Grounds for the cancellation of the adoption of a child
Considering the grounds for canceling the adoption of a child, it is necessary to emphasize that the cancellation of adoption is allowed by the KBS only when the adoption ceases to meet the interests of the child. The indisputable grounds (circumstances) for the cancellation of the adoption are specified in paragraph 1 of Article 106 of the KBS, the adoption of a child is canceled in cases where the adoptive parent:
1) avoids fulfilling the duties assigned to him by the parents;
2) abuses parental rights;
3) mistreats an adopted child;
4) carries out physical or mental violence against an adopted child;
5) encroaches on the sexual integrity of the adopted child;
6) recognized as a patient with alcoholism, drug addiction and (or) substance abuse;
7) violates the rights of the adopted child established by the legislation of the Republic of Kazakhstan and international treaties to which the Republic of Kazakhstan is a party.
A request to cancel an adoption may be made if there are the aforementioned grounds.
In accordance with Article 62 of the KBS, a child has the right to express his opinion when resolving any issue affecting his interests in the family, as well as to be heard during any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where it contradicts his interests.
If circumstances are established that indicate the behavior of the adoptive parents contrary to the interests of the child, the court decides to cancel the adoption.
Based on the interests of the child and taking into account the opinion of the child, the court has the right to cancel the adoption on grounds other than those mentioned above (paragraph 2 of Article 106 of the KBS). These may be various circumstances that are not necessarily the fault of the adoptive parents, but in any case affect the interests of the child. The Code does not even provide an approximate list of these other grounds for canceling an adoption in the interests of an adopted child. Such circumstances in paragraph 16 of the NP indicate that it is possible to include: the failed relationship between the adoptive parent and the adopted child due to their personal qualities.; identification of mental disability or hereditary abnormalities in the child's state of health after adoption, which significantly complicate or make impossible the process of perception, the presence of which the adoptive parent was not warned at the time of adoption; restoration of the legal capacity of the child's parents, to whom he is strongly attached, cannot forget them, which negatively affects his emotional state, etc.
The reasons for the cancellation of the adoption may also be reasons, for example, concerning the adoptive parents themselves (unknown absence, serious illness, deterioration of financial situation, significant change in marital status, etc.), or reasons related to a change in circumstances after the adoption that made the adoption itself impossible (the parent recovered and was recognized by the court as capable, the court canceled the decision to recognize the parent as missing due to his appearance, etc.)
Thus, the court, based on paragraph 2 of Article 106 of the KBS, has the right to cancel the adoption of a child even in the absence of culpable behavior of the adoptive parent.
As you can see, the circumstances that necessitate the cancellation of adoption in the interests of the child are very diverse. In each specific case, the court, taking into account all the circumstances of the case, the conclusion of the body performing the functions of guardianship and guardianship, and necessarily the opinion of the child, will make an appropriate decision on the claim for the cancellation of the adoption (satisfy the claim or reject the claim).
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