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NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2016 No. 2

About practice of application by courts of the legislation on adoption (adoption) of children

(as amended on 07-12-2023)

Having studied practice of application by courts of the legislation on adoption (adoption) of children and for the purpose of uniform application of regulations of the existing matrimonial legislation, the plenary session of the Supreme Court of the Republic of Kazakhstan

decides:

1. The legislation of the Republic of Kazakhstan on adoption (adoption) of children at the national and international levels (further - adoption), is based on the Constitution of the Republic of Kazakhstan (further - the Constitution) and consists of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further - the Code), the Law of the Republic of Kazakhstan of August 8, 2002 No. 345-II "About the child's rights in the Republic of Kazakhstan", the Conventions on the Rights of the Child (it is accepted by the General Assembly of the United Nations on November 20, 1989, it is ratified by the resolution of the Supreme Council of the Republic of Kazakhstan on June 8, 1994 No. 77-XIII) (further – the Convention on the Rights of the Child), Conventions on protection of children and cooperation concerning foreign adoption (it is ratified by the Law of the Republic of Kazakhstan of March 12, 2010 No. 253-IV, became effective for the Republic of Kazakhstan on November 1, 2010) (further – the Convention on protection of children and cooperation concerning foreign adoption), normative resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan, the orders of the Government of the Republic of Kazakhstan of September 21, 2010 No. 966 "About measures for ensuring accomplishment by the Republic of Kazakhstan of the obligations following from the Convention on protection of children and cooperation concerning foreign adoption" of March 30, 2012 No. 380 "About approval of Rules of transfer of the children who are citizens of the Republic of Kazakhstan on adoption", orders of the Minister of Education and Science of the Republic of Kazakhstan of December 9, 2014 No. 513 "About approval of Rules of accreditation of the agencies on adoption and the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan", of June 29, 2016 No. 407 "About approval of Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support, of January 16, 2015 No. 13 "About approval of Rules of activities and structure of the commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption" of January 16, 2015 to No. 16 "About approval of Rules of the organization of accounting of orphan children and children without parental support, and information access about them", the order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 "About approval of the list of diseases in the presence of which person cannot adopt the child, accept it under guardianship or custody, patronage" (further – the List of diseases in the presence of which person cannot adopt the child, accept him under guardianship or custody, patronage), the order of the deputy. The Minister of Foreign Affairs of the Republic of Kazakhstan of June 14, 2016 No. 11-1-2/262 "About approval of Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living outside the Republic of Kazakhstan, the foreigners wishing to adopt orphan children, children without parental support, being citizens of the Republic of Kazakhstan and other regulatory legal acts.

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