In case of change of last names in the course of the state registration of conclusion of marriage (matrimony), a citizen shall be obliged to change identity papers within one month. 2. Change of last name by one of spouses shall not entail the regulatory change of last name of the other spouse. 3. In case of dissolution of marriage (matrimony), spouses shall have the right to preserve last name, chosen in the course of conclusion of marriage (matrimony), or re-establish their premarital last names. Chapter 7. PROPERTY RIGHTS AND OBLIGATIONS OF SPOUSES
Article 32. Concept of legal regime of property of spouses 1. Legal regime of property of spouses shall be regime of their common joint property, unless otherwise provided by marriage contract. 2. Marriage and family rights to possess, use and dispose the property, being a joint property of peasant or farm enterprise members, shall be determined by the Civil Code of the Republic of Kazakhstan.
Article 33. Common joint property of spouses 1. A property, gained by spouses during marriage (matrimony) shall be their common joint property. 2. The property, gained by spouses during marriage (matrimony) shall contain amounts of incomes of each of the spouses from work, entrepreneurial and intellectual activity, amounts of incomes from the common property of the spouses and separate property of each of the spouses, received employment pensions, benefits, pension savings, as well as other money payments that don’t have a special designation (amounts of material assistance, amounts, paid in compensation of damage due to disablement, as a consequence of maim or injury to health and the others). A common property of the spouses shall be also a gained movable and immovable property, securities, corporate stocks, contributions, shares in capital, contributed to lenders or other organizations, and any other property, gained by the spouses during a marriage (matrimony), in spite of the fact, for which name in family it was acquired or who of the spouses paid monetary funds. 3. The right to common property shall also belong to a spouse that was engaged in household management, childcare or for other legitimate reasons didn’t have independent income during the marriage (matrimony).
Article 34. Possession, use and disposition of common property of spouses 1. Possession, use and disposition of common property of spouses shall be carried out by the mutual agreement of spouses. 2. In the consummation of transaction by one of spouses on disposition of common property of the spouses, the agreement of the other spouse shall be suggested. The transaction, consummated by one of the spouses on disposition of common property of the spouses may be recognized invalid on the grounds of absence of the agreement of other spouse only after his (her) demand and only in cases if it is proved, that the other party knew or should have known about dissent of the other spouse to make this transaction. 3. For consummation of transaction on disposition of immobility by one of spouses and the transaction, requiring a notarial certification and (or) registration in prescribed legal procedure, it is necessary to obtain a notarized agreement of the other spouse. The spouse, whose notarized agreement for settlement of mentioned transaction was not received, shall have the right to demand invalidation of the transaction in a judicial proceeding within three years from the date, when he has known or should have known about consummation of transaction.
Article 35. Property of each of spouses 1. The property of each of spouses shall be: 1) a property, belonged to each of spouses before marriage (matrimony); 2) a property, received by spouses in the period of marriage (matrimony) as a gift, under procedure of inheritance or other honorary transactions; 3) items of private use (clothes, footwear and others), with the exception of treasures and other luxury goods, even though acquired at the common expense of spouses during marriage (matrimony). 2. Property, gained by each of spouses during estrangement shall be adjudged by court as ownership of each of the spouses, due to factual termination of marriage (matrimony).
Article 36. Recognition of property of each of spouses as their common ownership Property of each of spouses shall be recognized as their common ownership, if it is established that during the marriage (matrimony), investments were incurred on account of common property of spouses or property of the other spouse or work of each of them, that greatly increased the cost of this property (capital repair, reconstruction, redesign and others).
Article 37. Partition of common property of spouses 1. Partition of common property of spouses may be performed both in the period of marriage (matrimony) and after its dissolution after demand of each of spouses, as well as in case of assertion of a claim on partition of common property of spouses, for levy of execution on a share of one of spouses in the common property of spouses by a creditor. 2. Common property of spouses may be divided between the spouses under their agreement. The agreement of partition of common property of spouses shall be notarized. 3. In case of disputes, the partition of common property of spouses, as well as determination of shares of spouses in this property shall be performed in a judicial proceeding. In partition of common property of spouses, a court shall establish which of property shall be subject to be transferred to each of spouses, after demand of spouses in recognition of interests of a minor. In case, if property is transferred to one of spouses, the cost of which exceeds the payable participatory share, the other spouse shall be awarded by reasonable pecuniary or other compensation. 4. Items, acquired only for repletion of wants of minors (clothes, footwear, school supplies and sports requisites, musical instruments, children’s library and others) shall not be subject to partition and shall be transferred without compensation to the spouse, living with children. Contributions, made by spouses on account of common property of spouses in the name of their common minors shall be treated as belonging to these children and shall not be considered in the course of partition of common property of spouses. 5. In case of partition of common property of spouses during marriage (matrimony), the part of common property of spouses, which was not divided, as well as a property, gained by spouses during the marriage (matrimony) hereinafter shall be their joint property. 6. The limitation of action, lasting for a period of three years from the moment of dissolution of marriage (matrimony) shall be applied to demands of spouses on partition of common property of spouses, the marriage (matrimony) of which is dissolved.
Article 38. Determination of shares in partition of common property of spouses 1. In partition of common property of spouses and determination of shares in this property, the shares of each of spouses shall be recognized as equal, unless otherwise provided by the agreement. 2. Court shall have the right to depart from the beginning of owelty of spouses’ shares in their common property, proceeding from the interests of minors and (or) one of spouses, if the other spouse didn’t receive incomes without a valid excuse or dissaved the common property of spouses to the detriment of home interests without the agreement of the other spouse. 3. The joint debts of spouses shall be divided between spouses in proportional shares, awarded to them, in the course of partition of their common property. § 2. Treaty regime of property of spouses
Article 39. Marriage contract 1. The marriage contract shall be recognized as the agreement of persons, entering into marriage (matrimony) or agreement of spouses, establishing property rights and obligations of spouses in marriage (matrimony) and (or) in case of its dissolution. 2. The marriage contract may provide the property rights of children, born or adopted in marriage (matrimony).
Article 40. Conclusion of marriage contract 1. The marriage contract may be concluded both from the date of filing of application to a registering body on the state registration of marriage (matrimony), till the state registration of conclusion of marriage (matrimony), and at any time during the marriage (matrimony). The marriage contract, concluded before the state registration of conclusion of marriage (matrimony) shall be enforced from the date of the state registration of conclusion of marriage (matrimony). 2. The marriage contract shall be concluded in written form and shall be subject to be compulsorily notarized.
Article 41. Contain of marriage contract 1. Spouses shall have the right to change regime of joint property, established by the Laws of the Republic of Kazakhstan, according to the marriage contract, establish regime of joint, participatory share or separate ownership on all the property of spouses, on its separate types or on the property of each of spouses. The marriage contract may be concluded both in respect of existing and future property of spouses. In the marriage contract, spouses shall have the right to determine their rights and obligations by mutual allowance, methods of participation in incomes to one another, order of incurring of expenses by each of them; to determine a property, which will be transferred to each of spouses in case of dissolution of marriage (matrimony), as well as include any other provisions in a marriage contract, concerning the property relations of spouses, as well as property status of children, born or adopted in this marriage (matrimony). 2. The rights and obligations, provided by marriage contract may be restricted by the specified periods or may be dependent from happening or non-happening of particular conditions. 3. The marriage contract may not restrain capability or legal competence of the spouses, their right to judicial recourse for protection of their rights; govern personal non-property relations between spouses, rights and obligations of spouses in respect of children; provide provisions that restrain the right of incapable spouse in need for receipt of allowance, and other conditions which are inconsistent with fundamental principles of matrimonial legislation of the Republic of Kazakhstan.
Article 42. Modification and dissolution of marriage contract 1. The marriage contract may be modified or dissolved at any time by the mutual agreements of spouses. The agreement of modification or termination of marriage contract shall be concluded in the same form as the marriage contract. The unilateral repudiation of a marriage contract shall not be allowed, with the exception of cases, provided by the Civil Code of the Republic of Kazakhstan. 2. Upon request of one of spouses, the marriage contract may be modified or dissolved by court decision, on the grounds and in the manner, prescribed by the Civil Code of the Republic of Kazakhstan for modification and dissolution of the contract. 3. Validity of marriage contract shall be terminated upon the termination of marriage (matrimony), with the exception of obligations, which provided by the marriage contract for the period after termination of marriage (matrimony).
Article 43. Recognition of marriage contract as invalid 1. The marriage contract may be recognized invalid by court in full or in part, on the grounds of invalidity of legal transactions, provided by the Civil Code of the Republic of Kazakhstan. 2. The court may also recognize marriage contract as invalid in full or in part upon request of one of spouses, if conditions of the contract put this spouse in disadvantage or offend the property rights of children, born or adopted in this marriage (matrimony). Conditions of marriage contract, violating requirements of paragraph 3, Article 41 of this Code shall be recognized invalid.
§ 3. Responsibility of spouses on obligations
Article 44. Levy of execution upon property of spouses 1. On the obligations of one of spouses, the execution shall be levied only upon the property of this spouse. In deficiency of this property, a creditor shall have the right to request apportionment of participatory share of a spouse-debtor, which would be due to a spouse-debtor in partition of common property of spouses for levy of its execution. 2. The execution shall be levied upon common property of spouses on common obligations of spouses, as well as on the obligations of one of spouses, if the court establishes that all that was gained on the obligations of one of spouses was used for family needs. In deficiency of this property, spouses shall jointly and severally incur liability due to mentioned circumstances by the property of each of them. If it is established by the court verdict that common property of spouses was acquired or increased at the expense of one of spouses by criminal way, the execution shall be levied respectively to common property of spouses or its part. 3. The responsibility of spouses for damage, caused by their minor shall be determined by the Civil Code of the Republic of Kazakhstan. The levy of execution upon the property of spouses during compensation of damage, caused by their minor shall be performed in accordance with paragraph 2 of this Article.
Article 45. Guarantees of rights of creditors in the course of conclusion, modification and dissolution of marriage contract A creditor (creditors) of a spouse-debtor shall have the right to request the modification of conditions or dissolution of marriage contract, concluded between spouses, due to the modified circumstances in accordance with the standards of the Civil Code of the Republic of Kazakhstan. SECTION 3. FAMILY
Article 46. Grounds for creation of rights and obligations of parents and a child 1. A child shall be registered with immediate effect from the birth, and from the moment of birth shall have the right for name and acquisition of nationality, as well as, as much as possible shall have the right to know his (her) parents and to be cared by them. 2. The rights and obligations of parents and a child shall be based on the birth of a child, certified in the manner, prescribed by the Law of the Republic of Kazakhstan. 3. The rights and obligations of adoptive parents and adopted children shall be based on the enforced court decision on adoption.
Article 47. Establishment of child’s birth 1. The birth of a child from mother (motherhood) shall be established by a registering body on the basis of documents, confirming the birth of a child by a mother in a healthcare organization. In case of the child’s birth out of a healthcare organization, his (her) birth shall be established by a registering body on the basis of medical documents, confirming the fact of birth, and in case of their absence, the fact of birth of a child shall be established in a judicial proceeding. 2. The birth of a child from married persons shall be confirmed by certificate on conclusion of the parent’s marriage (matrimony). In case of the child’s birth by a surrogate mother, the birth of a child shall be certified on the basis of concluded contract of the surrogate motherhood. 3. In case of child’s birth within two hundred and eighty days from the moment of dissolution of marriage (matrimony), recognition of its invalidity or from the moment of death of a spouse of a child’s mother, a former spouse of mother may be admitted as a father of a child, unless the contrary is proved. 4. If the mother of a child declares that her spouse or former spouse is not the father of a child, the paternity in respect of a child shall be established according to the standards, provided by paragraph 5 of this Article or Article 48 of this Code, in existence of written application by mother and father of a child or a spouse, former spouse. In the absence of such application, this issue shall be solved in a judicial proceeding. 5. The paternity of a sole person with the mother of a child shall be established by filing of the joint application to a registering body by father and mother of a child. In case of mother’s death, recognition of her as incapable, impossibility to establish location area of the mother or in case of deprivation of her parental rights - upon the application of the father of a child, with the agreement of a body, carrying out the functions of rusteeship and guardianship functions, in the absence of such agreement - by the court decision. If the credibility of paternity of a man that is not a spouse of the mother is established, the mother of a child shall have the right to request the relevant monetary funds for her maintenance, in a judicial proceeding for pre-delivery and postnatal periods. Amount of monetary funds and a periodicity of payments shall be determined by court, proceeding from the financial condition and family status and other interests of the parties, deserving attention, in divisible parity to monthly calculation index acting as from the date of payment of monetary funds. 6. The expulsion of information on the father of a child from the entry of birth, in which a spouse or a former spouse of the mother of a child noted as the father of a child, shall be conducted by a registering body on the basis of court decision on expulsion of information on the father of a child in the birth statement on the state registration. 7. The establishment of paternity in respect of a person, attained eighteen years of age (age of majority) shall be allowed only with his (her) agreement, and if he (she) is recognized incapable - with the agreement of his (her) trusteeship or body, carrying out the functions on trusteeship and guardianship.
Article 48. Establishment of paternity in a judicial proceeding In case of birth of a child, the parents, who are not married together, and in the absence of parent’s joint application or application of the father of a child, the birth of a child from particular person (paternity) shall be established in a judicial proceeding upon application of one of the parents, trustee or guardian of a child or upon the application of a person, who has a child at his expense, as well as upon the application of a child himself (herself), upon reaching of majority age by him. By this, the court shall take into consideration the evidences that trustworthy confirm the birth of a child from particular person.
Article 49. Establishment of the fact of acknowledgement of paternity by court In case of death of a person, recognized himself as the father of a child, but was not married with the mother of a child, the fact of recognition of his paternity may be established in a judicial proceeding, in accordance with the Civil Procedure Code of the Republic of Kazakhstan.
Article 50. Register on parents (parent) of a child in the register of birth Register on parents (parent) of a child in the registry of birth shall be performed in the manner, provided by this Code.
Article 51. Contestation of paternity (maternity) 1. The parents’ register in the register of birth may be contested only in a judicial proceeding, upon request of a person, registered as the father or mother of a child, person who are actually the father or mother of a child, child himself (herself) upon his (her) reaching the majority age, trustee or guardian of a child, trustee of a parent, recognized incapable by court. 2. Request of a person, registered as the father of a child on the basis of joint application of the father and mother, upon application of the father of a child or according to the court decision on cancellation of paternity may not be satisfied, if this person knew, that actually he is not the father of a child, at the moment of register. If a spouse or former spouse of the mother of a child is registered as the father of a child in the register of birth by a registering body, a registering body shall refuse the state registration of establishment of paternity in written before decision of the issue on expulsion of information about the father of a child from the register of birth by court. 3. Persons, who gave the written agreement to application of assisted reproductive technologies in the manner, prescribed by the legislation of the Republic of Kazakhstan, shall not have the right to cite on these circumstances at the contestation of paternity (motherhood). Persons, who gave the agreement to implantation of embryon to another woman, as well as a surrogate mother, shall not have the right to cite on these circumstances at the contestation of motherhood and paternity.
Article 52. Rights and obligations of a child, born by not married persons In establishment of paternity in the manner, prescribed by Articles 47-49 of this Code, a child shall have the similar rights and obligations in respect of parents and their relatives, as the child, born by married persons.
Article 53. Privacy, personal and family secret 1. A private life, personal and family secret shall be under guardianship of the Law. 2. Civil servants, carrying out the state civil registration, as well as other persons, otherways informed on a private life shall be obliged to keep the personal and family secret. 3. Disclosure of information on personal and family life of citizens shall entail a liability, established by the Laws of the Republic of Kazakhstan. Chapter 9. SURROGATE MOTHERHOOD AND APPLICATION OF ASSISTED REPRODUCTIVE METHODS AND TECHNOLOGIES
Article 54. Surrogacy contract 1. A surrogacy contract shall be concluded in a written form in compliance with requests of the civil legislation of the Republic of Kazakhstan and shall be subject to be notarized. 2. Conclusion of surrogacy contract shall admittedly suggest parental rights and obligations of spouses (customers) to a child, born in a result of application of assisted reproductive methods and technologies. 3. Contemporaneously with the surrogacy contract, spouses (customers) shall conclude a contract with a healthcare organization, applying assisted reproductive methods and technologies, which will provide the relevant services.
Article 55. Content of surrogacy contract A surrogacy contract shall contain: 1) the data of spouses (customers) and a surrogate mother; 2) the order and conditions of payment of financial expenses for maintenance of a surrogate mother; 3) the rights, obligations and responsibility of parties in case of non-fulfillment of the contract conditions; 4) the amount and order of compensations, provided by paragraph 1 of Article 57; 5) the other conditions, as well as the acts of providence.
Article 56. Requirements, specified to a surrogate mother 1. A woman, willing to be a surrogate mother shall be at the age from twenty to thirty five years, with satisfactory physical, mental and reproductive health, confirmed by opinion of a healthcare organization, as well as have own healthy child. 2. In case, if a surrogate mother is married, the notarized agreement of the spouse shall be provided in a written form, during conclusion of the surrogate contract. 3. A healthcare organization, applying the assisted reproductive methods and technologies shall be obliged to pronounce the opinion on their appliance with total and comprehensive information on the used biological material of these persons, willing to have a child, or a donated bank. One copy of the opinion shall be attached to the notarized surrogacy contract and shall be kept at the place of settlement of transaction.
Article 57. The rights and obligations of parties of the surrogacy contract 1. During conclusion of the surrogacy contract, the spouses (customers) shall be obliged to: 1) incur the financial expenses, linked with medical checkup of a surrogate mother; 2) incur the financial expenses, linked with application of assisted reproductive methods and technologies; 3) provide the medical opinion of physical and mental health to healthcare organizations, applying the assisted reproductive methods and technologies, as well as results of a medicogenetic checkup; 4) disburse expenses of medical service of a surrogate mother during the period of pregnancy, maternity and within fifty six days after childbearing, and in case of birth complications linked with pregnancy and childbearing shall be obliged to disburse expenses within seventy days after the childbearing. 2. During conclusion of surrogacy contract, in accordance with requirements of Article 56, a surrogate mother shall be obliged to: 1) provide medical opinion of her physical, mental and reproductive health to customers; 2) be followed up by a doctor and fully comply with his (her) recommendations and medical disposals; 3) inform the persons that concluded the contract with her, on gestation course with periodicity, mentioned in the surrogacy contract; 4) transfer a child to the persons, concluded the surrogacy contract with her. 3. A surrogate mother shall not have the right to transfer a child to other persons. 4. In existence of a permanent employment of a surrogate mother, the issue of continuation of labour activity shall be decided by the mutual agreement of parties of the surrogate contract. 5. A surrogate mother shall incur a liability for pregnancy, provided by the surrogacy contract after application of assisted reproductive methods and technologies, and shall be obliged to preclude the possibility of natural pregnancy. 6. The issue on carrying of a multiple pregnancy shall be decided by the mutual agreement of the parties of the surrogacy contract.
Article 58. Application of assisted reproductive methods and technologies 1. The application of assisted reproductive methods and technologies shall be allowed in respect of the married women, as well as in respect of sole women, attained the majority age and having satisfactory physical, mental and reproductive health, confirmed by the opinion of a healthcare organization. 2. A woman, carrying and giving a birth to a child in a result of assisted reproductive methods and technologies, including the usage of a donor’s semen, shall be genetic mother. 3. In case of a child’s birth in a result of application of assisted reproductive methods and technologies, information about the parents of this child shall be registered in the manner, prescribed by this Code.
Article 59. Legal implications of a surrogacy contract or application of assisted reproductive methods and technologies 1. Spouses (customers) shall be recognized as the parents of a child, born in a result of assisted reproductive methods and technologies on the basis of the surrogacy contract. In case of birth of two and more children in a result of application of such methods and technologies or according to the surrogacy contract, spouses (customers) shall incur liability for each born child in equal measure. 2. A wife (customer), concluded the surrogacy contract shall be registered as the mother of a child after his (her) birth in the medical birth certificate. 3. Surrender of a child shall be formed in established manner after registration of his (her) birth in a registering body by spouses (customers). In case of surrender of a child, the spouses (customers) who gave their agreement for application of assisted reproductive methods and technologies or concluded the contract with a surrogate mother shall not have the right to request compensation of the financial expenses. In case of surrender of a child by spouses (customers) that concluded the contract with a surrogate mother, the right to motherhood shall remain at her wish, but in case of her surrender, a child shall be transferred on custody of the state. In case of surrender of a child by spouses (customers) and in case of child adoption by a surrogate mother, these persons shall be obliged to pay compensation in amount and in the manner, prescribed by the contract. 4. In case of dissolution of marriage (matrimony) of spouses (customers), the responsibility for a child, born under the surrogacy contract shall be vested in both spouses (customers). 5. In case of death of one of spouses (customers), the responsibility for a child, born under the surrogacy contract, shall be vested in a living spouse. 6. In case of death of both spouses (customers) and refusal of their close relatives to adopt a born child, this child may be transferred to a surrogate mother at her wish, and in case of her refusal, a child shall be transferred on custody of the state. Transfer of a child to a surrogate mother or on custody of the state shall not forfeit his (her) rights as a heir of spouses (customers). 7. Disuse of assisted reproductive methods and technologies after conclusion of the surrogacy contract within the term specified by the contract shall entail a nullity of the contract. 8. In case of occurrence of natural pregnancy of a surrogate mother after conclusion of the surrogacy contract, the contract shall be dissolved with disbursal of expenses by her, expended by customers in accordance with the surrogacy contract. Chapter 10. RIGHTS OF A CHILD
Article 60. Right of a child to live and to be nurtured in a family Every child shall have the right to live and to be nurtured in a family, right to know his parents, right to be cared by them, right for a joint residence with them, with the exception of cases, when it conflicts with his (her) interests. A child shall have the right to be nurtured by his (her) parents, right to security of his (her) interests, universal development, respect of his (her) human dignity. In the absence of parents, in forfeiture or restriction of their parental rights and in the other cases of forfeit of parental custody, the right of a child to be nurtured in family shall be secured by authority body, carrying out the functions of trusteeship or guardianship in the manner, prescribed by chapters 13, 15 and 18 of this Code.
Article 61. Right of a child to communicate with parents and other relatives 1. A child shall have the right to communicate with both parents, grandfathers, grandmothers, brothers, sisters and other relatives. The parents’ dissolution of marriage (matrimony), recognition of its invalidity or estrangement of parents shall not influence on the rights of a child. In case of estrangement of parents, a child shall have the right to communicate with each of them. A child shall have the right to communicate with his (her) parents also in case of their living in different countries. 2. A child being in the difficult period of life shall have the right to communicate with his (her) parents and other relatives in the manner, prescribed by the legislation of the Republic of Kazakhstan.
Article 62. Right of a child to express the sentiment A child shall have the right to express his (her) sentiment in decision of any question that affects his (her) interests in a family, as well as have the right to be heard in the course of any judicial examination or administrative proceeding. The public hearing of a child, attained the age of ten years shall be obligatory, with the exception of cases when it conflicts with his (her) interests. In cases provided by this Code, the bodies, carrying out the functions of trusteeship or guardianship, or the court may adopt decision only with the agreement of a child, attained the age of ten years and given to him (her) in the presence of legal representatives. The opinion of a child shall be formed by decision of authority body, carrying out the functions of trusteeship or guardianship, adopted in the presence of parents or other legal representatives at child’s location area.
Article 63. Right of a child to name, patronymic and last name 1. A child shall have the right to name, patronymic and last name. 2. A child shall be named by his (her) parents, with their agreement or by other legal representatives of a child. The patronymic shall be given at the wish of parents or other legal representatives after a person, mentioned as his (her) father. The assumption of the hyphenated name shall be allowed in a separate writing, but not more than two names. In case of hyphenated name of a father, the patronymic shall be given by one of them or in writing as one solid word of the both names of a father. In change of name of a father, the patronymic of his minor shall be changed, and the patronymic of his adult child - only when filing the application by him. 3. The last name of a child shall be determined as the last name of parents. If parents have different last names, a child shall be given by the last name of the father or mother by their agreement. The last name of a child may be given at the wish of parents in the name of the father or grandfather of the child both from the father’s and mother’s side, in recognition of national heritage. 4. The controversions emerged between parents, concerning the name and (or) last name of a child shall be resolved in a judicial proceeding. 5. If paternity is not established, the name of a child shall be given by order of the mother; the patronymic shall be given by the name of a person, registered as father of the child; the last name - by the name of the mother’s last name or in recognition of national heritage by the name of grandfather of the child. 6. If both parents of a child are unknown, the child’s last name, first name and patronymic shall be given by a body, carrying out the functions of trusteeship or guardianship, healthcare and other organizations, carrying out the functions of protection of the rights of a child at his location.
Article 64. Change of name and (or) last name of a child 1. The last name of a minor shall be changed in change of the last name by both parents. Proceeding from the child’s interests, a registering body shall allow the change of the child’s name, as well as given last name to the last name of other parent by joint application of parents until attainment of sixteen years of age by a child. 2. In case of termination of marriage (matrimony) or recognition of marriage (matrimony) as invalid, a child shall preserve his (her) last name received by him (her) at birth. 3. If the parents live separately without execution of dissolution of marriage (matrimony) in a registering body, and if a parent who shares a residence with his (her) child wishes to give him (her) his (her) last name, a registering body shall resolve this question, depending on the child’s interests and in recognition of the opinion of the other parent, attested and certified by a notary. The public hearing of a parent shall not be obligatory, when it is impossible to establish his (her) location area, in case of deprivation or restriction of his (her) parental rights, recognition as incapable, as well as in cases of prevarication of a parent from maintenance of a child and nurturing without legitimate excuses. 4. If parents live separately, by executing the dissolution of marriage (matrimony) in a registering body, and a parent with whom a child lives wish to give him (her) his (her) last name, a registering body shall resolve this question for the benefit of a child without consideration of opinion of the other parent.
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