Kazakhstani consular section or diplomatic mission in the home country of the prospective parents or in Kazakhstan.

The documents shall be valid for 12 months following the issuance date.

18. The documents about the orphan to be adopted shall be available to the prospective adoptive parents. The prospective parents shall confirm in writing their awareness of the results of the orphan's medical examination report/diagnosis.

19. The prospective adoptive parents have a right to obtain detailed information regarding the orphan they intend to adopt and if he/she has relatives.

20. The prospective adoptive parents shall have direct contacts with the orphan at their temporary place or residence (to learn about the child's personality, habits, preferences, features; should walk and play with the child) for at least two weeks following the completion of routine requirements of the guardianship entity, in presence of a translator and a representative of the guardianship entity.

21. A copy of the orphan's application along with the request for the adoption approval shall be sent by the guardianship entity to the central executive authority in education to finalize the adoption.

22. The central executive authority in education shall send a notice of the adoption approval or refusal within 10 days following the receipt of the request.

23. Upon the receipt of the adoption permit notice from the central executive authority in education the guardianship entity shall prepare a document explaining the reasons of adoption and conformity with the orphan's interests and send it to the court along with the other required documents.

24. Orphans may be adopted by foreigners under a court decision.

25. The guardianship entity shall provide the court with a note covering the reasons of adoption, conformity with the interests of the orphan and containing information about the personal contacts between the prospective adoptive parent(s) and the child.

26. Adoption cases are subject to a court hearing with the participation of Prosecutor and guardianship entity representatives.

27. Adoption of a child is subject to a state registration according to the order established for civil acts registration.

28. If the adoption results in violation of the child's rights granted by the Law of the Republic of Kazakhstan and international agreements of the Republic of Kazakhstan, the adoption shall be canceled under a court decision. The parents of the adopted child, persons whose rights were violated through the adoption, the prosecutor, and the guardianship entities have a right to apply for the adoption cancellation or revocation.

29. While considering an adoption cancellation/revocation case resulted from violation of law, the court shall review the actual situation to ensure, in particular, that the cancellation or revocation does not contradict with the child's interests.

30. The rights and obligations of both the adoptive parent(s) and child become effective immediately after the court decision on adoption enters into force.

31. The adoptive parents shall personally arrive to take the child from the place of his/her current residence after presenting their passport(s) or other identification documents and the court decision.

32. To protect the rights and interests of the adopted children the embassies and consular sections of the Republic of Kazakhstan shall oversee their living conditions and family environment following the decree of the Minister of Foreign Affairs of Kazakhstan # 655 as of June 17, 1999.

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Page last updated on 13 September 2004.

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