Grounds for cancellation of adoption, termination of adoption in court
When considering cases of this category, the following shall be applied::
The Constitution of the Republic of Kazakhstan;
The Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" dated December 26, 2011 No. 518-IV;
Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 28, 2000 No. 4 "On the application of legislation by courts in resolving disputes related to the upbringing of children";
The Law of the Republic of Kazakhstan dated August 8, 2002 No. 345 "On the rights of the child in the Republic of Kazakhstan";
Declaration of the Rights of the Child, adopted by the UN General Assembly on November 20, 1959;
Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 17 dated December 22, 2000 "On certain issues of application by courts of legislation on marriage and family in cases of adoption of children" (hereinafter – NP).
Considering that these sources do not fully cover all cases of legal relations in cases considered by the courts, the Code has been additionally studied, therefore, the theoretical part of the law enforcement of this category of cases has been covered in detail.
107 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter - KBS) is its judicial cancellation.
The procedural procedure for considering the cancellation of an adoption in a lawsuit or special proceedings is not regulated by the Code of Civil Procedure. However, the consideration of this category of cases in the order of claim proceedings is laid down in paragraph 16 of the NP.
Persons who have the right to file a claim for the cancellation of an adoption, as well as the grounds for the cancellation of an adoption, are provided for in articles 106, 108 of the KBS.
The cancellation of an adoption is allowed, as a general rule, only until the adopted child reaches the age of majority, except in cases where such cancellation has the mutual consent of the adoptive parent and the adopted child, as well as the parents of the adopted child, if they are alive, are not deprived of parental rights or are not limited in them or are not recognized by the court as legally incompetent (art..
The body performing the functions of guardianship and trusteeship, as well as the prosecutor, must take mandatory part in the consideration of such cases (paragraph 2 of Article 107 of the KBS). The requirement for the participation of the body performing the functions of guardianship and guardianship in resolving the dispute arises from the tasks defined by family and civil legislation and is aimed at ensuring proper protection of the legitimate rights and interests of adopted children. The prosecutor is also required to participate in the resolution of the case on the cancellation of the adoption (in any case, from the stage of the trial).
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