RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 31, 2007 No. 122

About questions of adoption (adoption), establishment of guardianship, guardianship over children

Based on article 3 of the Law of the Republic of Belarus of July 20, 2006 "About modification and amendments in the Code of the Republic of Belarus about scrap and family" the Council of Ministers of the Republic of Belarus DECIDES: No. 164-Z

1. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in the resolution of Council of Ministers of the Republic of Belarus of September 21, 2004 No. 1173 "About approval of the Regulations on procedure for coordination of the procedure of the international adoption and interaction with competent authorities and the organizations of foreign states within this procedure" (The national register of legal acts of the Republic of Belarus, 2004, No. 154, 5/14880):

1.1.1. from the name and Item 1 of the word "bodies and" to exclude;

1.1.2. in Regulations on the procedure for coordination of the procedure of the international adoption and interaction with competent authorities and the organizations of foreign states within this procedure approved by this resolution:

"bodies and" to exclude from the name of the word;

to add Item 1 after the words "and protection" with the word of "legal";

state Item 2 in the following edition:

"2. This Provision determines procedure for coordination of the procedure of the international adoption between the Ministry of Education of the Republic of Belarus (further - the Ministry of Education) and competent state bodies of foreign states (further - foreign competent authority) and interactions of "National Center of Adoption of the Ministry of Education of the Republic of Belarus" organization (further - the National center of adoption) with specially authorized foreign states the organizations for adoption of children in the territory of the Republic of Belarus (further - the organizations for adoption of children) within this procedure.

The procedure for coordination of the procedure of the international adoption established by this Provision does not extend to cases of adoption by the relatives or the stepfather (stepmother) of the child living in the territory of foreign state.";

in Item 3:

part the second after words "the states, with" to add with the word "foreign";

third after the words "and protection" to add part with the word of "legal";

to add Item 5 after the words "the body represents" with words to "Ministry of Education";

in Item 6 part one:

in paragraph one of the word "bodies and (or) organizations" and "such body and (or) the organization" to replace respectively with words of "organization" and "such organization";

in the paragraph the second words "his (her) non-commercial status" shall be replaced with words "the non-commercial status of the organization, it";

word in paragraph four "body and (or) the organization" to replace with the word "organization";

word in paragraph six to "body and (or) the organization" to replace with the word of "organization";

in Items 7, to replace the 8 and 15 words "bodies and (or) organizations" with the word of "organization" in the corresponding case and number;

state Items 9 and 10 in the following edition:

"9. The procedure of the international adoption is considered approved if between the Ministry of Education and foreign competent authority the protocol on coordination of the procedure of the international adoption corresponding to the legislation of the Republic of Belarus is signed.

In the protocol on coordination of the procedure of the international adoption the organizations authorized by foreign competent authority for cooperation with the National center of adoption concerning the international adoption shall be specified.

10. The Ministry of Education in accordance with the established procedure sends to diplomatic representation or consular establishment of the Republic of Belarus in foreign state with which foreign competent authority the procedure of the international adoption, the copy of the protocol on coordination of the procedure of the international adoption and data on the organizations authorized by foreign competent authority for cooperation with the National center of adoption concerning the international adoption is approved.";

in Item 11 of the word "Bodies and (or) Organizations" and "bodies and (or) the organizations" to replace respectively with words of "Organization" and "organizations";

in Item 12 of the word "Bodies and (or) Organizations" to replace with the word of "Organization", the word "bodies and" to exclude;

"bodies and" to exclude from Item 13 of the word;

in Item 16 part one:

replace the words "bodies and (or) organizations" with the word of "organization" in the corresponding case and number;

"certain" to replace the word with the word "certain";

1.2. in Regulations on the orphanage of family type approved by the resolution of Council of Ministers of the Republic of Belarus of February 28, 2006 No. 289 (The national register of legal acts of the Republic of Belarus, 2006, No. 41, 5/21032):

1.2.1. third to state the paragraph to part two of Item 6 in the following edition:

"the medical certificate about the state of health of candidates for parents tutors issued by the state organization of health care according to the legislation of the Republic of Belarus in the form approved by the Ministry of Health;";

1.2.2. whether in paragraph five of Item 7 of the word "whether candidates for parents tutors were discharged" shall be replaced with words "children of candidates for parents tutors were recognized needing the state protection whether were discharged";

1.2.3. in Item 32:

third to state the paragraph to part one in the following edition:

"the medical certificate about the state of health, physical and intellectual development of the child transferred to the parent tutor issued by the state organization of health care according to the legislation of the Republic of Belarus in the form approved by the Ministry of Health;";

the fourth to exclude the paragraph;

the fifth or tenth to consider paragraphs respectively paragraphs the fourth or ninth;

in paragraph five of the word "about disease" shall be replaced with words "law-enforcement body about";

in paragraph six "information" to replace the word with the word "data";

in part two to replace the word "reference" with the word "conclusion";

1.2.4. in part three of Item 45 of the word "medicines funds are allocated" shall be replaced with words "medicines money is allocated";

1.2.5. from Item 49 of the word", term socks of which expired" to exclude;

1.3. in Regulations on the procedure for transfer of children on adoption (adoption) and control of living conditions and education of children in families of adoptive parents in the territory of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of February 28, 2006 No. 290 (The national register of legal acts of the Republic of Belarus, 2006, No. 39, 5/21012):

1.3.1. from Item 1 of the word "to foreign citizens and stateless persons," to exclude;

1.3.2. the fifth to state the paragraph to part two of item 4 in the following edition:

"the medical certificate about the state of health of the candidate for adoptive parents issued by the state organization of health care according to the legislation of the Republic of Belarus in the form approved by the Ministry of Health;";

1.3.3. whether in paragraph four of Item 6 of the word "whether it was discharged" shall be replaced with words "children of the candidate for adoptive parents were recognized needing the state protection whether the candidate for adoptive parents was discharged";

1.3.4. in Item 23:

third to state the paragraph in the following edition:

"the statement from medical documentation on the state of health of the child and the copy of the medical certificate about the state of health, physical and intellectual development of the adopted child issued by the state organization of health care according to the legislation of the Republic of Belarus in the form approved by the Ministry of Health;";

the fourth to exclude the paragraph;

the fifth or tenth to consider paragraphs respectively paragraphs the fourth or ninth;

in paragraph six to replace the word "reference" with the word "data";

1.3.5. to state the paragraph of the sixth part two of Item 27 in the following edition:

"data on availability and location of brothers and sisters;";

1.4. in Regulations on the procedure for the organization of work on establishment of guardianship (guardianship) on orphan children and children without parental support approved by the resolution of Council of Ministers of the Republic of Belarus of May 20, 2006 No. 637 (The national register of legal acts of the Republic of Belarus, 2006, No. 86, 5/22338):

1.4.1. in Item 6 part two:

third to state the paragraph in the following edition:

"the medical certificate about the state of health of the candidate for guardians (custodians) issued by the state organization of health care according to the legislation of the Republic of Belarus in the form approved by the Ministry of Health;";

in paragraph four of the word "about disease of parents (parent)" shall be replaced with words "law-enforcement body about";

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