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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

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

(The last edition from 24-10-2016)

According to Item 6 of article 84 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of transfer of the children who are citizens of the Republic of Kazakhstan on adoption.

3. This resolution becomes effective from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 380

Rules of transfer of the children who are citizens of the Republic of Kazakhstan on adoption

1. General provisions

1. These rules of transfer of the children who are citizens of the Republic of Kazakhstan on adoption are developed according to Item 6 of article 84 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (further - the Code) and determine procedure:

1) transfers of the orphan children and children without parental support who are citizens of the Republic of Kazakhstan (further - children), on adoption to relatives irrespective of their nationality and the residence;

2) transfers of children on adoption to the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan;

3) transfers of the children staying on the centralized registry of orphan children and children without parental support (further - centralized accounting), in the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further - the Republican databank), on adoption to the citizens of the Republic of Kazakhstan who are constantly living outside the Republic of Kazakhstan, to foreigners.

2. Adoption is allowed concerning minor children whose birth is registered according to the procedure, established by the Code, and only in their interests taking into account opportunities of ensuring full physical, mental, spiritual and moral development, education and education of the child.

At the same time the age, degree of maturity and the consent of the child to adoption are considered.

3. Children, single or both parents of which are subject to adoption:

1) died;

2) refused the child;

3) are deprived and are not recovered in the parent rights;

4) agreed to adoption of the child to the relatives, persons who are married (matrimony) to mother or the father of the adopted child(children);

5) are recognized judicially as incapacitated, it is unknown absent or are declared the dead;

6) are not known.

Adoption of the found (thrown) child which parents are not known is performed in the procedure established by the Code in the presence of the protocol or the act issued by law-enforcement bodies or the body performing functions on guardianship or custody (further - body), certificates on its birth and the copy of the birth statement confirming registration of the birth of the child according to article 196 of the Code.

Adoption of the child left in maternity hospital (department) or other medical organization is performed in the procedure established by the Code in the presence of the relevant statement which is drawn up by administration of organization in which the child was left.

Adoption of the brothers and sisters who were brought up in one family by different persons is not allowed, except as specified, when adoption is equitable to interests of children and children do not know about the relationship, did not live and were not brought up jointly.

Adoption in the territory of the Republic of Kazakhstan by the foreigners who are married to citizens of the Republic of Kazakhstan, the child who is the citizen of the Republic of Kazakhstan is made according to the procedure, established by the Code for foreigners.

4. Full age persons, except for can be adoptive parents:

1) persons recognized by court incapacitated or it is limited by capable;

2) spouses, one of whom is acknowledged as court incapacitated or it is limited by capable;

3) persons deprived on court of the parent rights or limited by court in the parent rights;

4) persons discharged of obligations of the guardian or custodian for inadequate accomplishment of the assigned obligations on care of content of the wards, of ensuring care of them and treatment, protection of their rights and interests;

5) the former adoptive parents if adoption is cancelled by court on their fault;

6) persons who for health reasons cannot perform the parent rights, according to the list of diseases established by authorized body in the field of health care;

7) persons which do not have the permanent residence;

8) persons adhering to nonconventional sexual orientation;

9) persons having the outstanding or not removed criminal record for making of intentional crime at the time of adoption and also persons specified in the subitem 14) of this Item;

10) stateless persons;

11) the males who are not consisting in the registered scrap (matrimony), except as specified the actual education of the child at least three years in connection with the death of mother or deprivation of its parent rights;

12) persons who at the time of adoption have no the income providing to the adopted child the subsistence minimum established for the corresponding financial year by the Law of the Republic of Kazakhstan "About the republican budget";

13) the faces consisting on accounting in narcological or psychoneurological dispensaries;

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