Law on Marriage and Family Continued
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 accurate. Machine translation provided by Babelfish , and WorldLingo .
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.
Chapter 13. Revealing and the device of children who have stayed without care of parents.
- Article 100. Protection of rights and interests of children who have stayed without care of parents.
- Protection of rights and interests of children in case of death of the parents, deprived of parental rights, their restrictions in parental rights, recognition of parents as incapacitated, illnesses of parents, a long absence of parents, evasion of parents from education of children or from protection of their rights and interests, including the refusal of parents to take children from educational, medical and other similar establishments, and also in other cases of absence of parental care is assigned to bodies of trusteeship and guardianship.
- Bodies of trusteeship and guardianship reveal children who have stayed without care of parents, keep account of such children and, proceeding from concrete circumstances of the loss of the care of parents, select the forms of the device of children (Article 102 of the present Law), and also carry out the subsequent control over the conditions of their maintenance (contents), education and formation (education).
The activity of others, except for bodies of trusteeship and guardianship, legal and physical persons on the device of children who have stayed without care of parents, is not allowed.
- Article 101. Development and the account of children who have stayed without care of parents.
- Officials of establishments (preschool educational, general education, medical and other establishments) and other citizens having data on children, specified in point 1 of Article 100 of the present Law, are obliged to report them to the body of trusteeship and guardianship on the actual location of children.
The body of trusteeship and guardianship within three days from the date of reception of such data is obliged to conduct the inspection of the conditions of life of the child and at an establishment of the fact of absence of care of his (its) parents or his (its) relatives to provide protection of rights and interests of the child up to the resolution of a question on his (its) device.
- Heads of educational, medical and other establishments in whom there are children who have stayed without care of parents, are obliged in seven-day term since day when they know, that the child can be transferred (handed) on education to family inform about it in body of trusteeship and guardianship on the location of the given establishment.
- The body of trusteeship and guardianship within one month from the date of receipt of the data specified in points 1 and 2 present Article, provides the device of the child (Article 102 of the present Law) and at impossibility to transfer the child on education in family directs data about this child into the control formation (education) of the appropriate administrative and territorial units for the centralized account and rendering of assistance in the subsequent device of the child on education into a family who are citizens of Republic of Kazakhstan constantly living in territory of Republic of Kazakhstan.
The order of the organization of the centralized account of children is defined (determined) by the Government of Republic of Kazakhstan.
- Officials for default (nonfulfillment) of the duties stipulated by points 2 and 3 present Articles, and also for granting of obviously doubtful data on the child are done responsible in the order, established by the law.
- Article 102. The device of children who have stayed without care of parents.
- 1. Children who have stayed without care of parents, are subject to transfer on education (training) to the family on adoption, under the trusteeship (guardianship) or under the contract (agreement) of patronage, and in the absence of such opportunity - in establishments of all types (educational, medical and others) for children - orphans or children who have stayed without care of parents.
In the interests of the child at his (its) device his (its) ethnic origin, belonging with the certain religion and culture, native language, possibly guarenteeing the success in the training and formation, can be taken into account.
- Up to the device of children who have stayed without care of parents, for the training into the family or into the establishments specified in point 1 of present Article, the performance of the duties (responsibilities) of the trustee (guardian) of children temporarily it is assigned to bodies of trusteeship and guardianship.
↑ Top of page ↓ Bottom of page
Chapter 11. Deprivation and restriction of parental rights.
- Article 69. Consequences of deprivation of parental rights.
- Adoption of the child in the case of deprivation of parents (one of them) parental rights is not allowed before the expiration of six months from the date of the decision of court about deprivation of the parents (one of them) parental rights.
Chapter 23. Registration of birth
- Article 175. The order of registration of birth of the found child.
Birth of the found child if it was not registered earlier, should be registered under the application of the person who found it (him), administration of children's establishment or law-enforcement bodies not later than three day from the date of a presence (finding). To the statement is applied the protocol, comprised by the law-enforcement bodies or by local agencies, with the instruction (indication) of time, place and circumstances at which the child was found is applied.
Chapter 27. Registration of Adoption
- Article 190. The basis of registration of adoption
Adoption is recorded in the bodies of civil registration on the basis of the judgement which has entered validity on adoption.
- Article 191. A place of registration of adoption
Registration of adoption is made in a place of the carrying out of the court decision about the adoption.
- Article 192. Distribution of the certificate on adoption and the new certificate of birth of the child
Bodies of civil registration grant the certificate on adoption. With the change in surname, name and patronymic of the adopted child (Article 86 of the present Law), and it is equal in books of records of birth adopter as adopted (Article 88 of the present Law) is given out to record the new certificate on birth.
- Article 193. Cancellation of record about adoption
- Record about the adoption is cancelled if on the basis of a court decision the adoption is cancelled or voided.
- Statement about the annumlemnt of the adoption will be given by the parents of the child, if adoption was abolished on their statement, or by the organ of guardianship and trusteeship, if the cancellation of the adoption followed on its requirement.
Section 7. Application of the standards - The Law on Marriage and Family - to foreigners and persons without citizenship
- Article 209. Adoption
- Adoption, including cancellation of adoption, in the territory of Republic of Kazakhstan by foreigners of the child who is a citizen of Republic of Kazakhstan, is made according to the legislation of Republic of Kazakhstan with observance of requirements of Articles 76-78, 76-78, 82-84 of the present Laws.
- With the adoption in the territory of Republic of Kazakhstans by the citizens of Republic of Kazakhstan of the child, who is a foreigner, it is necessary to receive the consent of the lawful representative of the child and competent body of the state in which the child is a citizen, and also if it is required according to the legislation of the specified state, the consent of the child to adoption.
- Adoption of the child who is a citizen of Republic of Kazakhstan and living outside Republic of Kazakhstan, made by the competent authority of the foreign state, citizen of which if the adopter, is declared valid in the Republic Kazakhstan with the ccondition of obtaining the preliminary permission on adoption from the local executing agnecy for the place of his (its) residence or his (its) parents (one of them) before departing beyond the limits of territory of Republic of Kazakhstans.
- If as a result of the adoption the rights of the child, as established by the legislation of Republic of Kazakhstan and the international contracts (agreements) of Republic of Kazakhstan, are disrupted, the adoption is subject to cancellation in the judicial order.
- The order of transfer of children who are citizens of Republic of Kazakhstan, on adoption foreigners is established by the Government of Republic of Kazakhstan.
- The control of the children adopted by foreigners is carried out by embassies or consular establishments (offices) of Republic of Kazakhstan.
- Article 210. Civil registration of citizens of Republic of Kazakhstan living outside of limits of Republic of Kazakhstan
- Civil registration of citizens of Republic of Kazakhstans living outside of limits of Republic of Kazakhstan, is made in embassies or in consular establishments of Republic of Kazakhstan.
- With civil registration in embassies or in consular establishments of Republic of Kazakhstan adapts the legislation of Republic of Kazakhstan if the interested persons are citizens of Republic of Kazakhstan.
- Article 211. Acknowledgement of the documents of the foreign states confirming fulfilment of certificates (acts) of registration
The documents, given out by the competent bodies of the foreign states, confirming fulfilment of certificates (acts) of registration outside of limits of Republic of Kazakhstans, according to the laws of the appropriate states concerning citizens of Republic of Kazakhstan, foreigners and persons without citizenship, are declared valid in the Republic of Kazakhstan with the presence of consular legalization (certification).
- Article 212. Application of the marriage-family legislation of other states in Republic of Kazakhstan.
The standards of the marriage-family legislation of other states are not applied if such application contradicts the legislation of Republic of Kazakhstan. In this case, the legislation of Republic of Kazakhstan is applied.
- Article 213. The international contracts (agreements)
If the international contract (agreement) ratified by Republic of Kazakhstan, establishes rules other than what are established by the legislation of Republic of Kazakhstan on a marriage and family, then the rules of the international contract are applied.
↑ Top of page ↓ Bottom of page
Code of Civil Procedure originally dated July 13, 1999, #411-1, changed 10 times since then. Chapter 36-1. Production on the statements about adoption of child, Article 317-1 through 317-5
- Clause 317-1. Submission of the application
The Application for adoption of the minor child moves the citizens, wishing to adopt the child, in the court regional and equal to it on a residence (presence) of the child.
- Clause 317-2. The maintenance of the application
In the application for adoption of the child should be specified:
- a surname, a name, a patronymic of adoptive father, a place of their residence;
- a surname, a name, a patronymic and date of a birth of the adopted child, its residence, data on parents of the adopted child, presence at it brothers and sisters;
- the circumstances proving the request of adoptive father about adoption of the child and the proof, confirming these circumstances;
- the request for change of a surname, a name, patronymics of the adopted child, date of its birth (at adoption of the child in the age of about one year), the birthplaces of the adopted child, about record of adoptive fathers in assembly record about a birth of the child as parent at desire of adoptive father to bring in respective alterations in assembly record about a birth of the child.
- Clause 317-3. Actions of the judge after acceptance of the application
The Judge by preparation of an affair for proceeding obliges bodies of trusteeship and guardianship on a residence of the adopted child to present to court the conclusion about validity and about conformity of adoption to interests of the child.
- Clause 317-4. Consideration of applications
Of the Affair about adoption of the child considers court with obligatory participation of adoptive father, representative bodies of trusteeship and guardianship, and also the public prosecutor.
In necessary cases the court can get to take part in business of parents or other lawful representatives of the adopted child, its relatives and other interested persons, and also the child who has reached age of ten years.
About adoption of the child the court considers affairs in the closed judicial session.
- Clause 317-5. The decision of court under the application
Having considered the application for adoption of the child, the court makes a decision about satisfaction of the application or for refusal in its satisfaction completely or regarding satisfaction of the request of adoptive father about their record as parents of the child in assembly record about its birth, and also about change of date and the birthplace of the child. At satisfaction of the application for adoption mutual rights and duties of adoptive father and the adopted child arise from the date of the introduction into validity of the decision of court. The decision which has entered validity of court goes to body of civil registration on the location of court for the state registration of adoption of the child, and also in body of trusteeship and guardianship.
- Changes based upon: Decision of Plenum of Supreme court RK on December, 22, 2000 N 17 "About some questions of application by courts of the legislation on marriage and family at disposal of legal proceeding about adoption children" and Normative decision of Supreme Court RK from July, 11, 2003 N 5 "About a judgement".
The Consular Statute of Republic Kazakhstan (it is affirmed in accordance with the President's Decree of republic Kazakhstan of 27 September, 1999, N 217 ). Division 2. Functions of consul in the attitude of legal persons and citizens of republic Kazakhstan. Chapter 7 . Functions of consul with respect to adoption, guardianship and trusteeship.
- Article 32 .
Consul records the adoption of child, who is the citizen of republic Kazakhstan and living out of the limits of republic Kazakhstan, on the bases and in the order, provided by the legislation of republic Kazakhstan. Consul within the limits of the consular district monitors the children, transmitted to the adoption to foreign citizens.
- Article 33 .
Consul takes measures to the establishment of guardianship and trusteeship above the located in his consular district minor citizens of the republics Kazakhstan, which remained without the parental care. Consul takes measures to the establishment of guardianship and trusteeship also above the adult citizens of the republics Kazakhstan, which due to the health status cannot independently achieve their rights and fulfill their duties.
Page last updated on 8 September 2007.