of November 29, 2018 No. 16
About application of the legislation by courts by hearing of cases, connected with establishment of origin of the child
For the purpose of ensuring uniform application by courts of the legislation by hearing of cases, connected with the child's origin, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. The child's origin certified in the procedure established by the law of the Republic of Kazakhstan is the basis for emergence of the rights and obligations of parents and the child (Item 2 of article 46 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further - the Code)).
In case of dispute over questions of paternity (motherhood) of the child question of the child's origin, in particular, disputes on paternity proof; about contest of paternity (motherhood) and exception of information about the father (mother) of the child of the birth statement of the child are permitted by specialized interdistrict juvenile court according to the procedure of claim production with observance of requirements of Chapter 14 of the Code of civil procedure of the Republic of Kazakhstan (further - GPK).
Cases on factual determination of the birth of the child by the specific woman, factual determination of recognition of paternity or the fact of paternity are permitted by specialized interdistrict juvenile court according to the procedure of special proceeding by the rules established by Chapter 32 GPK.
2. Courts need to consider that the disputes connected with establishment of origin of children can be resolved by court only after the child's birth.
If the statement connected with establishment of origin of the child is submitted till the child's birth (for example, about contest of paternity), the judge refuses its acceptance based on the subitem 1) to part one of Article of 151 GPK. Such refusal does not interfere with repeated appeal to the court with the specified statement after the child's birth.
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