Article 47. Establishment of the child's origin of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

Home / RLA / Article 47. Establishment of the child's origin of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

1. The child's descent from the mother (motherhood) is established by the registering authority on the basis of documents confirming the birth of the child by the mother in a medical organization.

 In the case of the birth of a child outside a medical organization, including the absence of documents certifying the identity of the mother and information in the State Database on individuals, its origin is established by the registering authority on the basis of a medical birth certificate confirming the fact of birth. In the absence of a medical birth certificate, the fact of the child's origin is established in court.

2. The child's descent from persons who are married to each other is confirmed by the parents' marriage certificate.

In the case of the birth of a child by a surrogate mother, the child's origin is confirmed on the basis of a concluded surrogacy agreement.

3. If a child is born within two hundred and eighty days from the date of dissolution of the marriage (matrimony), its invalidation, or from the moment of death of the spouse of the child's mother, the former spouse of the mother may be recognized as the father of the child, unless otherwise proven.

4. If the child's mother declares that the child's father is not her spouse or former spouse, paternity in respect of the child shall be established in accordance with the rules provided for in paragraph 5 of this Article or Article 48 of this Code, subject to a written statement by the mother and the child's father or spouse, former spouse. In the absence of such a statement, this issue is resolved in court.

The consent of the spouse or the former spouse of the woman who gave birth to establish paternity from another person is not necessary if there is a supporting document on the conduct of operational search measures issued by the internal affairs body, or on the entry into force of a court decision declaring him missing or incapacitated.

5. The paternity of a person who is not married to the child's mother is established by submitting a joint application to the registration authority by the father and mother of the child. In cases of death of the mother, recognition of her incapacity, inability to establish the location of the mother, or in the case of deprivation of her parental rights - at the request of the child's father with the consent of the body performing the functions of guardianship or guardianship, in the absence of such consent - by a court decision.

If the authenticity of the paternity of a man who is not the mother's spouse is established, the child's mother has the right to demand from him in court the appropriate funds for the costs of her maintenance.:

in normal childbirth, within seventy calendar days before delivery and fifty–six calendar days after delivery.;

in case of complicated childbirth or the birth of two or more children – within seventy calendar days before delivery and seventy calendar days after delivery.;

if the mother of the child resides in a territory exposed to nuclear tests, during normal childbirth – within ninety–one calendar days before delivery and seventy-nine calendar days (in the case of complicated childbirth or the birth of two or more children - within ninety-three calendar days) after delivery.

The amount of funds and the frequency of payments are determined by the court based on the financial and marital status and other interests of the parties that deserve attention, as a multiple of the monthly calculation index in effect at the time of payment of funds.

6. The exclusion of information about the child's father from the record of the state registration of birth, where the child's father is indicated by a person according to a certificate or record of the conclusion, dissolution of marriage (matrimony), as well as an application for adoption, establishment of paternity, is carried out by the registering authority on the basis of a court decision on the exclusion of information about the child's father in the record of the state registration births.

In other cases, information about the father is excluded at the request of the mother, who was not married at the time of the child's birth, in accordance with Article 183 of this Code.

7. The establishment of paternity in respect of a person who has reached the age of eighteen (majority) is allowed only with his consent, and if he is declared legally incompetent - with the consent of his guardian or the body performing the functions of guardianship or guardianship.

President

Republic of Kazakhstan

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