LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2024 No. 148-VIII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the state awards, educations and protection of the rights of the child

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family":

1) in Item 1 of Article 1:

state subitem 11-1) in the following edition:

"11-1) foster professional home - form of the temporary device in the family which accepted on education without the preliminary choice no more than four children needing special social services in the bases provided by subitems 1), 2), 3) and 9) of Item 1 of article 133 of the Social code of the Republic of Kazakhstan, except for brothers and sisters;";

add with subitem 11-2) of the following content:

"11-2) foster home - device form in the family which accepted on education at least four and no more than ten orphan children, the children without parental support who are in the organizations of education for orphan children, children without parental support, except for brothers and sisters;";

12) after words "(adoptive parents)" to add the subitem with words ", the reception professional tutor (reception professional tutors)";

18) to add the subitem with words ", performing management and cross-industry coordination in the field of protection of the rights of children";

in Article 22:

the offer second of Item 1 to add with words ", and also conditions of the reached agreement";

add with Item 2-1 of the following content:

"2-1. In case of determination of procedure for communication of the parent with the child the court considers equal rights and obligations of parents, and also legitimate interests of the child.";

Article 48 to add 3) with words ", including the conclusion of molecular and genetic examination";

To exclude 4) in Item 2-1 of Article 66 of the word "upon the demand of the receiver of the alimony or his representative";

Heading of Chapter 11 to add 5) with words ", grandfathers, grandmothers, brothers and sisters";

Part the second Item 3 of Article 73 to state 6) in the following edition:

"If parents cannot come to the agreement, the dispute is resolved by the body performing functions on guardianship or custody, according to the procedure, determined by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan, and in case of disagreement with its decision - according to the procedure of mediation or court with participation of the body performing functions on guardianship or custody and the child's parents.";

To add 7) with Article 73-1 of the following content:

"Article 73-1. Right of grandfathers, grandmothers, brothers and sisters to communication with the child

1. Grandfathers, grandmothers, brothers and sisters have the right to communication with the child.

2. In case of refusal parents (one of them) from provision the dispute is allowed to grandfathers, grandmothers, brothers and sisters of the child of opportunity to communicate with them by the body performing functions on guardianship or custody, according to the procedure, determined by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.

In case of disagreement with the decision of the body performing functions on guardianship or custody, the dispute is resolved according to the procedure of mediation or court with participation of the body performing functions on guardianship or custody.";

To add Item 1 of Article 85 with part two of the following content:

"In case of adoption of the child concerning which the spouse of the applicant establishes paternity, the conclusion of the molecular and genetic examination confirming paternity concerning the adopted child is enclosed to the application for desire to adopt the child.";

"Items 5 and 6" shall be replaced with words 9) in Item 1 of Article 89 of the word "Item 5";

The subitem 2) of Item 1 of Article 114-1 to add 10) with words ", foster professional home";

Section 4 heading after the word "reception" to add 11) with words ", reception professional";

12) Item 1 of Article 116:

after the words "foster home" to add with words ", foster professional home";

add with part two of the following content:

"The privilege to education of orphan children, children without parental support, their relatives have.";

13) in Article 117:

and 5 to state items 4 in the following edition:

"4. The body performing functions on guardianship or custody in case of factual determination of lack of care from parents or other legal representatives within three working days from the date of receipt of data shall conduct examination of living conditions of the child and provide protection of the rights and legitimate interests of the child to the solution of question of its device.

5. The body performing functions on guardianship or custody enters data on orphan children, children without parental support, in the Republican databank (primary, centralized accounting) and provides their device in family (adoption, guardianship or custody, patronage, foster home).

The procedure for the organization of accounting of orphan children and children without parental support, and information access about them is determined by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.";

exclude Item 6;

Item 1 of article 118 after the word "reception" to add 14) with words ", reception professional";

Item 3 of Article 120 to add 15) with part two of the following content:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info