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of December 8, 2004 No. ZR-123

(The last edition from 12-01-2018)

Accepted by National Assembly of the Republic of Armenia on November 9, 2004

Section 1. General provisions

Chapter 1. Family legislation

Article 1. Basic principles of the family legislation

1. According to article 16 of the Constitution of the Republic of Armenia, family as natural and main cell of society, basis of preserving and reproduction of the population, and also motherhood and the childhood are under special protection and protection of the state.

The state guarantees priority protection of the rights of children. The family legislation proceeds from need of strengthening of family, creation of the family relations on mutual love and mutual respect, mutual assistance and responsibility of all family members, inadmissibility of any intervention someone in cases of family, priority of education of children in family, ensuring free implementation by members of the family of the rights, possibilities of judicial protection of these rights.

2. The scrap concluded only in registration authorities of acts of civil status is recognized.

3. Women and men in case of marriage, in scrap, in case of annulment of marriage have the equal rights.

4. Legal regulation of the family relations is performed according to the principles of voluntariness of the marriage union of the man and woman, equal rights of spouses in family, permissions of family questions by mutual consent, cares of their welfare, ensuring priority protection of the rights and interests of minor and disabled family members.

5. In case of marriage and in the family relations the discrimination depending on race, skin color, ethnic or social origin, genetic signs, language, religion, outlook, political or different views, belonging to ethnic minorities, property status, the birth, disability, age or other circumstances of social nature is forbidden.

6. Freedom of marriage can be limited only for the purpose of protection of health and morals in the cases established by this Code.

7. Any action made concerning the child shall follow from its best interests. Ensuring the best interests of the child is directed to effective and complete implementation of the rights of the child affirmed by the Constitution and the laws of the Republic of Armenia taking into account intellectual and physical needs of the child, opportunities of the corresponding leaving and education for satisfaction of these requirements, importance of return to family or lives with family, importance of communication of the child with the parent and other family members for development of the child, question of national identity, cultural, language, spiritual or religious ties or education and value of the child in the family circle and other requirements, requirements and interests (further - the Best interests of the child).

8. If any of regulations it can be applied differently, then in case of its application, first of all, the Best interests of the child are considered.

Article 2. The relations regulated by the family legislation

The family legislation establishes conditions and procedure for marriage, termination of scrap and recognition by its invalid, governs the personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted), and in the cases and limits provided by the family legislation between other relatives and other persons, and also determines forms and procedure for the organization of child care and its education in family, without parental support.

Article 3. The legislation of the Republic of Armenia governing the family relations

1. The family relations in the Republic of Armenia are governed by the Constitution of the Republic of Armenia, this Code, the Civil code of the Republic of Armenia, other laws, international treaties of the Republic of Armenia, and also other legal acts of the Republic of Armenia.

2. If the international treaty of the Republic of Armenia establishes other regulations, than those which are provided by the family legislation then are applied regulations of the international treaty.

Article 4. Application to the family relations of the civil legislation

The civil legislation is applied to the property and personal non-property relations between family members, stipulated in Clause 2 of this Code and not settled family legislation so far as it does not contradict being of the family relations.

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