Changing the data in the child's birth certificate

No. 6001-22-00-6ap/2254 dated 05/11/2023

Plaintiff: K.V.

Defendant: GU "Apparatakima district of the city"

The subject of the dispute: the recognition of the illegal and cancellation of the restored record of the birth certificate, the decision to amend the said restored record of the birth certificate

Review of the plaintiff's cassation appeal.

PLOT:

K.V. and B.A. have been legally married since 09.03.2014. They have a minor son from their marriage, K.A. (hereinafter referred to as the child), born on 05/24/2016, a native of the city of the Federal Republic of Germany.

On 20.06.2016, the civil registry office of the Ministry of Internal Affairs of the Federal State of Schleswig-Holstein issued the birth certificate of K.A. for No. Y.

According to the certificate of divorce dated 04/19/2019, the marriage between K.V. and B.A. was dissolved on the basis of a court decision dated 01/19/2019.

On 07.10.2021, the mother of the child, B.A., applied to the civil status registration department of the State Institution "Akim's Office of the city district" (hereinafter referred to as the Department of Emergency Situations) with a request to restore the birth certificate of the child.

On 11.10.2021, the RAGS department restored the record of the child's birth certificate for no....-B. On 14.10.2021, the RAGS department, at the request of the child's mother, made changes to the restored record of the birth certificate in the child's last name from "K" to "B", and issued a birth certificate for the child's name.

K.V. motivated the demands by the fact that there were no grounds for restoring the child's birth certificate, since there had previously been no child registration records in Kazakhstan. The decision of the RAGS department to change the child's last name is illegal, since there was a dispute between the parties over the child's last name. The RAGS department, violating the rights and interests of the plaintiff, made changes to the child's last name.

Judicial acts:

1st instance: provided in the claim.

Appeal: the decision remains unchanged.

Cassation: judicial acts are upheld.

Conclusions:

The provisions of paragraph 4 of Article 64 of the Code "On Marriage (Matrimony) and Family" of the Republic of Kazakhstan (hereinafter referred to as the Code), which was in force at the time of the legal relationship and became invalid by the Law of the Republic of Kazakhstan No. 141-VII dated July 14, 2022, provide that if the parents live separately, having registered the dissolution of marriage (matrimony) with the registering authority, the parent, If the parent with whom the child lives wishes to give him his last name, the registration authority resolves this issue in the interests of the child without taking into account the other parent.

Rejecting the claim, the local courts concluded that the child's parents have been living separately since 2019, and the registration of the spouses' marriage by the registration authority was carried out in the same year. Also, at the time of making changes to the baby's birth certificate, there was no dispute between his parents.

The norm of paragraph 1 of Article 184 of the Code provides for the restoration of lost civil status records.

The person concerned, B.A., contacted the Department of the RAGS in order to obtain a birth certificate of a child of the sample of the Republic of Kazakhstan for the convenience of obtaining public services in the Republic of Kazakhstan.

The defendant, as the registering authority, is charged with verifying the validity of submitting an application for changing the child's last name without taking into account the opinion of the other parent in accordance with the requirements of paragraph 4 of Article 64 of the Code, which he did.

Thus, the local courts came to a reasonable conclusion that the defendant's actions had not violated the plaintiff's rights in any way.

 

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