Article 1. The basic concepts used in this Code of the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan

Home / RLA / Article 1. The basic concepts used in this Code of the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan

1. The following basic concepts are used in this Code:

1) acts of civil status - legally established circumstances that individualize a person and which are associated with the emergence, existence and termination of his rights and obligations;

2) the civil registration Authority (hereinafter referred to as the registration authority) is the Government for Citizens State Corporation, which carries out state registration of civil status acts and other types of public services related to state registration of civil status acts;

2-1) information system of acts of civil status – an information system designed for state registration of acts of civil status, making changes, corrections, additions, cancellation and restoration of acts of civil status, also containing information constituting personal data of individuals;

3) accreditation is the official recognition by the authorized body in the field of protection of children's rights of the Republic of Kazakhstan of the right of adoption agencies and organizations to assist in the placement of orphaned children, children left without parental care, in the families of citizens of the Republic of Kazakhstan to carry out their activities;

4) alimony is a monetary or material maintenance that one person is obliged to provide to another person who has the right to receive it.;

5) a child (children) left without parental care, - a child (children) who has been deprived of the care of a single or both parents due to the restriction or deprivation of their parental rights, recognition as missing, declaration of deceased, recognition as incompetent or with limited legal capacity, serving sentences in places of deprivation of liberty, evading the upbringing of a child or protecting his rights and interests, including refusal to take a child from an educational or medical organization, as well as in other cases of absence of parental care and in need of ensuring the necessary protection of his rights and interests, provided for by the laws of the Republic of Kazakhstan;

6) rejected child (rejected children) - a child whose parents (parent) refused his further upbringing, education, and financial support through the registration of relevant legal documents.;

7) establishment of paternity - establishment by the registering authority or by judicial procedure of the paternity of a child of a person who is not married to the child's mother;

8) child (children) - a person who has not reached the age of eighteen (majority);

9) adoption is a legal form of transfer of a child (children) to a family for upbringing on the basis of a court decision, as a result of which personal non-property and property rights and obligations arise, equated with the rights and obligations of relatives by origin.;

10) adoption agencies are non-profit, foreign organizations engaged in the adoption of children on the territory of their state and accredited to carry out such activities on the territory of the Republic of Kazakhstan in accordance with the procedure established by this Code.;

10-1) guest family – a family that has temporarily adopted orphaned children, children left without parental care, who are in organizations of all types (educational, medical, and others) during periods not related to the educational process (vacations, weekends, and holidays).;

11) childhood is the legal status of persons who have not reached the age of majority;

Note from <url>! Subparagraph 11-1) is provided for in the wording of the Law of the Republic of Kazakhstan No. 148-VIII dated 12/30/2024 (effective from 07/01/2025).

11-1) foster family is a form of placement in a family that has adopted at least four and no more than ten orphaned children, children left without parental care, who are in educational institutions for orphaned children, children left without parental care;

Note from <url>! Article 1 is provided to be supplemented by subparagraph 11-2) in accordance with the Law of the Republic of Kazakhstan No. 148-VIII dated 12/30/2024 (effective from 07/01/2025). Note from <url>! Subparagraph 12) is amended by the Law of the Republic of Kazakhstan No. 148-VIII dated 12/30/2024 (effective from 07/01/2025).

12) the legal representatives of the child are the parents (parent), adoptive parents (adoptive parents), guardian or trustee, foster parent (foster parents), foster carer and other persons replacing them who, in accordance with the legislation of the Republic of Kazakhstan, provide care, education, upbringing, protection of the rights and interests of the child;

13) close relatives - parents, children, adoptive parents, adopted children, full- and half-siblings, grandparents, grandchildren;

14) fictitious marriage (matrimony) is a marriage (matrimony) concluded in accordance with the procedure established by the law of the Republic of Kazakhstan, without the intention of the spouses or one of them to start a family.;

15) an identity document is a material object of a standard pattern with information about the personal data of an individual recorded on it, which makes it possible to establish the identity and legal status of its owner for identification purposes.

Identity documents include the documents specified in paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan "On Identity Documents".;

16) property - the relationship of one of the spouses to the close relatives of the other spouse;

17) orphan child (orphans) - a child (children) whose both or only parent have died.;

17-1) organization for assistance in the placement of orphaned children, children left without parental care, in the families of citizens of the Republic of Kazakhstan – a non-profit organization that provides assistance on a gratuitous basis in the territory of the Republic of Kazakhstan in the placement of orphaned children, children left without parental care, for family upbringing in accordance with the competence established by this Code, to citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who wish to adopt and have adopted children, and accredited for carrying out such activities in accordance with the procedure established by this Code;

17-2) The Republican Database of Orphaned Children, children left without parental care, and persons wishing to adopt children into their families (hereinafter referred to as the Republican Database) is a database containing information about orphaned children, children left without parental care, as well as persons wishing to adopt orphaned children, children left without parental care, to be raised by their families;

17-3) a large family is a family consisting of four or more minor children living together, including children who study full–time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach adulthood until graduation educational organizations (but not more than up to the age of twenty-three);

18) the authorized body in the field of protection of children's rights of the Republic of Kazakhstan is the central executive body determined by the Government of the Republic of Kazakhstan, which provides leadership and intersectoral coordination in the field of protection of children's rights;

19) guardianship is a legal form of protection of the rights and interests of a child (children) aged from fourteen to eighteen years, as well as adults who are limited in legal capacity by the court due to abuse of gambling, betting, alcoholic beverages or narcotic drugs;

20) excluded by the Law of the Republic of Kazakhstan dated 04/01/2019 No. 240-VI (effective ten calendar days after the date of its first official publication);

21) guardianship is a legal form of protection of the rights and interests of children under the age of fourteen and persons declared legally incompetent by the court.;

22) guardian or trustee - a person appointed in accordance with the procedure established by the law of the Republic of Kazakhstan to perform guardianship or trusteeship functions;

23) assisted reproductive methods and technologies - a set of medical measures for diagnosis, treatment and rehabilitation aimed at correcting the reproductive activity of citizens;

24) financial situation - the presence or absence of wages, pensions, other incomes; their size; the presence of property; receiving or not receiving financial assistance from other family members;

24-1) the authorized body in the field of state family policy is the central executive body responsible for the management and intersectoral coordination of the formation of state family policy;

25) contractual property regime - the property regime of the spouses established by the marriage contract;

26) marriage (matrimony) is an equal union between a man and a woman, concluded with the free and full consent of the parties in accordance with the procedure established by the law of the Republic of Kazakhstan, with the aim of creating a family, generating property and personal non-property rights and obligations between the spouses.;

27) marital age - the age established by this Code, upon reaching which a person has the right to enter into marriage (matrimony);

28) unmarried mother, - a woman who has given birth to a child (children), but is not married, registered with the registration authorities;

29) family - a circle of persons connected by property and personal non-property rights and obligations arising from marriage (matrimony), kinship, property, adoption or other form of adoption of children for upbringing and designed to promote the strengthening and development of family relations;

30) marital status - a condition or failure in marriage (matrimony) or dissolution of marriage (matrimony), widowhood, the presence or absence of children or other family members;

30-1) a child (children) in need of special social services is a child (children) whose vital activity is disrupted as a result of the circumstances provided for by the legislation of the Republic of Kazakhstan on social protection, and who cannot overcome these circumstances independently or with the help of his family.;

31) foster care is a form of upbringing in which orphaned children, children left without parental care, are transferred to foster care in families under an agreement concluded by the body performing guardianship or guardianship functions and the person who expressed a desire to take the child (children) for upbringing.;

32) reproductive health - human health, reflecting his ability to reproduce full-fledged offspring;

33) a surrogate mother is a woman who carries a fetus after using assisted reproductive methods and technologies and gives birth to a child (children) for customers according to a surrogacy agreement.;

34) surrogate motherhood - carrying and giving birth to a child (children), including cases of premature birth, under an agreement between the surrogate mother and the spouses with payment of remuneration;

35) a surrogacy agreement is a notarized written agreement between persons who are married and wish to have a child and a woman who has given her consent to bear and give birth to a child through the use of assisted reproductive methods and technologies.;

36) relatives are persons who are related and have common ancestors before their great-grandparents.

2. The concepts of "adoption" and "adoption", "adoptive parents" and "adoptive parents", "adopted children" both "adopted persons", "child (children)" and "child", "parents (parent)" and "parents", "spouse (spouse)" and "spouses" are equivalent, unless otherwise provided by this Code.

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