In case of registration of birth of a child with the violation of established term, the explanatory report of parents, certificate on the absence of a birth statement at the place of birth of a child and at the place of parents’ residence, certificate of child’s health shall be additionally adjoined. If the state registration of birth of a child isn’t applied by parents, but by other persons, these persons shall submit the document, certifying identity of an applicant, as well as the document, confirming his (her) competence for the registration of birth of a child. During the state registration of two or more children, the application shall be submitted separately in respect of each of them. 2. In applying for a Public Service Center or by web-portal «electronic government», the application on state registration of birth of a child shall be submitted in accordance with the standard of state service.
Article 191. State registration of birth of a child, born after father’s death or dissolution of marriage (matrimony) or its recognition as invalid The state registration of birth of a child, conceived during the marriage (matrimony) and born after father’s death or dissolution of marriage (matrimony) or its recognition as invalid, shall be performed on common basis, if from the date of father’s death or dissolution of marriage (matrimony) or its recognition as invalid two hundred and eighty days passed.
Article 192. Procedure for introduction of information on parents in birth statement 1. A father and mother married together shall be registered as the parents of a child in the register of births upon application of either of them. The basis for such register shall be a marriage (matrimony) certificate. 2. Married persons that gave a written agreement for application of assisted reproductive methods and technologies, in case of birth of a child in the result of application of these, methods shall be registered as the parents of this child in the birth statement. In case of birth of a child, spouses shall be registered as his (her) parents in a register of births, according to the surrogacy contract. 3. In the registration of birth of a child, in case if marriage (matrimony) between parents is dissolved, recognized invalid by court or if a spouse died, but from the date of dissolution of marriage (matrimony), its recognition as invalid or death of husband less than two hundred and eighty days passed, information on the mother shall be introduced on the basis of documents, mentioned in Article 187 of this Code, information of the father of a child shall be introduced on the basis of marriage (matrimony) certificate, certificate on dissolution of marriage (matrimony), certificate of death of the father. If a child was born upon expiry of two hundred and eighty days from the date of dissolution of marriage (matrimony), recognition as invalid, a former spouse may be registered as the father of a child only on the basis of act register on establishment of paternity. In case of written recognition by a person that is not the spouse of a woman giving a birth, and at the written agreement of her husband, this person shall be registered as the father of this child during registration of establishment of paternity and registration of birth. 4. In case, if parents of a child are not married together, information on mother shall be introduced on the basis of documents, mentioned in Article 187 of this Code. Information of father in this case shall be introduced: 1) on the basis of act register on establishment of paternity in case, if paternity is established and registered at the same time with the state registration of birth of a child; 2) upon application of a sole mother, if paternity is not established. In register of births, the last name of the father of a child shall be registered according to the last name of the mother, and the first name and patronymic of the child’s father shall be registered by her order. The introduced information shall not be an obstacle for decision of issue on establishment of paternity. At will of a mother, information on a child’s father may not be introduced into the birth statement; 3) upon application of a person, recognized himself as the father of a child, in existence of agreement of a mother of a child. Information of a mother shall be introduced on the basis of documents, mentioned in Article 187 of this Code, information of a father shall be introduced by the order of this person. In the following, in case of disagreement of a mother of a child with the introduced information about a father of a child in the birth statement, the corrections shall be performed in established manner.
Article 193. Procedure for registration of nationality of child’s parents If during the registration of birth, an applicant expresses a wish to specify the nationality of parents, the nationality of parents-citizens of the Republic of Kazakhstan shall be stated in birth statement, in accordance with nationality, specified in documents, certifying identity of the citizens of the Republic of Kazakhstan. Information on nationality of a parent, being a foreigner shall be stated in accordance with his (her) foreign passport. In the absence of information about nationality in foreign passport of a foreign person, the latter may be determined in accordance with the document, issued by a competent body of a foreign state, of which he (she) is a citizen.
Article 194. Procedure for giving the last name, first name, patronymic to a child during the state registration of his (her) birth 1. During the state registration of birth, the last name of a child shall be determined by the last name of parents. In different last names of parents, the last name of a father or mother shall be given to this child, under their agreement. At the wish of parents, the last name of a child shall be performed from the name of a father or grandfather of a child, in recognition of national traditions. Disagreements, arising between parents in respect of the last name of a child shall be resolved in a judicial proceeding. 2. At the wish of citizens, the affixes that alien to Kazakh language shall be excluded from the usage in writing of last names and patronymics of persons of Kazakh origin: -ov, -yev, -ova, -yeva, -in, -n, -iny, -na, -ovna, -yevna, -ovich, -yevich, and instead of them: -uly, -kyzy shall be used in patronymics as a solid word. It shall not be allowed to write the last names of an individual with addition of words «tegy», «urpagy», «nemeresy», «shoberesy», «kelyny» and others. 3. It shall be allowed to write the first names of persons of Kazakh nationality in order, when the first name of a father replaces the last name, which compulsory shall be in the first place, then the first name, but patronymic shall not be written. 4. Writing of the last names, first names and patronymics by persons of other nationalities may be performed in accordance with their national features, at their wish.
Article 195. State registration of birth of a child, born beyond the borders of the Republic of Kazakhstan The state registration of birth of a child, born beyond the borders of the Republic of Kazakhstan shall be performed in the foreign establishments of the Republic of Kazakhstan, located in the territory of receiving country, or pluralistically in the foreign establishments of the Republic of Kazakhstan in the other country.
Article 196. Procedure for state registration of birth of a found, neglected (abandoned) child 1. Birth of a found, neglected (abandoned) child shall be registered upon the application of law enforcement bodies, a body, carrying out the functions of trusteeship or guardianship, administration of an education or healthcare organization, where a child is placed, not later than seven days of detection, denial or abandonment. The application shall be accompanied with a protocol or act, made by the law enforcement body or a body, carrying out the functions of trusteeship or guardianship, specifying time, place and circumstances at which a child was found; a document, issued by a healthcare organization, confirming the age and gender of a found child, and other personal information about a child. 2. In case of surrender of a child in a healthcare organization, the administration of this organization shall take measures on execution of written application of the mother in the form, established by the legislation of the Republic of Kazakhstan. 3. In case of abandonment of a child by unknown mother, the administration of a healthcare organization shall draw up a protocol in the presence of two witnesses. During the state registration of birth, the protocols shall be accompanied to the application of an civil servant of a healthcare organization on registration of neglected (abandoned) child.
Article 197. State registration of a child, born dead or died during the first week of life 1. The state registration of a child, born dead, and a child died during the first week of life shall be performed in a registering body not later than five days from the date of childbearing or death of a child. 2. Birth of dead child shall be registered on the basis of medical certificate on perinatal death, issued by a healthcare organization or a physician in private practice. The birth certificate of a child, born dead shall not be issued. The document, confirming the fact of the state registration of still-born child shall be issued upon request of parents. 3. In case of death of a child during the first week of life, the state registration of his (her) birth shall be performed on the basis of medical birth certificate, and the state registration of his (her) death - on the basis of certificate of perinatal death. On the basis of birth and death statements, only certificate of death shall be issued. The document, confirming the fact of state registration of birth of a child shall be issued upon request of parents. In the following, repeated certificates of death shall be issued as well. 4. Obligation on notification of registering bodies on still-born child or on birth and death of a child during the first week of life shall be assigned on: 1) administrator of a healthcare organization in which a childbearing was performed or in which a child died; 2) administrator of a healthcare organization, a doctor of which established the fact of still-born child, death of a child during the first week of life; 3) physician in private practice in case of childbearing out of a healthcare organization.
Article 198. State registration of birth of a child, attained the age of one or more years 1. In existence of the document on birth of a standard form, issued by a healthcare organization or a physician in private practice, the state registration of birth of a child, attained the age of one or more years shall be performed upon written application of parents or other interested persons. Upon attainment of the age of majority by a child, the state registration of birth shall be performed upon his (her) written application. The application shall be accompanied with a medical birth certificate, notice on the absence of act register on birth of a registering body of the relevant administrative-territorial entity, certificates of health, documents, certifying identity, marriage (matrimony) of parents, document, certifying identity of an applicant. 2. The state registration of birth of a child, attained the age of one or more years shall be performed on the basis of conclusion of a registering body, approved by a territorial body of justice.
Article 199. State registration of birth of foreign persons’ children The state registration of birth of foreign persons’ children, permanently or temporary residing in the territory of the Republic of Kazakhstan shall be performed in diplomatic representations or consular institutions of relevant foreign states, located in the territory of the Republic of Kazakhstan or pluralistically in the foreign establishments, if there are no such in the Republic of Kazakhstan. The state registration of birth of foreign persons’ children shall be performed at their wish in registering bodies at the place of their permanent or temporary residence without introduction of this information to the Government database on individuals and without assignment of personal identification number to a child.
Article 200. State registration of birth of a child in ceremonial surroundings At the wish of parents, a registering body shall conduct the state registration of birth of a child in ceremonial surroundings in own premises or in especially intended state marriage palaces.
Article 201. Information, introduced into register of births The following data shall be introduced into register of births: 1) date of state registration of birth of a child; 2) personal identification number assigned to a child; 3) number of birth statement of a child; 4) last name, first name, and optional patronymic, gender, date, birth place of a child; 5) number of born children (one, twins or more children); 6) note of live birth or birth of a dead child; 7) information of a document, confirming the fact of birth of a child; 8) legal address of a child; 9) last names, first names, patronymics (in existence of them), dates of births, age, permanent residence, legal address, citizenship, income source or place of work, education of parents and their nationality, if it is indicated in documents, certifying the identity; 10) information of document on the basis of which information of a father is introduced; 11) information about an applicant; 12) serial number of the issued birth certificate.
Article 202. Issuance of certificate on state registration of birth of a child On the basis of act register on the state registration of birth of a child, the birth certificate of standard form shall be issued. Birth certificate shall be issued to parents of newly-born child, other authorized persons or representatives of organizations in which a child is located. In case of birth of two or more children, the birth certificate shall be issued to each of a child.
Article 203. Birth certificate Birth certificate shall contain the following information: 1) last name, first name, patronymic (in existence of it), date and place of birth of a child; 2) date of making and number of act register; 3) personal identification number; 4) last names, first names, patronymics (in existence of them), nationality of parents, if it is specified in documents, certifying the identity; 5) citizenship of parents; 6) place of state registration (name of a registering body); 7) date of issuance of birth certificate. Chapter 26. STATE REGISTRATION OF ESTABLISHMENT OF PATERNITY
Article 204. Basis for state registration of establishment of paternity 1. State registration of establishment of paternity shall be performed in registering bodies on the basis of: 1) joint application of parents of a child for establishment of paternity; 2) application of the father of a child in case of the mother’s death, declaration of the mother as decedent; recognition of mother as incapable due to disease of mental or dementia; deprivation or restriction of parental rights of a mother; impossibility to establish a place of residence of mother of a child; 3) court decision on establishment of paternity, as well as establishment of the fact of acknowledgement of paternity and fact of paternity. 2. Establishment of paternity upon application of a person, recognized incapable in a judicial proceeding due to the disease of mental or dementia, as well as upon the application of a trustee of this incapable person shall be prohibited.
Article 205. Place of state registration of establishment of paternity State registration of establishment of paternity shall be performed by registering bodies at birth place of a child, at place of residence of a father or mother of a child or at place of rendering of court decision on establishment of paternity or establishment of the fact of acknowledgement of paternity and fact of paternity. In case of mother’s death or recognition of her incapacity, impossibility to establish a place of mother’s location or in case of deprivation of her parental rights, the place of registration of establishment of paternity shall be the place of child’s location.
Article 206. State registration of establishment of paternity on the basis of joint application of parents of a child 1. Joint application of parents on establishment of paternity shall be submitted to a registering body at birth place of a child or place of residence of one of them. In case when submission of joint application is complicated, the separate applications may be submitted by a father or mother of a child to a registering body. 2. In case if one of parents may not come in person to a registering body for the state registration of establishment of paternity for a valid reason, his (her) signature on the application shall be notarized. 3. In case, when submission of parent’s application of establishment of paternity after birth of a child may be impossible or difficult, the advance submission of joint or separate application to a registering body at the place of residence in respect of unborn child during the pregnancy of a mother, confirmed by medical certificate shall be allowed. Register on parents of a child shall be made after birth of a child. Such application may be withdrawn by parents of a child at any time before performance of the state registration of paternity. 4. Jointly with the application of parents on establishment of paternity, the documents, certifying the identity of parents and birth certificate of a child shall be presented, in case of submission of such application before the birth of a child-a medical certificate, certifying the pregnancy of a mother, issued by a healthcare organization or a physician in private practice. If the state registration of establishment of paternity is performed at the same time with the state registration of birth, the birth certificate of a child shall not be required. 5. Establishment of paternity shall be performed by a registering body in the presence of both parents on the day of submission of the application, with the exception of cases, provided in paragraphs 2 and 3 of this Article.
Article 207. Giving a last name, patronymic to a child in a joint application of parents on establishment of paternity 1. In a joint application of parents on establishment of paternity, the last name of a child shall be established by the agreement of parents, and in the absence of agreement - in a judicial proceeding. Selected last name of a child shall be stated in the application on establishment of paternity. 2. The patronymic of a child may be changed by the name of a father, as well as in respect of adult child if there are no objections from his (her) side. In case when the patronymic of a child, earlier stated in his (her) birth statement (as ordered by mother) is at variance with the name of a person, recognized as the father of a child, a registering body shall not have the right to deny the state registration of establishment of paternity. 3. If parents of a child entered into marriage (matrimony) after his (her) birth, the introduction of information about father to birth statement of a child without state registration of establishment of paternity shall be prohibited.
Article 208. State registration of establishment of paternity upon the application of a person, recognizing himself as the father of a child 1. State registration of establishment of paternity upon written application of a person, recognizing himself as the father of a child shall be performed in the manner, established by this Code. 2. The application of a person, recognizing himself as the father of a child shall be accompanied with the documents, certifying his identity and confirming the circumstances of mother’s absence: certificate of death of the mother; court decision on recognition of mother as incapable due to the mental disease or dementia, on her declaration as decedent, deprivation or restriction of mother’s parental rights; certificate of impossibility to establish the place of residence of the mother.
Article 209. Giving a last name, patronymic to a child during state registration of establishment of paternity upon application of a person, recognizing himself as the father of a child 1. The last name of a child shall be determined upon application of a person, recognizing himself as the father of a child with the agreement of a body, carrying out the functions of trusteeship or guardianship. 2. Patronymic of a child shall be changed by the name of the father, as well as in respect of adult child, if there are no objections from his (her) side.
Article 210. State registration of establishment of paternity on the basis of court decision on establishment of paternity, the fact of acknowledgement of paternity and fact of paternity 1. State registration of establishment of paternity shall be performed upon application of the mother, father or trustee or guardian of a child on the basis of court decision on establishment of paternity, as well as establishment of the fact of paternity and the fact of acknowledgement of paternity. 2. The application shall be accompanied by a copy of enforced court decision, the documents, certifying the identity of an applicant, and birth certificate of a child. 3. The court that rendered decision on establishment of paternity, as well as on establishment of the fact of paternity and the fact of acknowledgement of paternity shall be obliged to send a copy of this decision to a registering body at place of rendering of court decision within three days from the date of its enforcement. Article 211. Giving a last name, patronymic to a child during state registration of establishment of paternity by the court decision1. During state registration of establishment of paternity by the court decision, information about a father shall be stated in accordance with the court decision. Place of permanent residence of a father, place of work may be registered according to oral information, provided by an applicant, if this information is not stated in the court decision. In the absence of information about father’s nationality in the court decision, the column on nationality in the statement on establishment of paternity shall be filled in accordance of the document, certifying his identity. 2. The last name shall be given to a child in accordance with the court decision, and in the absence of such register - by the order of an applicant. In case of dispute on this issue, the last name shall be registered under the court decision.
Article 212. Simultaneous state registration of birth of a child and establishment of paternity In simultaneous state registration of birth of a child and establishment of paternity, the statements of birth and on establishment of paternity shall be made in a mandatory manner. The last name of a child shall be stated by the last name of the mother, the patronymic and information of the father shall be stated upon application of the father or by joint application of both of parents in the birth statement.
Article 213. Procedure for state registration of establishment of paternity in respect of an adult The state registration of establishment of paternity in respect of persons, attained the age of majority shall be allowed only with their written agreement, and if a person is recognized incapable - with the agreement of a trustee or a body, carrying out the functions of trusteeship or guardianship. The agreement of an adult person shall be expressed in a separate application or in his (her) signature under the joint application of parents. In submission of the application at the same time, an adult or his (her) trustee shall specify about wish to receive the father’s last name or preserve the last name of the mother.
Article 214. Application on establishment of paternity The application on establishment of paternity shall be submitted in written form by parents or by one of them, and in case of their death, disease or impossibility to make application by other reasons - by authorized representatives in the manner, established by the legislation of the Republic of Kazakhstan. If the application on the state registration of establishment of paternity isn’t submitted by the parents, but by other person, it shall present the document, certifying identity of an applicant.
Article 215. Procedure for introduction of changes during state registration of establishment of paternity 1. During the state registration of establishment of paternity, the relevant changes shall be introduced into birth statement on the basis of act register on establishment of paternity. The last name, patronymic of a child, as well as information about a father shall be introduced in accordance with Articles 207, 209 and 211 of this Code. 2. After introduction of relevant changes into birth statement, an applicant (applicants) shall be issued by new birth certificate of a child.
Article 216. Recognition of paternity, established beyond the borders of the Republic of Kazakhstan Paternity, registered by foreign establishments of the Republic of Kazakhstan in respect of a child shall be recognized, if at least one of parents has the citizenship of the Republic of Kazakhstan.
Article 217. Information, introduced into register of establishment of paternity The following facts shall be introduced into the statement on establishment of paternity: 1) date of the state registration of birth of a child; 2) number of the birth statement of a child; 3) last name, first name, patronymic (in existence of it) of a child before and after establishment of paternity; 4) date and place of birth of a child; 5) last names, first names, patronymics (in existence of them), date of birth, permanent place of residence, legal address, citizenship, income source or place of work of parents and nationality, if it is stated in the documents, certifying identity; 6) information about a document, on the basis of which the state registration of establishment of paternity is performed; 7) information about an applicant; 8) serial number of the issued certificate.
Article 218. Issue of certificate on state registration of establishment of paternity On the basis of act register on the state registration of establishment of paternity, a registering body shall issue the certificate on establishment of paternity. The certificate on establishment of paternity shall be issued at the place of state registration to one of parents or at their wish may be issued to each of them.
Article 219. Certificate on establishment of paternity The certificate on establishment of paternity shall contain the following information: 1) last name, first name, patronymic (in its existence) of the father of a child; 2) last name, first name, patronymic (in its existence), date of birth of a child; 3) last name, first name, patronymic (in its existence) of the mother of a child; 4) date of drawing up and number of act register; 5) place of the state registration, name of a registering body; 6) date of issue of certificate on establishment of paternity. Chapter 27. STATE REGISTRATION OF CONCLUSION OF MARRIAGE (MATRIMONY)
Article 220. Reasons for state registration of conclusion of marriage (matrimony) The state registration of conclusion of marriage (matrimony) shall be performed by registering bodies, on the basis of joint written application on entering into marriage (matrimony) in the form, established by the Ministry of Justice of the Republic of Kazakhstan.
Article 221. Place of state registration of conclusion of marriage (matrimony) The state registration of marriage (matrimony) conclusion shall be performed in any registering body in the territory of the Republic of Kazakhstan at the wish of persons, entering into marriage (matrimony).
Article 222. Term for filing of application on entering into marriage (matrimony) and term of state registration of conclusion of marriage (matrimony) 1. Application on entering into marriage (matrimony) shall be submitted to a registering body one month before the state registration of marriage (matrimony). 2. The state registration of marriage (matrimony) shall be performed by a registering body upon expiry of one month from the date of submitting the joint application on entering into marriage (matrimony). Running of the term shall begin on the next day after submission of application and shall be expired on the relevant date of next month. If this date falls on a legal holiday, the next business day shall be considered as the date of the end of period. Time of the state registration of conclusion of marriage (matrimony) shall be appointed by a registering body in concurrence with persons, willing to enter into marriage (matrimony). Time of the state registration shall be appointed to the intent that it doesn’t coincide with the time of state registration of death and dissolution of marriage (matrimony) in the same premises. 3. If the presence of both persons entering into marriage (matrimony) in a registering body during submitting the application on conclusion of marriage (matrimony) is impossible or highly difficult (distance of residence from each other, serious disease, record of military service and others), the application on conclusion of marriage (matrimony), filled in established form and signed by both persons, entering into marriage (matrimony) may be submitted by one of them. The signature of a missing person may be testified by the head of a registering body and sealed by registering body at the place of location of a citizen, by the notary officer or other civil servant that shall be empowered to make notarial actions in accordance with the legislative acts of the Republic of Kazakhstan, as well as in the following order: 1) military servants - by command officer of the relevant military unit; 2) citizens of the Republic of Kazakhstan, being on a marine craft during sailing or inland waterways crafts, flying the National flag of the Republic of Kazakhstan, - by commander of these marine crafts; 3) persons, being on expeditions, - by the heads of these expeditions; 4) persons, being in stationary healthcare organizations, - by the senior physicians of these organizations; 5) persons, being kept in agencies, executing a punishment in the form of arrest, custodial restraint, deprivation of freedom, - by the heads of the relevant agencies.
Article 223. Reduction and extension of terms of state registration of conclusion of marriage (matrimony) 1. According to joint application of persons, entering into marriage (matrimony), in existence of justifiable reasons (pregnancy, birth of a child, direct danger to life of one of parties and other special circumstances), confirmed by the relevant documents (certificate, issued by a medical-qualification commission on pregnancy, certificate of health, certificates, confirmed the other special circumstances), the head of a registering body at the place of state registration of conclusion of marriage (matrimony) shall allow conclusion of marriage (matrimony) before expiry of one month or increase this term, for no more than a month. The time on which the term may be reduced shall be determined in each particular case, depending on specific circumstances. 2. In certain cases, increase of waiting period of state registration of conclusion of marriage (matrimony) may be prolonged upon an initiative of a registering body only in existence of circumstances, impeding the state registration of conclusion of marriage (matrimony). A civil servant shall be obliged to suspend the register and require the presentation of relevant documentary proofs from an applicant before commitment of register on conclusion of marriage (matrimony) within required period, which may not exceed one month. A registering body shall make an inspection upon request of interested persons or its own motion. Persons submitted the application on entering into marriage (matrimony) shall be notified about delay of state registration of conclusion of marriage (matrimony). In existence of legal bars for conclusion of marriage (matrimony), a registering body shall refuse in its state registration. If information about such bars isn’t confirmed, the state registration of marriage (matrimony) shall be performed on a common basis. Inspection of named circumstances shall be completed within a period of one month. Permission on reduction or increase of the month’s period shall be issued in the form of resolution on the application on entering into marriage (matrimony) by the head of a registering body, and in his (her) absence - by a person, performing his (her) obligations. If persons, willing to enter into marriage (matrimony) may not come to a registering body on the certain day by justifiable reasons, the term of the state registration of conclusion of marriage (matrimony) shall be postponed upon their request.
Article 224. Application on entering into marriage (matrimony) 1. Application on entering into marriage (matrimony) shall be composed in written form. If there is no standard form of application, all the provided information shall be contained in the text of application in the optional form. For all the issued, contained in the form of application, the full and exact answers shall be given. 2. In submitting the application on entering into marriage (matrimony) it is necessary to present: 1) a citizen of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan or temporary staying abroad shall present certificate of identity or passport; a citizen of the Republic of Kazakhstan permanently residing abroad, - passport of the citizen of the Republic of Kazakhstan with a mark of a consular institution in foreign countries on registration as a citizen of the Republic of Kazakhstan permanently residing abroad; a foreign person permanently residing in the Republic of Kazakhstan shall present the registration certificate of a foreign person in the Republic of Kazakhstan. A foreign person temporary staying in the Republic of Kazakhstan shall present the document, issued by a law enforcement body of the Republic of Kazakhstan, permitting the part-time residence in the Republic of Kazakhstan; a stateless person permanently residing in the Republic of Kazakhstan shall present certificate of identity of a stateless person with a mark of law enforcement bodies of the Republic of Kazakhstan on registration at the place of residence. A stateless person temporary staying in the Republic of Kazakhstan shall present the document, certifying his (her) identity, issued by competent bodies of country of his (her) residence and registered in the manner, established by law enforcement bodies of the Republic of Kazakhstan.
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