5. If a child is born by unmarried persons, and paternity is not established in a judicial proceeding, a registering body shall allow the change of his (her) last name to the mother’s last name, which she has at the moment of making such request proceeding from the interests of a child. 6. Change of the first name and (or) last name of a child, attained the age of ten years shall be performed only with his (her) agreement, received in the presence of legal representatives.
Article 65. Nationality of a child 1. A nationality of a child shall be determined by nationality of his (her) parents. 2. If the nationality of the parents is different, it shall be determined at the wish of a child, in accordance with the national origin of the father and mother by the time of issuance of certificate of identity or passport. 3. In the following, the nationality of a child may be changed only to the nationality of the other parent upon his (her) application.
Article 66. Property rights of a child 1. A child shall have the right to receive a financial support from his (her) parents and other family members in the manner and amount, prescribed by section 5 of this Code. 2. The amounts, owed to a child in capacity of alimony, benefits shall go into disposal of parents and other legal representatives of a child, with the exception of directors of organizations for children-orphans, children left without a parental custody, and shall be expended by them for maintenance of a child, his (her) education and nurturing. 3. A child shall have the right of ownership on the earned incomes, property received by him (her) as a gift or in order of succession, as well as any other property, purchased on his (her) funds. A child receiving incomes in consequence of his (her) work shall have the right to share the expenses on maintenance of family in case if he (she) lives with parents. The right of a child for disposition of beneficially owned property belonging to him (her) shall be determined by the Civil Code of the Republic of Kazakhstan. In carrying out of legal powers to manage the child’s property by parents, they shall be extended by the rules established by Article 128 of this Code. 4. A child and parents, who share residence together, may own and use the property of each other by the mutual agreement. 5. In case of creation of the right of common property of parents and a child, their rights of possession, use and disposition of common property shall be determined by the Civil Code of the Republic of Kazakhstan.
Article 67. Right of a child to protect his (her) rights and legal interests 1. A child shall have the right to protect his (her) rights and legal interests. Protection of rights and legal interests of a child shall be carried out by parents or other legal representatives of a child, and in cases, provided by the legislative acts of the Republic of Kazakhstan, by authority body, carrying out the functions of trusteeship or guardianship, a prosecutor and a court, as well as law enforcement agencies and other state bodies within their competence. A minor, recognized fully capable in his (her) own behalf shall have the right to exercise his (her) own rights and obligations, including the right to protection, in accordance with the Laws of the Republic of Kazakhstan until attainment of the majority age. 2. A child shall have the right to be protected from abuse by parents or other legal representatives. In case of violation of the rights and legal interests of a child, including the cases of non-compliance or improper performance of obligations on maintenance of a child, nurturing and education by the parents or other legal representatives, or in the abuse of parental (trustee, tutorial) rights, a child shall have the right to apply for defense of his (her) own rights to a body, carrying out the functions of trusteeship or guardianship on his (her) own behalf, and after attainment of the age of fourteen years - to the court. 3. The civil servants of state bodies and organizations and other citizens who came to knowledge on a danger to child’s life or health, violation of his (her) rights and legal interests shall be obliged to report about this to a body, carrying out the functions of trusteeship or guardianship at the actual location area of a child. Upon the receipt of this information, a body, carrying out the functions of trusteeship or guardianship shall be obliged to use the reasonable efforts on defense of rights and legal interests of a child. Chapter 11. RIGHTS AND OBLIGATIONS OF PARENTS
Article 68. Equality of rights and obligations of parents 1. Parents shall have equal rights and incur equal obligations in respect of their children (parental rights). 2. Parental rights, provided by this chapter shall be terminated upon the attainment of the age of eighteen years by children (age of majority), as well as in entering into marriage (matrimony) by minors.
Article 69. Rights of minor parents 1. Minor parents shall have the right to joint residence with a child and participation in his (her) nurturing. 2. In case of birth of a child and in the course of establishment of motherhood and (or) paternity, the minor unmarried parents shall have the right to exercise parental rights upon their attainment of the age of sixteen years. Until the attainment of the age of sixteen years by minor parents, a body, carrying out the functions of trusteeship or guardianship shall appoint the trustee to a child, who will carry out his (her) nurturing jointly with minor parents of a child. The controversions emerged between the child’s trustee and minor parents shall be resolved by a body, carrying out the functions of trusteeship or guardianship in recognition of interests and rights of a minor and parents. 3. Minor parents shall have the right to admit and litigate their paternity and motherhood on a common basis, as well as have the right to demand establishment of paternity in respect of their children in a judicial proceeding upon their attainment of the age of fourteen years.
Article 70. Rights and obligations of parents on the child’s nurturing and education 1. Parents shall be obliged to take care of health of their child. 2. Parents shall have the right and shall be obliged to nurture their child. Parents shall have the priority right to nurturing of their child towards all the other persons. Parents, nurturing a child, shall incur a liability for providing the conditions of life for his (her) physical, mental, moral and intellectual development. 3. Parents shall be obliged to provide the secondary-level education to a child. In recognition of the child’s opinion, parents shall have the right of choice of the educational institutes and modes of study of a child, till his (her) receipt of the secondary-level education. 4. All issues relating to the nurturing and education of a child shall be resolved by parents on their mutual agreement, proceeding from the child’s interests and in recognition of his (her) opinion. In existence of controversions between parents, they shall have the right to seek the resolutions of these disagreements to a body, carrying out the functions of trusteeship or guardianship, or to a court.
Article 71. Rights and obligations of parents on defense of rights and interests of a child 1. Parents shall be legal representatives of their child and speak in defense of his (her) rights and interests in respect of any individual and legal persons, as well as in the court with no discretionary powers. 2. Parents shall not have the right to represent their child’s interests, if a body, carrying out the functions of trusteeship or guardianship established that the interests between parents and a child have contraventions. In case of controversions between parents and a child, a body, carrying out the functions of trusteeship or guardianship shall be obliged to appoint an authorized agent to defense the rights and interests of a child. Parents shall not have the right to represent the interests of a child, in case if they are deprived or restricted in parental rights in respect of him (her).
Article 72. Execution of parental rights in behalf of a child Parental rights may not be exercised in contravention with the child’s interests. Ensuring of interests of a child shall be a primary concern of his (her) parents. In execution of parental rights, parents shall not have the right to injure the physical and mental health of the child’s moral development. The method of nurturing of a child shall exclude neglectful, abusive, rough, degrading treatment, outrage or exploitation of a child.
Article 73. Execution of parental rights by a parent living separate from a child 1. A parent living separate from a child shall have the right to communicate with a child, to participate in his (her) nurturing, to solve the issues concerning the child’s education and other important issues for a child. A parent who shares residence with his (her) child shall not preclude the communication of a child with the other parent, if such communication shall not injure the physical or mental health of a child and his (her) moral development. 2. Place of residence and legal address of a child in estrangement of parents shall be established upon agreement of parents. In the absence of agreement, the dispute between parents shall be solved by the court with the participation of a body, carrying out the functions of trusteeship or guardianship after demand of parents, proceeding from the child’s interests and in recognition of his (her) opinion. By this, the court shall consider the affection of a child towards each of the parents, brothers and sisters, age of a child, moral and other personal properties of parents, relationships, existing between each of the parents and a child, opportunity to provide conditions for development and nurturing (business occupation, work pattern of parents, financial conditions, family status and other similar conditions). 3. Parents shall have the right to conclude a written agreement on the exercise of parental rights by a parent, living separate from a child. If parents may not come to agreement, the dispute shall be solved by a body, carrying out the functions of trusteeship or guardianship, and in case of dissent with its solution - by the court with the participation of this body and parents of a child. 4. In the failure to execute the court decision on the order of exercise of parental rights, a liable parent shall incur liability, provided by the Laws of the Republic of Kazakhstan. In case of malicious failure to execute the court decision, the court, upon request of a parent, living separate from a child, may decide to transfer a child to him (her), based on the child’s interests and in recognition of the child’s opinion. 5. A parent, living separate from a child shall have the right to receive information of his (her) child from educational institutes, healthcare and other organizations. Reporting may be refused only in case of existence of threat to life and health of a child on the side of a parent. The refusal in reporting of information may be contested in a judicial proceeding.
Article 74. Right of parents to reclamation of a child from other persons 1. Parents shall have the right to demand a return of a child from any person, holding him (her) at his (her) own place without legal basis or on the basis of court decision. In case of origin of the dispute, parents shall have the right to seize the court for defense of their rights. In considering these requests, in recognition of a child, the court shall have the right to dismiss a claim of parents, if it comes to conclusion that the transfer of a child to parents is not in the interests of a child. 2. If it is established by the court that neither parents, nor a person, who shares residence with a child are unable to ensure his (her) proper nurturing and development, the court shall transfer a child on a custody of a body, carrying out the functions of trusteeship or guardianship. Chapter 12. DEPRIVATION AND RESTRICTION OF PARENTAL RIGHTS
Article 75. Deprivation of parental rights 1. Parents shall be deprived of parental rights if they: 1) evade from performance of parental obligations including malicious evasion from the payment of alimony; 2) abandon to take their child with no legitimate excuses from a maternity clinic (department), organizations for children-orphans and children left without a parental custody, and other organizations; 3) abuse their parental rights; 4) abuse a child, including carrying out of physical or mental act of outrage against him (her), entrench upon his (her) sexual immunity; 5) misuse alcohol or narcotic drugs, psychotropic substances and (or) their substitutes. 2. Parents shall be deprived of parental rights in commission of intentional crime against life or health of a child, spouse or other family members.
Article 76. Order of deprivation of parental rights 1. Deprivation of parental rights shall be performed in a judicial proceeding. Cases on deprivation of parental rights shall be considered upon the application of one of the parents or other legal representatives of a child, bodies or organizations, obligated to protect the rights of minors, as well as at the suit of a prosecutor. 2. Cases on deprivation of parental rights shall be considered with the participation of a prosecutor and a body, carrying out the functions of trusteeship or guardianship. 3. In consideration of the case on deprivation of parental rights, the court shall decide the issue of the alimony recovery for a child from parents, deprived of parental rights. 4. If during consideration of the case on deprivation of parental rights, the court detects characteristic features of the criminally punishable act, it shall be obliged to disclose this to a prosecutor by a special determination. 5. The court shall be obliged to send the abbreviate from this decision to a registering body at the place of state registration of the child’s birth and to a body, carrying out the functions of trusteeship or guardianship, according to the place of residence of a child within three days from the date of enforcement of the court decision on the deprivation of parental rights.
Article 77. Consequences of the deprivation of parental rights 1. The deprivation of parental rights shall entail forfeiture of all rights, based on the fact of blood relation with a child, including the rights to receive financial support from him (her), as well as facilities and state benefits, established for citizens, having children. 2. The deprivation of parental rights shall not release parents from an obligation to maintain their child, which shall be terminated with his (her) adoption. 3. The issue on the further joint residence of a child with a parent, deprived of parental rights shall be resolved in a judicial proceeding. 4. A child in respect of whom the parents are deprived of parental rights shall preserve the right to property of a dwelling place or the right to use a dwelling place, as well as property rights, based on the fact of blood relation with parents and other relatives, including the right to receipt inheritance. 5. If it is impossible to transfer a child to the other parent or in case of deprivation of parental rights of both of the parents, a child shall be transferred on custody of a body, carrying out the functions of trusteeship or guardianship. 6. Upon request of parents deprived of parental rights, a body, carrying out the functions of trusteeship or guardianship shall allow appointments with a child, if it doesn’t have a negative impact on the child. 7. In case of deprivation of parental rights of the parents, the adoption of a child shall be allowed upon expiry of six months from the date of enforcement of the court decision to deprive parents of their parental rights. Adoption of a child, one of whose parents is deprived of parental rights shall be allowed with agreement of the other parent.
Article 78. Restoration of parental rights 1. Parents may be restored in parental rights by the court, in cases if they changed their behavior, lifestyle and attitude to the nurturing of a child. 2. The restoration of parental rights shall be performed in a judicial proceeding upon the application of a parent, deprived of parental rights. The cases on restoration of parental rights shall be considered with the participation of a parent, a body, carrying out the functions of trusteeship or guardianship, and a prosecutor. 3. The court shall have the right to dismiss a claim of parents on restoration of parental rights, in recognition of the child’s opinion, if the restoration of parental rights is inconsistent with interests of the child. The restoration of parental rights in respect of a child, attained the age of ten years shall be possible only with his (her) agreement. It is prohibited to restore parental rights, if a child is adopted and adoption is not cancelled.
Article 79. Restriction of parental rights 1. The court may come to decision on restriction of parental rights by removal of a child from custody of parents without depriving their parental rights, in recognition of the interests of the child. The placement of a child in respect of whom the parents or one of them is deprived or restricted of parental rights, shall be performed by a body, carrying out the functions of trusteeship or guardianship according to the child’s place of residence. 2. The restriction of parental rights shall be allowed, if leaving of a child with parents is dangerous for him (her): 1) due to circumstances, beyond the control of parents (mental derangement or other chronic illness, set of reduced circumstances); 2) due to the parents' behavior, but at the same time, the sufficient grounds for deprivation of parental rights are not established. If parents do not change their behavior, a body, carrying out the functions of trusteeship or guardianship shall be obliged to commence a suit of deprivation of parental rights upon expiry of six months after rendering the decision by the court on deprivation of parental rights. 3. The suit on deprivation of parental rights shall be fied by the close relatives of a child, organizations, carrying out the functions of protection of child’s rights, a prosecutor. 4. The cases on restriction of parental rights shall be considered with the obligatory participation of a prosecutor and representative of a body, carrying out the functions of trusteeship or guardianship. 5. In consideration of the case on restriction of parental rights, the court shall have the right to resolve the issue on alimony recovery from parents to a child.
Article 80. Consequences of restriction of parental rights 1. Parents whose parental rights are restricted by the court shall forfeit the right to individual nurturing of a child, and in cases, provided by subparagraph 2) of paragraph 2 of Article 79 of this Code, also the right to benefits and state benefit payments, established for citizens having children. 2. Restriction of parental rights shall not release parents from obligations on financial support of a child. 3. A child, in respect of whom the parents are deprived of parental rights, shall preserve the right to property of a dwelling place or the right to use a dwelling place, and as well as preserve the property rights, based on the fact of blood relation with parents and other relatives, including the right to inheritance. 4. In case of restriction of parental rights of both of the parents, a child shall be transferred on custody of a body, carrying out the functions of trusteeship or guardianship. 5. The parents whose parental rights are restricted by the court shall be allowed to communicate with a child, if it doesn’t have a negative impact on the child. The communication between parents and a child shall be allowed only with the agreement of a body, carrying out the functions of trusteeship or guardianship, a trustee or a guardian, foster tutors of a child or administration of organizations in which the child is placed.
Article 81. Cancellation of consequences of restriction on parental rights 1. If the grounds have revolted, in which the parents were restricted of parental rights, the court shall decide to return a child to the parents and to cancel consequences of restrictions, at the suit of the parents, provided by Article 80 of this Code. 2. In recognition of the child’s opinion, the court shall have the right to dismiss a claim, if return of a child to parents conflicts with his (her) interests.
Article 82. Removal of a child in instant danger to life or his (her) health 1. In instant danger to life or health of a child, a body, carrying out the functions of trusteeship or guardianship shall have the right to remove a child with immediate effect from the parents or other persons, being in their custody. The immediate removal of a child shall be conducted by a body, carrying out the functions of trusteeship or guardianship on the basis of the act of local executive body of the cities of republican significance, capital, a city of oblast subordinance before decision of the court. 2. In removal of a child, a body, carrying out the functions of trusteeship or guardianship shall be obliged to give a notice immediately to a prosecutor, to ensure a temporary placement of a child and within seven days after rendering of the suit of removal of a child, by a local executive body of the cities of republican significance, capital, a city of oblast subordinance, to file a claim in court on restriction or deprivation of parental rights of the parents.
Article 83. Enforcement of court decisions with regard to case, linked with removal of a child 1. Compulsory execution of court decisions, linked with removal of a child from parents and his (her) transfer to another person (persons) shall be performed with the obligatory participation of a representative body, carrying out the functions of trusteeship or guardianship, and person (persons) to whom the child shall be transferred, and in cases of need - with participation of representative of internal affairs bodies. 2. If it is impossible to execute the court decision on removal of a child from parents and his (her) transfer to another person (persons) without prejudice to his (her) interests, the child may be temporarily placed in organizations, carrying out the functions of protection of child’s rights on the basis of determination of a court. Chapter 13. ADOPTION OF A CHILD
Article 84. Children in respect of whom adoption shall allowed 1. Adoption shall be allowed only in respect of minors, whose birth is registered in the manner, prescribed by this Code, and only in their interests in recognition of possibility of ensuring full physical, mental, intellectual and moral development. By this, the age, maturity degree and agreement of a child shall be recognized for adoption. 2. Children shall be subject to be adopted, whose only parent or both parents: 1) died; 2) abandoned a child; 3) are deprived and not restored of parental rights; 4) gave an agreement to adopt a child; 5) are recognized incapable, recognized as missing or declared decedent; 6) unknown. 3. Children, mentioned in paragraph 2 of this Article, who are both in the primary, regional and at the central registration of children-orphans, children left without a parental custody may be transferred for adoption to the relatives of children, independently from the legal nationality and place of residence, to the citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan in the manner, prescribed by the legislation of the Republic of Kazakhstan. 4. Children, who are the citizens of the Republic of Kazakhstan, being on a centralized registration of children-orphans, children left without a parental custody may be transferred for adoption to the citizens of the Republic of Kazakhstan, permanently residing beyond the borders of the Republic of Kazakhstan, and to the relatives of children, independently from their legal nationality. Children, who are the citizens of the Republic of Kazakhstan, being on a centralized registration of children-orphans, children left without a parental custody may be transferred for adoption to foreign persons, only in cases if a child may not be adopted by the relatives, citizens of the Republic of Kazakhstan living in the territory of the Republic of Kazakhstan and beyond its borders. In consideration of the case on adoption of a child by foreign persons, the court shall be obliged to be satisfied in enforcement of the rights by an authorized body of the Republic of Kazakhstan in the scope of protection of children’s rights to priority adoption of this child by the relatives, independently from their legal nationality and place of residence, or by the citizens of the Republic of Kazakhstan. 5. Adoption of children by foreign persons shall be allowed only by citizens of the country, having equivalent international obligations with the Republic of Kazakhstan in the scope of defense of the rights and interests of children. 6. The order of transfer of children, being the citizens of the Republic of Kazakhstan for the adoption, shall be approved by the Government of the Republic of Kazakhstan. 7. Permission on transfer for adoption shall be issued by a body, carrying out the functions of trusteeship or guardianship on the basis of commission’s conclusion. 8. The operating procedures and composition of commission shall be determined by the Government of the Republic of Kazakhstan.
Article 85. Rights and obligations of persons, willing to adopt children 1. Citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, willing to adopt children shall be obliged to choose a child personally, have an immediate contact with him (her) for not less than two weeks, file a petition in a written form on a wish to adopt a child to a body, carrying out the functions of trusteeship or guardianship at the child’s location, as well as present the act of housing survey, a certificate on amount of joint income, a family status, a health status and a certificate of clean record. 2. Citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, willing to adopt children-orphans, children left without a parental custody, till the age of one year shall have the right to take a tutorship or to take children under the patronage until the end of the procedure of adoption. 3. Citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, foreign persons laying a claim for adoption of a child shall file a written application to an authorized body in the scope of protection of the children’s rights on a wish to adopt a child, as well as a certificate of incomes, a family status, a health status including the mental health, a certificate of absence of the drug (toxic) abuse, alcohol dependence, a certificate of clean record, personal moral qualities of the perspective adoptive parents, issued especially by competent foreign state bodies and adoption organizations. After presentation of documents to an authorized body in the scope of protection of children’s rights of the Republic of Kazakhstan and with the agreement of adoptive parent to adopt a child, an adoptive parent shall have an immediate contact with the child for not less than four weeks.
Article 86. Rights and obligations of an adoptive parent 1. An adoptive parent of a child shall be obliged to nurture a child, to be careful of his (her) health, physical, mental, moral and intellectual development. 2. An adoptive parent shall have the right to establish the methods of nurturing of a child at his (her) own election in recognition of child’s opinion and references of a body, carrying out the functions of trusteeship or guardianship, and shall be obliged to comply with the requirements, provided by this Code. 3. In recognition of the child’s opinion an adoptive parent shall have the right to choose educational institutes and modes of study of a child before receipt of the obligatory common secondary-level education by him (her). 4. Adoptive parents being the citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, shall be obliged to file reports on conditions of life, education, nurturing and health status of an adopted child, at least annually to a body, carrying out the functions of trusteeship or guardianship, at the place of rendering the court decision of a child adoption, until attainment of the age of eighteen years by a child. Adoptive parents, being the citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, and foreign adoptive parents shall be obliged to file reports on conditions of life, education, nurturing and health status of an adopted child to an authorized body in the scope of protection of children’s rights of the Republic of Kazakhstan, for the initial three years, every six months after the enforcement of the court decision on adoption and in the ensuing years at least annually until the attainment of the age of eighteen years by a child. In the certain circumstances, the periodicity of the presentation of reports shall be established by decision of an authorized body in the scope of protection of children’s rights of the Republic of Kazakhstan, depending on particular situation, formed in the family of adoptive parents. Adoptive parents, being the citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, and foreign adoptive parents shall file reports through the foreign establishments of the Republic of Kazakhstan, situated in the country of residence of an adoptive parent and a child. In case of failure to present or late presentation of reports by adoptive parents, being the citizens of the Republic of Kazakhstan, permanently residing beyond the borders of the Republic of Kazakhstan and by foreign adoptive parents in the manner, provided by this paragraph, the activity of agency on adoption, representing their interests in the course of adoption of a child in the Republic of Kazakhstan shall be early terminated on the grounds, provided by subparagraph 6) of paragraph 8 of Article 112 of this Code.
Article 87. Procedure for adoption of a child 1. Adoption shall be performed by the court upon the application of persons (person), willing to adopt a child. The consideration of cases on adoption of a child shall be performed by the court in a special procedure, provided by the Civil Procedure Code of the Republic of Kazakhstan. The cases on adoption of children shall be considered by the court with the obligatory participation of adoptive parents, representative of a body, carrying out the functions of trusteeship or guardianship, as well as a prosecutor. 2. During adoption of a child, being a foreign person in the territory of the Republic of Kazakhstan by the citizens of the Republic of Kazakhstan, it is necessary to obtain the agreement of legal representative of a child and competent body of the state, the citizen of which is a child, as well as, if it is required in accordance with the legislation of mentioned state, the agreement of a child on adoption. 3. Adoption of a child, being the citizen of the Republic of Kazakhstan and residing beyond the borders of the Republic of Kazakhstan, performed by a competent body of a foreign state, the citizen of which is an adoptive parent, shall be accepted as valid in the Republic of Kazakhstan, on condition of obtaining the preliminary permit to adopt from a local executive body, at the place of his (her) or his (her) parents’ residence, before departure beyond the territory of the Republic of Kazakhstan.
Article 88. Accrual of rights and obligations of adoptive parents Rights and obligations of an adoptive parent and an adoptive child shall be created from the date of enforcement of the court decision on adoption of a child. Court shall be obliged to transfer the abstract of decision to a registering body, at the place of rendering of the court decision on adoption and to a body, carrying out the functions of trusteeship or guardianship, at the place of rendering of decision, within three days from the date of enforcement of the court decision on adoption of a child.
Article 89. Registration of children, subject to be adopted and persons willing to adopt children 1. The registration of children, subject to be adopted shall be performed in the manner, prescribed by paragraphs 5 and 6 of Article 117 of this Code. 2. The registration of persons, willing to adopt children shall be performed by bodies, carrying out the functions of trusteeship or guardianship, in the manner, prescribed by the Government of the Republic of Kazakhstan. 3. The registration of foreign persons, willing to adopt children, being the citizens of the Republic of Kazakhstan shall be performed by foreign establishments of the Republic of Kazakhstan in the manner, determined by the Government of the Republic of Kazakhstan.
Article 90. Adoption of several children 1. One person may adopt several children, being brothers and sisters or not related between each other. Between adopted children, not related between each other the rights and obligations shall be created as between brothers and sisters. 2. Adoption of brothers and sisters, nurtured in one family by different persons shall not be allowed, with the exception of cases when adoption is in the interests of children and children do not know about their kinship, not resided and nurtured jointly.
Article 91. Persons, having the right to be adopted 1. Adoption shall be allowed in existence of conditions for normal physical, mental, intellectual and moral development, nurturing and education of a child in the family of adoptive parent. 2. Adoptive parents may be the persons of majority age with the exception of: 1) persons, recognized incapable or partially capable by the court; 2) spouses, one of whom is recognized incapable or partially capable by the court; 3) persons deprived or restricted of parental rights by the court; 4) persons, disbarred from the obligations of a trustee or a guardian for defective performance of assigned obligations to him (her) by the Laws of the Republic of Kazakhstan; 5) former adoptive parents, if the adoption is cancelled due to their fault by the court; 6) persons, who may not exercise parental rights due to their health condition. The list of illnesses in existence of which a person may not adopt a child, may not take a child under trusteeship or guardianship, patronage, shall be established by the Government of the Republic of Kazakhstan; 7) persons, who don’t have permanent place of residence;
Доступ к документам и консультации
от ведущих специалистов |