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Order of the Ministry of Labour and social development of the Kyrgyz Republic

of May 6, 2016 No. 114

About approval of methodical instructions about procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens

According to the Code of the Kyrgyz Republic about children and Regulations on procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens, and also the List of diseases in the presence of which person cannot be adoptive father by the guardian (custodian) and the adoptive parent approved by the order of the Government of the Kyrgyz Republic of October 27, 2015 No. 733 I order:

1. Approve methodical instructions about procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens (further - Methodical instructions).

2. To heads of district city managements of social development by transfer of children on adoption (adoption) to be guided by Methodical instructions applied together with the Code of the Kyrgyz Republic about children and Regulations on procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens, and also the List of diseases in the presence of which person cannot be adoptive father, the guardian (custodian) and the adoptive parent approved by the order of the Government of the Kyrgyz Republic of October 27, 2015 No. 733.

3. Declare invalid:

- the order "About Approval of Methodical Instructions about Procedure for Transfer of Children Without Parental Support, on Adoption (Adoption) to Citizens of the Kyrgyz Republic" of September 9, 2013 No. 92;

- the order "About Procedure for Transfer of Children Without Parental Support on Adoption (Adoption) to Foreign Citizens" of February 16, 2012 No. 16;

- the order "About the Commission on implementation of matching of family for the child, without parental support" of July 16, 2014 No. 39;

- the order of November 3, 2014 No. 61.

4. To department of documentary providing and administrative support to bring this order to heads of district, city managements of social development.

5. To impose control of execution of this order on Polotova Zh. A. - deputy minister.

Minister

K. Bazarbayev

Approved by the Order of the Ministry of Labour and social development of the Kyrgyz Republic of May 6, 2016 No. 114

Methodical instructions about procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens

1. General provisions

1. These Methodical instructions about procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens (further - Methodical instructions) Regulations on procedure for transfer of children on adoption (adoption) to citizens of the Kyrgyz Republic and foreign citizens, approved by the order of the Government of the Kyrgyz Republic of October 27, 2015 No. 733 by transfer of the child on adoption (adoption) are developed for the purpose of explanation of regulations of the Code of the Kyrgyz Republic about children, and determines procedure:

- children concerning whom adoption (adoption) is allowed (further - adoption);

- persons having the right to be adoptive parents;

- accounting of persons wishing to adopt the child and determination of suitability to adoption;

- provisions of information about the child from among the children registered in national bank of data on children without parental support;

- accounting of the adopted children and control of conditions of their life.

2. Children concerning whom adoption is allowed

2. The Ministry of Labour and social development of the Kyrgyz Republic (further - the Ministry), and also district, city managements of social development (further - RGUSR) record the children without parental support (who are subject to adoption), by forming of national bank of data on children without parental support.

3. Children, single (one) or both parents of which (article 51 of the Code of the Kyrgyz Republic about children) are subject to adoption:

- died;

- mother (father) in accordance with the established procedure refused and agreed to adoption;

- are deprived by court of the parent rights and from the moment of deprivation of the parent rights there passed 6 months;

- are unknown or acknowledged court it is unknown absent;

- are recognized as court incapacitated;

- for the reasons recognized by court disrespectful more than 6 months are not lived together with the child and evade from his education and content.

4. The single parent of the child is his mother in cases when in the blotter of acts of the birth data on the father of the child are entered according to part 3 of article 54 of the Family code of the Kyrgyz Republic. Data on absence of the father are confirmed by the certificate of the birth of the established sample (No. form 4) or the copy of the birth record of the child which issue authorized state bodies in the sphere of civil registration (bodies of the REGISTRY OFFICE).

5. The reasons for which the child was left without care of parents and which are the bases for its transfer on adoption come to light concerning each of parents.

The fact of absence of parents (the single parent) (further - parents) is established based on the relevant documents:

- death certificates;

- the judgments about recognition of parents (one of parents) it is unknown absent or died, incapacitated, about deprivation of the parent rights (in the judgment the date of the introduction of the judgment in legal force certified by the signature of the judge and seal of court shall be specified);

- the act of detection of the thrown child, the act of leaving of the child in the organization of health care;

- statements for leaving of the child in delivery room and consent on transfer of the child to adoption signed by with own hand natural mother, and assured by the head of the organization of health care in the form approved by the order of the Government of the Kyrgyz Republic of October 27, 2015 No. 733 (appendix 1).

The statement of detection of the thrown child is drawn up by the employee of Department of Internal Affairs with participation of person who found the child, and witnesses. The act affirms the head of law-enforcement body in the territory of which the thrown child is found.

The act of leaving of the child in the organization of health care (hospitals and maternity hospitals) is constituted in case mother after the delivery left the child and about it there are no necessary data (the passport, the certificate of birth, etc. is not shown). Such statement is drawn up by the employee of law-enforcement bodies in the presence of officials of the organization of health care, RGUSR and affirms heads of law-enforcement body and is certified by seal.

All acts:

- the act of detection of the thrown child;

- the act of leaving in the organization of health care;

- the statement for leaving of the child and consent to transfer of the child on adoption;

are constituted in 4kh copies from which 1 copy is transferred to the organization of health care, 1 copy is transferred to law-enforcement body, and 2 copies are transferred to RGUSR.

RGUSR sends the letter (petition) for registration of the birth of the child and the statement of the certificate of birth with appendix of the act (original) to department of the REGISTRY OFFICE of the location of the child.

6. If mother (father) of the child wishes to transfer the child to adoption to the particular person, then mother (father) fills in the application form in the form approved by the order of the Government of the Kyrgyz Republic of October 27, 2015 No. 733 and the notary public (article 50 of the Code of the Kyrgyz Republic about children) assures.

Besides, the consent of parents to adoption can be expressed directly in court when considering the case about adoption.

Each of parents irrespective of shall express consent to adoption of the child whether he lives with the child jointly or separately from it. Does not matter also whether parents are married or their marriage is dissolved, or nullified.

The consent of the father to adoption is necessary in case of recognition of his paternity in voluntary or judicially according to Articles 52, 53 and 54 Family codes of the Kyrgyz Republic.

Parents have the right to agree to adoption of the child as the particular person, and without specifying of the particular person. The consent of parents to adoption of the child to the particular person can be received only after its birth and makes sure the notary. The consent of parents to adoption of yet not been born child is not allowed and has no legal force.

The consent of parents to adoption of the child has no prescriptive limit if it is not mentioned in the application. Parents have the right to withdraw without explanation agreed by them to adoption of the child before decision of court about adoption.

7. In case of adoption of the child of minor mother (father) which did not acquire full legal capacity consent to adoption, both minor parents, and their legal representatives is required.

Legal representatives of minor parents of the child are their parents. In case parents are absent (are unknown, died, are deprived of the parent rights, are acknowledged it is unknown absent or died, incapacitated), legal representative is the guardian, the custodian appointed by the judgment or administration of child care facility of residential type, irrespective of patterns of ownership, or his adoptive (fosterny) parents (article 52 of the Code of the Kyrgyz Republic about children).

If minor mother (father) of the child have no legal representatives, over them guardianship is not established, and they are not in the relevant organization or foster (fosterny) home, consent to adoption of the child certifies RGUSR at the place of residence (stay) of the child.

The consent of legal representatives or other persons, according to the Code of the Kyrgyz Republic about the children representing the interests of minor mother (father) of the child shall be expressed in writing (appendix 2), is certified notarially or RGUSR in the place of their residence or at the place of residence of minor parents, or on adoption production site, and also it can be certified by the head of child care residential care facility or other organization in whom there is child.

For adoption of the child of minor parents who according to Article 62 of the Civil code of the Kyrgyz Republic have capacity to act in full the consent of minor parents suffices. Acquisition of full legal capacity by minor parents shall be confirmed with the decision of RGUSR - with the consent of both parents, adoptive parents or the custodian or in the absence of such consent - by a court decision.

8. Adoption of the child can be made without the consent of parents if they are unknown; are deprived of the parent rights; are recognized as court incapacitated, it is unknown absent or died; more than six months are not lived together with the child and despite the prevention of department of protection of family and children of RGUSR do not take part in his education and content, not shown concerning the child of parent attention and care.

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