ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2015 No. 113

About approval of Rules of registration, issue, replacement, delivery, withdrawal and destruction of the certificate of birth

According to the subitem 3) Item 2 of article 7 of the Law of the Republics Kazakhstan "About judicial authorities" of March 18, 2002 and the subitem 1) article 28 of the Law of the Republic of Kazakhstan of January 29, 2013 "About identity documents", PRIKAZYVAYU:

1. Approve the enclosed Rules of registration, issue, it is hushed up delivery, withdrawals and destructions of the certificate of birth.

2. To impose control of execution of this order on the Deputy minister of justice of the Republic of Kazakhstan Abd_rayy B. Zh.

3. To provide to department of registration service and organization of legal services in the procedure established by the legislation state registration of this order and its official publication.

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

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 25, 2015 No. 113

Rules of registration, issue, replacement, delivery, withdrawal and destruction of the certificate of birth

1. General provisions

1. These rules of registration, issue, replacement, delivery, withdrawal and destruction of the certificate of birth (further - Rules) are developed according to the subitem 1) of article 28 of the Law of the Republic of Kazakhstan of January 29, 2013 "About identity documents" and determine procedure for registration, issue, replacement, delivery, withdrawal and destruction of certificates of birth.

2. The main objectives of these rules consists in regulation of procedure for registration, issue, replacement, delivery, withdrawal and destruction of the certificate of birth.

3. In these rules the following concept is used:

The certificate of birth - the identity document of physical person testimonial of state registration of the fact of its birth.

2. Procedure for registration and issue of the certificate of birth

4. According to the subitem 2) of Item 1 of article 1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" of December 26, 2011 (further - the Code), department of civil registration (further - registering body) is the local executive body performing state registration of acts of civil status.

The registering body draws up and grants certificates of birth.

5. In areas where there are no registering bodies, the akim of the aul (village), settlement, aulny (rural) district makes documents acceptance on registration of the birth of the children who were born in their territory and reports them to registering bodies for registration, issue and delivery of certificates of birth.

6. Execution of the certificate of birth is performed by registering bodies based on the statement of parents or interested persons, at the place of residence of parents or one of them, or in the birthplace of the child.

7. For execution of the certificate of birth the following documents are provided:

1) the statement for state registration of the birth in form, according to appendix 1 to these rules;

2) copies of identity documents of parents;

3) the copy of the certificate on marriage (matrimony) of parents, for persons which registered scrap till 2008 (in the presence);

4) health certificate on the birth or copy of the judgment on factual determination of the birth;

5) the document confirming powers of the representative in case of impossibility of filing of application by parents or interested persons.

In case of state registration of the birth of the child who reached one year are also more in addition provided:

1) explanatory parents;

2) health certificate on the birth;

3) the notice on lack of the birth record of registering body of the corresponding administrative and territorial unit (for the children who were born till 2008);

4) the health declaration of the child in the place of its accommodation.

8. The application is submitted for state registration of the birth of the child in writing by parents (or one of them) no later than two months from the date of its birth, and in case of their death, disease or impossibility for other reasons to make the statement - interested persons or administration of the medical organization in which there was mother in case of the child's birth.

9. If not parents, but other persons addressed for state registration of the birth of the child, then these persons submit the identity document of the applicant, and also the document confirming its powers on registration of the birth of the child.

10. In case of the birth of the dead child, the registration application about the fact of its birth based on the health certificate on perinatal death is submitted by the responsible official of the medical organization no later than five days from the moment of childbirth.

11. In case of state registration of two or more children the application is submitted concerning everyone separately.

12. The birth of the found, thrown (negative) child is registered according to the statement of law-enforcement bodies, the body performing functions on guardianship or custody, administrations of the organization of education or the medical organization in which the child, no later than seven days from the date of detection, refusal or leaving is placed.

The protocol or the statement which is drawn up by the law-enforcement body or body performing functions on guardianship or custody with indication of time, the place and circumstances under which the child was found the document issued by the medical organization, confirmatory age and sex of the found child, and other personal information about the child is enclosed to the application.

13. In case of leaving of the child by unknown mother, the administration of the medical organization constitutes the protocol in the presence of two witnesses. In case of state registration of the birth protocols are enclosed to the application of the official of the medical organization for registration of the thrown (negative) child.

14. State registration of the birth of the child conceived during scrap (matrimony) and the father who was born after death or annulment of marriage (matrimony), or recognition of scrap (matrimony) invalid, is made in accordance with general practice if from the date of the death of the father or annulment of marriage (matrimony) or recognition its invalid there passed no more than two hundred eighty days.

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