Comments on article 312. Documents attached to the application for adoption of the Civil Procedure Code of the Republic of Kazakhstan
The application for adoption must be accompanied by:
1) a copy of the marriage certificate of the adoptive parents (adopter) - when the child is adopted by married persons (person);
2) when adopting a child by one of the spouses, the consent of the other spouse or a document confirming that the spouses have terminated family relations. If it is impossible to attach the relevant document to the application, the application must contain evidence confirming these facts.;
3) a medical report on the health status of the adoptive parents (the adoptive parent);
4) a certificate from the place of work on the position held and salary or other income document; 5) a document confirming the right to use residential premises or ownership of residential premises; 6) other documents provided for by the laws of the Republic of Kazakhstan.
The attachment of these documents to the application is mandatory, since when considering an application for adoption, the court must clarify such legally significant circumstances as the health status, occupation, social circle, financial, housing conditions of the adoptive parents.
A document confirming that the spouses have terminated family relations should include a certificate of divorce, a court decision on the dissolution of marriage, a court decision recognizing one of the spouses as missing, and other written evidence.
When examining the medical report on the state of health of the adoptive parents (the adopter), the court must in each case check whether the candidates for adoptive parents have any diseases listed in the List of diseases approved by Resolution of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 404, in the presence of which a person cannot adopt a child, take him under guardianship or guardianship., patronage.
When considering applications for the adoption of a child by foreign citizens, medical reports on the health status of the adoptive parents (adoptive parents) issued in their country of residence, based on the results of their medical examination by specialist doctors, are acceptable and sufficient evidence to confirm the applicants' health status.
If the court has doubts about the validity of the medical report and its proper formalization, the court may invite the applicants to undergo a medical examination at a medical institution in the Republic of Kazakhstan and submit an appropriate medical report on their state of health.
If the application for adoption does not comply in form and content with the requirements provided for in Articles 311-312 of the CPC, the judge, in accordance with subparagraph 3) of the first part of Article 152 of the CPC, if it is impossible to eliminate deficiencies at the stage of preparing the case for trial, returns the application.
The return of the application does not prevent a second appeal to the court with an application for adoption, if the violation is eliminated.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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