Kazakhstan
Adoption Law
Decree of the Government of the Republic of
Kazakhstan on November 12, 2002 # 1197
about the Statement of the Regulations of the
children transfer, the citizens of the Republic
of Kazakhstan, to the adoption of the foreigners.
In
accordance with Article # 209 of Law of
the Republic of Kazakhstan"Marriage and
family”, the Government of the Republic of
Kazakhstan DECREES
1.
To state the following regulations of the
transfer of children, the citizens of the
Republic of Kazakhstan, to the adoption of
foreigners.
2.
The present decree comes into effect from the day
of signing.
Prime
Minister of the Republic of Kazakhstan
Tasmagambetov
Stated by the decision of the Government of
the Republic of Kazakhstan
November 12, 2002, # 1197
Regulations
Of the transfer of the children, citizens of
the Republic of Kazakhstan, to the adoption of
the foreigners
| 1. |
This regulation states
the adoption process of children,
citizens of the Republic of Kazakhstan,
by foreigners. Adoption can be executed
only for under age children and within
their interests.
|
| 2. |
Parentless children,
citizens of the Republic of Kazakhstan,
can be adopted by foreigners provided
that there are no Kazakhstani citizens or
permanent residents or relatives
regardless of their nationality and place
of residency willing to adopt the child.
|
| 3. |
A child becomes eligible for adoption
by foreigners only three months after the
child's data is entered in the Republic's
databank of orphans for centralized
registration.
|
| 4. |
The adoption is implemented in
accordance with the Law of the RK Marrriage
and Family and Civil Remedial
Legislation.
|
| 5. |
The required personal appearance of
the foreigner(s) intending to adopt a
child does not contradict with their
rights to have a representative in the
process of adoption whose rights and
duties are defined by Civil and Civil
Legislation as well as to use
translator's services, if required.
|
| 6. |
Foreigners intending to adopt
children have a right to enter Kazakhstan
with Kazakhstani entry visa. Entry visas
and relevant documents are issued
by Kazakhstani Embassies or Consulates
representative offices, sometimes, by
specially authorized representatives of
Republic Kazakhstan.
Base for the issuing of a visa is the
invitations of the receiving party and
the permission of authorized bodies of
the Republic of Kazakhstan, if different
is not provided by the international
agreements of the Republic of Kazakhstan.
|
| 7. |
The documents about the children to
be adopted shall be available to the
prospective adoptive parents. The
prospective parents shall confirm in
writing their awareness of the results of
the orphan's medical examination report/diagnosis.
|
| 8. |
The prospective adoptive parents have
a right to obtain detailed information
regarding the orphans they intend to
adopt if they have any relatives.
|
| 9. |
The prospective adoptive parents must
have direct contacts with the children at
their permanent place or residence (to
learn about the child's personality,
habits, preferences, features; should
walk and play with the child) for at
least two weeks following the completion
of routine requirements in accordance
with regulations of educational,
therapeutic and prophylactic
establishment in presence of a translator
if required and a representative of the
guardianship entity.
|
| 10. |
After a child to be adopted is
identified, the Body of guardianship and
trusteeship enguries the Central
Executing Agency in the field of
education for confirming the fact if the
child is in the centralized database of
orphans.
|
| 11. |
The following documents shall be
presented by the prospective parents to
the guardianship entity where the child
resides: application, documents
certifying financial situation, documents
about marital status, prospective parent(s)
medical examination report, personal
characteristics, issued by foreing
agences.
|
| 12. |
The guardianship entity shall provide
the court with the conclusion about the
validity of adoption and its
correspondence to the interests of the
adopted child, containing information
about the personal contacts between the
prospective adoptive parent(s) and the
child.
|
| 13. |
Orphans may be adopted by foreigners
under a court decision at the place of
the orphans' residence on the basis of
their application.
|
| 14. |
Adoption cases are subject to a court
hearing with the obligatory participation
of perspective parents, guardianship
entity representatives and a prosecutor.
|
| 15. |
Adoption of a child is subject to
a state registration according to the
order established for the state
registration of act of civil status.
|
| 16. |
The rights and obligations of both
the adoptive parent(s) and child become
effective immediately after the court
decision on adoption enters into force.
|
| 17. |
The organs of guardianship and
trusteeship transfer the adopted child
upon presentation of the passport and
resolution of law court by the adoptive
parent.
|
| 18. |
To protect the rights and interests
of the adopted children the embassies and
consular sections of the Republic of
Kazakhstan shall oversee their living
conditions and family environment in
accordance with the current legislation
of the Republic of Kazakhstan.
|
| 19. |
Annually before reaching of the
maturity of the adopted child adoptive
parents have to send information about
the child' environment, health and family
situation to the guardianship entity on
the previous residence of a child with
attached pictures.
|
| 20. |
In the case, if as a result of
adoption, the child's rights granted by
the Law of the Republic of Kazakhstan and
international agreements of the Republic
of Kazakhstan are disrupted, the
adoption shall be cancelled under a court
decision. The parents of the
adopted child, persons whose rights were
violated through the adoption, the
prosecutor, and the guardianship entities
have a right to apply for the adoption
cancellation or revocation. |
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