Law on Marriage and Family
Disclaimer: This is presented for your information only. It is not meant as a substitute for legal council. There may be other laws, edicts, and regulations that govern adoptions. This may not be the most current version, and the translation may not be complete or accurate.
Translation provided by Babelfish/Systran , and WorldLingo of Law on Marriage and Family (dated 12/17/98) on the Zakon web site. This is a "machine" translation, and thus may not be accurate. The only editing I have done is to make it more readable (adding the, of, at, changing the word order). I have also used translations from other sources on a few parts. Words in ( ) are from other online translators to help clarify the meaning. Any references to other Articles in the Law are also listed. Remember that these laws are about adoptions in general, not necessarily adoption by foreign citizens. Page Two contains additional portions of the Law on Marriage and Family and Page 3 has other decrees pertaining to adoption and links to official sites.
Definitions of a few terms used in the translations:
- guardianship: lawful form of the protection of rights and interests of children who are less than fourteen years.
- trusteeship: lawful form of the protection of rights and interests of children who are fourteen to eighteen years.
- patronage: form of training with which the child, who remained without the care of parents, is transferred to the training to the family of citizens by agreement, concluded by the authorized public body and by educator, which expressed the desire to take child for the training. In other words, foster care.
Law on Marriage and Family, December 12, 1998. Amended on December 24, 2001; I believe that what I have here is the original version.
Section 6: Chapter 12. Adoption of the Child
Translation of Articles 76-78 provided by a law firm in Almaty.
- Article 76. Children eligible for adoption
- Adoption is permitted with regard to minor children and only in their interest.
- Children, citizens of the Republic of Kazakhstan, may be adopted by foreigners only if there is no possibility of their placement into custody of citizens of Kazakhstan permanently living in Kazakhstan, or of their adoption by relatives of the children, regardless of their citizenship or place of residence. The children may be placed for adoption by citizens of Republic of Kazakhstan, permanently living outside of Republic of Kazakhstan, foreigners, who are not relatives of the children, after 3 months from the day of officially registering these children in accordance with para. 3 of Art. 101 of this Law.
Foreigners intending to adopt a child must personally choose the child, have personal contact with the child for at least 2 weeks, submit a written request to adopt the child, and also proof of financial status, family circumstances, state of health, character description of the potential parents as prepared by approved licensed adoption agencies for the organization in whose custody the child is.
- Article 77. Procedure for Adopting a Child
- Adoption is done by the court following an application from the person(s) desiring to adopt a child. Examination of the case is in accordance with special citizens' laws. Custody providers are present.
- The rights and obligations of the adopting parents and adopted child (Art. 89 of this Law) begin from the day of the court's decision on the adoption of the child. The court is required within 3 days of the court order to notify the dept. of civil records and the local organization in charge of the child's custody. Adoption must be registered by the state in the order of registration of civil acts.
- Article 78. Registration of children to be adopted and persons desiring to adopt children
- Registration of the children to be adopted is according to para. 3 of Art. 101 of this law document.
- Registration of persons desiring to adopt children is according to local law organizations. Registration of foreigners desiring to adopt children, citizens of Republic of Kazakhstan, is implemented by rules set forth by the Republic of Kazakhstan Ministry of Foreign Affairs.
- Article 79. Adoption several children
- One person can adopt the several children who are brothers and sisters or not related. Between the adopted children who are not related, they have rights and duties as between brothers and sisters.
- The adoption of brothers and sisters by different people is not allowed, except for cases when adoption is in the best interests of the children.
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- Article 80. The persons having the right to adopt
- Adoption is authorized with the presence in the family of the adopter conditions for normal development, education and formation (education) of the child.
- Adopters can be adult persons both floor (?), with exception:
- the persons recognized as court incapacitated or is limited capable;
- spouses, one of which is recognized as court incapacitated or is limited capable;
- the persons deprived on court of parental rights or limited to court in parental rights;
- the persons discharged of duties of the trustee (trustee) for inadequate performance assigned on him (it) by the law of duties;
- former adopters, if adoption is cancelled by court on their fault;
- persons who due to their state of health can not carry out parental rights. The list of diseases at which presence the person can not adopt a child is established by the Government of Republic of Kazakhstan. [I have this list at the end of the quoted law.]
- The persons who are not married can not adopt the same child.
- Article 81. A difference in the age of between the adopter and adopted child
- The difference in the age of between adopter, not married, and adopted the child should be not less than sixteen years. For the reasons recognized by the court as valid, a difference in the age of can be reduced.
- At adoption the child the stepfather (stepmother) of presence of a difference in the age of, present Article Point 1, it is not required.
- Article 82. The consent of parents, guardians and trustees to the adoption of the child
- For the adoption of a child the consent of his (its) parents is necessary. With the adoption of a child of minor parents who have not reached the age of sixteen years, the consent of their parents or guardians (trustees), educators (tutors) is necessary also, while in the absence of parents or guardians (trustees) - the consent of body of trusteeship and guardianship.
- The consent of parents to adoption the child should be expressed in a notarized statement or certified by the head of the establishment in which there is a child who has stayed without care of parents, or by body of trusteeship and guardianship in the place of adoption of the child or the place of residence of parents, and also can be expressed directly in court at adoption. Before removal of the decision of court about adoption of the child parents have the right the consent given by them to adoption to cancel.
- Parents can agree to adoption the child the concrete person or without the instruction (indication) of the concrete person. [? this means that the parents of the child have the right to meet or know the adoptive parents, but they don't have to.] Bodies of trusteeship and guardianship represent to the court their conclusion about the adoption is in the interest of the child. This conclusion is not required in the case of adoption of the child by his (its) stepfather (stepmother).
- For the adoption of children who are under trusteeship (guardianship), the consent in writing their trustees (guardians) is necessary.
- For the adoption of children who are taking place on education on about patronage, the consent in writing of the educators (tutors) is necessary.
- For the adoption of children who are staying without the care of parents are located in educational, medical and other establishments, the consent in writing by the heads of the given establishments is necessary.
- The court has the right to make a decision in interests of the child about his (its) adoption without the consent of the persons specified in Points 1, 4-6 of the present Article.
- Article 83. Adoption the child without the consent of the parents
The consent of the parents of the child to his (its) adoption is not required in cases, if:
- they are unknown or were found missing or dead by the court;
- they are recognized as court incapacitated;
- they are deprived by court of parental rights (at observance of requirements of Point 7 of Article 69 of the present Law);
- they do not live with the child and avoid upbringing and support for more than six months for the reasons recognized as court disrespectful (inadequate).
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- Article 84. The consent of the child to the adoption
- For adoption of the child who has reached the age of ten years, his (its) consent is necessary. The consent of the child to adoption is established by court.
- If the child before submission of the application for adoption lived in the family of the adopter, he considersit as his (its) parent, the consent of the child to adoption is assumed.
- Article 85. The consent to the adoption of the child by one of the spouses
- At adoption the child one of spouses need the written approval of other spouse to adoption if the child is not adopted by both spouses.
- The consent of the spouse to adoption of the child is not required, if spouse have actually ended family (relations) and live separately for more than a year, and the place of residence of the other spouse is not known.
Translations for Article 86.3 through 91 were provided by an adoptive parent (thanks, Wendy) who had that portion translated.
- Article 86. Name, patronymic and surname of the adopted child
- For the adopted child his (its) name, a patronymic and a surname are kept.
- At the request of the adopters, the child is given a name that does not contradict the interests of the child. The patronymic of the adopted child is defined (determined) by name the adopter, if the adopter is a man, and at adoption the child the woman - named the persons, specified by her (it) as the father of the adopted child. If the last names of the adoptive parents are different, then the adopted child will take the last name that the couple agrees upon.
- If the child is adopted by an unmarried person, then at this person's request the last name, first name, and patronymic of the mother (father) of the adopted child are entered into the official birth registry as instructed by the adoptive parent.
- Changes in the last name, the first name and patronymic of the adopted child who is at least 10 years old can be carried out only with the child's consent, with the exception of those cases that require the adoption to remain secret.
- Changes in the last name, the first name, and patronymic of the child are indicated in the court decision pertaining to the adoption.
- Article 87. Change of date and the birthplace of the adopted child
- In order to keep the adoption secret, the adoptive parents can request that the date of birth for the child be changed (but not by more than 6 months); the place of birth can also be changed.
Changes in the child's date of birth will be permitted only if the child is younger than 3 years.
- Changes in the date of birth and/or place of birth of the adopted child are indicated in the court decision pertaining to the child's adoption.
- Article 88. Official registration of the adoptive parents as parents of the adopted child
- The court may decide to officially register the adoptive parents as the parents of the adopted child if the adoptive parents so request.
- In order to complete the official registration of the parents for a child who has reached the age of 10, then the child's consent is necessary except in situations stipulated by point 2 of Article 84 of this law.
- The necessity for the registration will be indicated in the court decision pertaining to the adopted child.
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- Article 89. Legal consequences of adoption the child
- Adopted children and their descendents, with respect to the adoptive parents and their relatives, and adoptive parents and their relatives, with respect to adopted children and their descendents, have rights equal to those of relationships by birth with regard to personal non-property and property rights and obligations.
- Adopted children lose personal non-property and property rights and are free from obligations with respect to their birth parents and their birth relatives.
- Upon adoption of a child by a single parent, personal non-property and property rights and obligations can be preserved at the wish of the mother (if the adoptive parent is male), or at the wish of the father (if the adoptive parent is female.)
- The responsibility for the safety of the property belonging to the adopted child resides with the adoptive parents. In the event that an adoption is denied, then the responsibility for returning this property also lies with the adoptive parents.
- Maintaining the adopted child's relationships with one of the birth parents or with the relatives of a deceased parent is provided for in the court's decision pertaining to the child's adoption.
- The legal implications of adopting a child, previously stipulated by points 1 and 2 of this article, are binding whether or not the adoptive parent is officially registered as the parent in official documents pertaining to the child's birth.
- Article 90. Preservation for the adopted child of the right on pension and benefits
- A child who, at the time of the adoption, has the right to pension and benefits provided as a result of the death of the birth parents, retains this right even upon adoption.
- Article 91. Secret of adoption the child
- The secret of adoption the child is protected by the law. Judges who have presided over the child's adoption, or official entities implementing government registration of the adoption, or people who have knowledge of the adoption in any other way, are obliged to maintain the secrecy of the adoption.
- Entities indicated in point 1 of this article who divulge the secret of the child's adoption against the will of the adoptive parent will be held responsible in accordance with procedure established by law.
- Article 92. A recognition of the adoption as void
- Adoption is nullified in cases:
- the decision about the adoption was made on the basis of false documents;
- the adoption was completed without the consent of the parents, which according to the law was required (Article 82 of the present Law);
- adoptions by a married person, without the consent of other spouse;
- infringements of the positions stipulated by Point 2 of Article 80 of the present Law.
- The recognition of adoption as void is made by judicial order.
- The matter about the voiding of an adoption is examined byt the law court with the participation of the bodies of guardianship and trusteeship.
- Article 93. The persons having the right to demand the recognition of adoption as void
Those who have the right to demand the recognition of the adoption as void are the adoptive parents, the spouse of the adopter, persons whose rights are broken (disrupted) by the adoption, the public prosecutor, body of trusteeship and guardianship.
- Article 94. Consequences of a recognition of adoption void
- Adoption is nullified from the moment of the decision of the court to void the adoption.
- Once the adoption is ruled void, mutual rights and duties of the adopted child and adopters, relatives or adopters cease and the mutual rights and responsibilities of the child and his parents (his relatives) are restored, if it is in the best interests of the child.
- The parents of the child may request that the child be given his former name, patronymic and surname.
- The court is obliged within three days from the date of the decision of the court to void the adoption to direct an extract from this decision to the body of civil registration and bodies of trusteeship and guardianship by the place of the state registration of adoption.
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- Article 95. The basis to a cancellation of the adoption of the child
- The adoption of the child can be cancelled in cases if the adopters deviate from the performance of the duties of parents assigned to them, abuse parental rights, they severely punish the adopted child, including physical or mental violence, attempt on sexual inviolability, are recognized as patients with alcoholism, addiction or toxicomania.
- The court has the right to cancel the adoption of the child on other basis, proceeding from the interests of the child and taking into account the opinion of the child.
- Article 96. A cancellation of the adoption of the child
- The cancellation of the adoption of the child is produced in the judicial order.
- The matter about the cancellation of the adoption of the child is examined with the participation of the body of trusteeship and guardianship, and also the public prosecutor (lawyer).
- Adoption ceases from the date of the introduction into validity the decision of court about the cancellation of the adoption of the child. The court is obliged within three days from this date to direct an extract from this decision to the body of civil registration and the bodies of trusteeship and guardianship in a place of the state registration of adoption.
- Article 97. The persons having the right to demand a cancellation of the adoption of the child
Those who have the right to demand a cancellation of adoption of the child include his (its) parents, the adopters of the child, the adopted child who has reached (achieved) the age of fourteen years, body of trusteeship and guardianship, and also the public prosecutor (attorney) in the interests of the child.
- Article 98. Consequences of the cancellation of the adoption of the child
- By the law court of the adoption of the child mutual rights and responsibilities of the adopted child and adopters, relatives of adopters, cease with the cancellation and mutual rights and responsibilities and interests of the child are restored.
- With the cancellation of the adoption based on a court decision the child is transferred to parents. In the absence of parents and also if transfer of the child to parents contradicts his (its) interests, the child is transferred to care of the body of trusteeship and guardianship.
- The court also resolves the question of whether the child keeps the name, patronymic and surname given at adoption. A change of name, patronymic or surname of the child who has reached (achieved) the age of ten years is possible only with his (its) consent.
- The court, on the basis of the interests of the child, has the right to oblige former adoptive parents to pay means for the maintenance (contents) of the child at a rate (size) of, established by Articles 125 and 127 [these deal with alimony and I have not included them] of the present Laws.
- Article 99. Inadmissibility of a cancellation of adoption after achievement by the adopted child of majority
The cancellation of adoption the child is not allowed, if up to the moment of presentation of the requirement about a cancellation of adoption the adopted child has reached (achieved) majority, except for cases when on such cancellation there is a mutual consent by the adoptive parents and the adopted child, and also parents of the adopted child if they are alive, are not deprived of parental rights or not recognized (acknowleged) as court incapacitated (incapable).
Page last updated on 9 September 2007.