ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of January 16, 2015 No. 15

About approval of Rules of accounting of persons wishing to adopt children

According to Item 2 of article 89 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" PRIKAZYVAYU:

1. Approve the enclosed Rules of accounting of persons wishing to adopt children.

2. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan () provide Orazaliyev Z.:

1) in accordance with the established procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on official Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan E. N. Imangaliyev.

4. This order becomes effective after ten calendar days after its first official publication.

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan on January 16, 2015 No. 15

Rules of accounting of persons wishing to adopt children

1. These rules of accounting of persons wishing to adopt children are developed according to Item 2 of article 89 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (further - the Code) and determine procedure for the organization 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 children (further - citizens).

2. Accounting of citizens is made by the bodies performing functions on guardianship or custody of the area, city of regional, republican value, the capital (further - body).

3. Citizens submit to body for the place of the residence the written application about desire to adopt children (in any form) with appendix of the following documents:

1) copies of the identity document;

2) the written consent of close relatives to adoption of the child (in any form);

3) certificates of the size of comprehensive income (the certificate of the salary from place of employment, about the income from occupation business activity and other income of all jointly the living family members);

4) marriage search certificates (the copy of the certificate on the conclusion (termination) of scrap (matrimony), the copy of certificates of birth of children (in the presence of children));

5) the health declaration of citizens confirming absence of diseases according to the subitem 6) to part 1 of article 91 of the Code, and also the certificate of lack of data on condition on accounting in narcological and psychiatric dispensaries in the form approved by the order of the deputy. The Minister of Health of the Republic of Kazakhstan "About approval of forms of primary medical documentation of the organizations of health care" of November 23, 2010 No. 907 (registered in the Register of state registration of regulatory legal acts for No. 6697);

6) certificates of availability or lack of data on accounting of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan on crime committing by person;

7) copies of the document confirming the property right to the dwelling or right to use by the dwelling.

4. The body checks the right of citizens to be candidates for adoptive parents according to article 91 of the Code, and also completeness of the provided documents to Item 3 of these rules and their compliance to requirements of the current legislation of the Republic of Kazakhstan.

Following the results of check the body within ten calendar days from the date of receipt of the statement for desire to adopt the child conducts examination of domestic conditions of citizens by results of which it draws up the statement of inspection of domestic conditions of the citizens wishing to be candidates for adoptive parents in form according to appendix 1, and prepares the conclusion about possibility (impossibility) of citizens to be candidates for adoptive parents in form according to appendix 2 to these rules.

5. In cases of compliance of citizens to requirements of the current legislation the body within five calendar days from the date of signing of the conclusion issues to candidates for adoptive parents the original of the positive conclusion and registers them as candidates for adoptive parents by means of introduction of logging of accounting of persons wishing to adopt children in form according to appendix 3 to these rules.

On each candidate for adoptive parents the personal record which is stored in the certain room in body for the residence is opened.

6. In cases of discrepancy of citizens to requirements of article 91 of the Code, the original of the negative conclusion with reasons within five calendar days from the date of signing of the conclusion is issued to candidates for adoptive parents.

The negative conclusion is the basis for refusal in registration as candidates for adoptive parents. At the same time to citizens their documents provided according to Item 3 of these rules return.

Citizens have the right to appeal the negative conclusion in higher state body (the higher official) or in judicial authorities according to the procedure, established by the current legislation of the Republic of Kazakhstan.

7. If candidates for adoptive parents did not choose the child for adoption in the territory of the residence in the area, the city of republican value, the capital, the body for the residence of candidates for adoptive parents in case of their desire addresses with the written petition to body of other area, city of republican value, the capital for further registration in body as candidates for adoptive parents.

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