On the ratification of the Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption

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Law of the Republic of Kazakhstan dated March 12, 2010 No. 253-IV

To ratify the Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption, adopted in The Hague on May 29, 1993.

President of the Republic of Kazakhstan N. NAZARBAYEV

Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption (Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 6, Article 63) (Entered into force on November 1, 2010)

The Signatory States to this Convention, recognizing that for the full and harmonious development of his or her personality, it is necessary for a child to grow up in a family environment, in an atmosphere of happiness, love and understanding, recalling that each State should, as a matter of priority, take appropriate measures to ensure that the child is raised in his or her own family, Recognizing that that foreign adoption can provide a child with the benefits of having a permanent family if a suitable family cannot be found for him in the country of origin., Convinced of the need to take measures to ensure that foreign adoptions are carried out taking into account the best interests of the child and respecting his fundamental rights and to prevent the abduction, sale or trafficking of children, desiring to adopt general provisions for this purpose, taking into account the principles set out in international instruments, in particular in The United Nations Convention on the Rights of the Child of November 20, 1989, the United Nations Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, and especially UN General Assembly Resolution 41/85 of December 3, 1986. on the transfer of children for upbringing and their adoption at the national and international levels, agreed on the following:

Chapter I. SCOPE OF THE CONVENTION

Article 1

The objectives of this Convention are: (a) Establish guarantees that foreign adoption is carried out in the best interests of the child and in compliance with his fundamental rights recognized by international law; (b) Establish a system of cooperation between the Contracting States to ensure the effectiveness of such guarantees and thereby prevent the abduction, sale or trafficking of children; (c) Ensure the recognition of adoptions in the Contracting States committed by in accordance with the Convention.

Article 2

1. The Convention applies when a child permanently residing in one Contracting State (the "State of origin") has moved, is moving, or is about to move to another Contracting State (the "receiving State"), either after his or her adoption in the State of origin by a spouse or a person habitually residing in the receiving State, or for the purpose of such adoption in in the receiving State or in the State of origin. 2. The Convention applies only to those adoptions that create a permanent bond between parents and children.

Article 3

The Convention ceases to apply if the consent referred to in paragraph (c) of article 17 has not been given before the child reaches the age of eighteen.

Chapter II. REQUIREMENTS FOR FOREIGN ADOPTION

Article 4

Adoption within the meaning of the Convention takes place only if the competent authorities of the State of origin: (a) Have established that the child can be adopted; (b) Have determined, after due consideration of the possibilities of placing the child in the State of origin, that foreign adoption is in the best interests of the child; (c) Have ensured that (1) the persons, institutions and authorities whose consent is required for adoption have been duly consulted and informed of the consequences of their consent, in particular as to whether or not the adoption will lead to the termination of the legal relationship between the child and the family of his origin; (2) such persons, institutions and authorities have given their consent voluntarily, in the required legal form, expressed or attested in writing, 3) the consent was not given for remuneration or compensation of any kind and was not withdrawn, and 4) where required, the consent of the mother was given only after the birth of the child.; d) made sure, taking into account the age and degree of maturity of the child, that 1) the child was consulted and properly informed about the consequences of adoption and the need for his consent to adoption, if such consent is required, 2) the child's desire and opinion were taken into account, 3) the child's consent to adoption, if such consent is required, it was obtained voluntarily, in an appropriate legal form, expressed or attested in writing, and 4) such consent was not given for remuneration or compensation of any kind.

Article 5

Adoption within the meaning of the Convention takes place only if the competent authorities of the receiving State: (a) Have determined that the prospective adoptive parents are eligible and suitable for adoption; (b) have ensured that the prospective adoptive parents are consulted to the extent necessary; and (c) have determined that the child is or will be allowed to enter and permanently reside in that State.

Chapter III. CENTRAL AUTHORITIES AND AUTHORIZED ORGANIZATIONS

Article 6

1. A Contracting State shall designate a central authority to perform the duties assigned to such authorities under the Convention. 2. Federal States, States with more than one legal system, or States with autonomous territorial units may appoint more than one central authority and specify the territorial or personal scope of their functions. Where a State designates more than one central authority, it indicates the central authority to which any message may be addressed for transmission to the appropriate central authority within that State.

Article 7

1. The central authorities shall cooperate with each other and develop cooperation between the competent authorities in their States in the field of child protection and in order to achieve other objectives of the Convention. 2. They directly take all appropriate measures to: (a) Provide information on the laws of their States relating to adoption and other general information such as statistics and standard forms; (b) Inform each other about the operation of the Convention and, as far as possible, remove all obstacles to its application.

Article 8

The central authorities themselves or through the State authorities shall take all appropriate measures to prevent unjustified financial or other benefits in connection with adoption and to prevent any practice contrary to the objectives of the Convention.

Article 9

The central authorities shall take all appropriate measures, either directly or through State authorities or other organizations duly authorized in their State, in particular to: (a) To collect, store and share information about the situation of the child and prospective adoptive parents, which is necessary for adoption; (b) To facilitate, comply with and accelerate the adoption procedure; (c) To promote the development of adoption counseling and post-adoption services in their countries; (d) Provide each other with general assessment reports on the experience of foreign adoption; (e) Respond, to the extent permitted by the law of their States, to reasonable requests from other central or State authorities for information on the specific situation in the field of adoption.

Article 10

Powers may be granted only to those organizations that can competently and appropriately perform the tasks assigned to them.

Article 11

Authorized organization:

a) pursues only non-profit objectives in accordance with such conditions and within such limits as may be established by the competent authorities of the State that authorized it;

(b) Is managed and staffed by staff trained according to ethical standards, training and experience to work in the field of foreign adoption; and

(c) Is subject to control by the competent authorities of that State with regard to its composition, activities and financial situation.

Article 12

An organization authorized in one Contracting State may perform its functions in the other Contracting State only if it has been authorized to do so by the competent authorities of both States.

Article 13

The names of the central authorities and, where necessary, the scope of their functions, as well as the names and addresses of authorized organizations, shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.

Chapter IV. PROCEDURAL REQUIREMENTS FOR FOREIGN ADOPTION

Article 14

Persons permanently residing in a Contracting State who wish to adopt a child permanently residing in another Contracting State shall apply to the central authority of their State of permanent residence.

Article 15

1. If the central authority of the receiving State is convinced that the applicants have the right to adopt and are suitable for this, it prepares a report including information about their identity, rights and suitability to adopt, biographical information, medical records and family history, social environment, reasons for adoption, ability to carry out foreign adoption, as well as characteristics of the children. which they will have to take care of.

2. He transmits the report to the central authority of the State of origin.

Article 16

1. If the central authority of the State of origin is convinced that the child can be adopted, then he/she:

a) prepares a report that includes information about his identity, the possibility of being adopted, biographical information, social environment, family history, medical record, including that of the child's family, and any special requirements of the child;

(b) Takes due account of the child's upbringing and his or her ethnic, religious and cultural ties and environment;

(d) Determine, in particular, on the basis of reports related to the child and the intended adoptive parents, whether the intended transfer is in the best interests of the child.

2. He/she transmits to the central authority of the receiving State his/her report on the child, evidence that the necessary consent has been obtained, and the reasons for the intention to move, without revealing the identity of the mother and father, if they should not be disclosed in the State of origin.

Article 17

Any decision in the State of origin that a child should be entrusted to prospective foster parents can only be made if:

(a) The central authority of that State has secured the consent of the intended adoptive parents;

b) the central authority of the receiving State has approved such a decision, where such approval is required by the law of that State or by the central authority of the State of origin.;

(d) The receiving State has determined, in accordance with article 5, that the intended adoptive parents are eligible and suitable for adoption and that the child is or will be allowed to enter and permanently reside in the receiving State.

Article 18

The central authorities of both States take all necessary steps to obtain permission for the child to leave the State of origin and enter and permanently reside in the receiving State.

Article 19

1. The transfer of the child to the receiving State can be carried out only if the requirements of article 17 have been fulfilled.

2. The central authorities of both States shall ensure that such transfer is carried out in a safe and appropriate environment and, if possible, accompanied by foster or prospective foster parents.

3. If the transfer of the child has not taken place, the reports referred to in articles 15 and 16 must be sent back to the authorities by which they were prepared.

Article 20

The central authorities inform each other about the adoption process and the measures taken to complete it, as well as about the progress of the placement process, if a probation period is required.

Article 21

1. Where an adoption takes place after the transfer of the child to the receiving State and the central authority of that State determines that the continued stay of the child with the intended adoptive parents is not in the best interests of the child, such central authority shall take the necessary measures to protect the child, in particular:

a) takes the child away from the intended foster parents and arranges temporary custody of the child;

(b) In consultation with the central authority of the State of origin, arrange without delay for the child's new placement for adoption or, if this is not appropriate, arrange for alternative long-term custody; the adoption will not take place until the central authority of the State of origin has been properly informed about the new intended adoptive parents;

c) as a last resort, arrange for the return of the child, if his interests so require. 2. Depending on the age and degree of maturity of the child, he is consulted and, where necessary, his consent is obtained regarding the measures taken in accordance with this article.

Article 22

1. The functions of the central body, according to this chapter, may be performed by State authorities or authorized organizations, according to Chapter III, to the extent permitted by the laws of its State.

2. Any Contracting State may declare to the depositary of the Convention that the functions of the central authority under articles 15-21 may be performed in such State to the extent permitted by law and under the supervision of the competent authorities of that State, as well as by organizations or persons who:

(a) Meet the requirements of honesty, professional competence, experience and accountability to that State; and

b) are endowed with the ethical qualities, education or experience to work in the field of foreign adoption.

3. The Contracting State which makes the declaration provided for in paragraph 2 shall inform the Permanent Bureau of the Hague Conference on Private International Law of the names and addresses of these organizations and persons.

4. Any Contracting State may declare to the depositary of the Convention that the adoption of children permanently residing in its territory may take place only if the functions of the central authorities are fulfilled in accordance with paragraph 1.

5. Notwithstanding any declarations made pursuant to paragraph 2, the reports provided for in articles 15 and 16 shall in any case be prepared under the supervision of a central authority or other authorities or organizations in accordance with paragraph 1.

Chapter V. RECOGNITION AND CONSEQUENCES OF ADOPTION

Article 23

1. An adoption registered by the competent authority of the State where the adoption is carried out in accordance with the Convention is recognized by the law of the other Contracting States. The certified certificate specifies when and by whom consent was given under article 17, subparagraph "c".

2. Each Contracting State, at the time of signature, ratification, acceptance, approval or accession, shall notify the depositary of the Convention of the name and functions of the authority or authorities authorized to issue certificates in that State. It shall also notify the depositary of any changes in the names of these bodies.

Article 24

Recognition of an adoption may be refused in a Contracting State only when the adoption is clearly contrary to its public policy, taking into account the best interests of the child.

Article 25

Any Contracting State may declare to the depositary of the Convention that it will not be bound by the provisions of this Convention with regard to the recognition of adoptions carried out in accordance with an agreement concluded on the basis of article 39, paragraph 2.

Article 26

1. Adoption recognition includes recognition:

a) the legal relationship between the child and his foster parents;

b) responsibility of foster parents for the child;

(c) Termination of the pre-existing legal relationship between the child and his mother and father, if the adoption has such consequences in the Contracting State in which it took place.

2. In the event that the adoption leads to the termination of the pre-existing legal relationship between the parents and the child, the child receives in the receiving State and in any other Contracting State where the adoption is recognized, the same rights that arise from adoptions that have these consequences in each such State.

3. The preceding paragraphs shall not preclude the application of any provision more favourable to the child in force in a Contracting State which recognizes adoption.

Article 27

1. Where an adoption authorized in the State of origin does not have consequences terminating the previously existing legal relationship between parents and the child, it may be converted into an adoption with such consequences in the receiving State, which recognizes the adoption in accordance with the Convention, if:

a) if the law of the receiving State allows it;

(b) If the consent referred to in article 4, sub-paragraphs (c) and (d), has been obtained or will be obtained for the purposes of such adoption.

2. Article 23 applies to the decision to change the consequences of adoption.

Chapter VI. GENERAL PROVISIONS

Article 28

The Convention does not affect any law of the State of origin that requires that the adoption of a child permanently residing within that State take place in that State, or that prohibits the placement of a child or his transfer to the receiving State prior to adoption.

Article 29

There should be no contact between the prospective adoptive parents and the child's parents or any other person who cares for the child until the requirements of article 4, sub-paragraphs "a" to "c", and article 5, sub-paragraph "a" are fulfilled, if the adoption does not take place within the family or if such contact meets the conditions established by the competent authority of the State of origin.

Article 30

1. The competent authorities of a Contracting State shall ensure that information in their possession concerning the child's parentage, in particular information concerning the identity of his parents, as well as medical records, is not disclosed.

2. They ensure that the child or his representatives have access to such information under appropriate guidance, to the extent permitted by the law of such State.

Article 31

Without prejudice to article 30, personal information collected or transmitted under the Convention, especially the information referred to in articles 15 and 16, shall be used only for the purposes for which it was collected or transmitted.

Article 32

1. No one should receive unjustified financial or other benefits from activities related to foreign adoption.

2. Only expenses and expenses, including reasonable professional fees to persons involved in the adoption process, may be fixed or paid.

3. Managers, administrators and employees of the bodies involved in the adoption process do not receive remuneration that is unreasonably higher than the cost of services rendered.

Article 33

The competent authority, which finds that any provision of the Convention is not being respected or there is a serious danger that it will not be respected, immediately informs the central authority of its State. This central authority is responsible for ensuring that appropriate measures are taken.

Article 34

If the competent authority of the receiving State requires it, it must be provided with a certified translation of the document corresponding to the original. Unless otherwise provided, the costs of such transfer are borne by the prospective adoptive parents.

Article 35

The competent authorities of the Contracting States should conduct the adoption process promptly.

Article 36

In relation to a State that has two or more systems of adoption law applicable in different territorial units:

(a) Any reference to permanent residence in that State shall be interpreted as referring to permanent residence in a territorial unit of that State;

(b) Any reference to the law of that State shall be interpreted as referring to the applicable law of the relevant territorial unit.;

(c) Any reference to the competent authorities or to the public authorities of that State shall be interpreted as referring to the same authorities authorized to act in the relevant territorial unit.;

(d) Any reference to authorized organizations of that State shall be interpreted as referring to authorized organizations in the relevant territorial unit.

Article 37

In relation to a State that has two or more legal systems governing the relations of different categories of persons in relation to adoption, any reference to the law of that State is interpreted as referring to the legal system specified by the law of that State.

Article 38

A State within which different territorial units have their own legal rules regarding adoption is not obligated to apply the provisions of the Convention if a State with a unified legal system is not obligated to do so.

Article 39

1. The Convention does not affect any international instruments to which Contracting States are Parties and which contain provisions on matters governed by the Convention, unless a declaration to the contrary has been made by the States parties to such an instrument.

2. Any Contracting State may conclude agreements with one or more other Contracting States with a view to the best possible application of the Convention in their mutual relations. These agreements may derogate only from the provisions of articles 14-16 and 18-21. The States that have concluded such an agreement shall transmit a copy of it to the depositary of the Convention.

Article 40

No reservations to the Convention are allowed.

Article 41

The Convention applies in every case where the declaration provided for in article 14 has been received after the entry into force of the Convention in the receiving State and the State of origin.

Article 42

The Secretary General of the Hague Conference on Private International Law regularly convenes a Special Commission to review the practical operation of the Convention.

Chapter VII. FINAL PROVISIONS

Article 43

1. The Convention is open for signature by States that were members of the Hague Conference on Private International Law during its seventeenth session and by other States that participated in that session.

2. It must be ratified, accepted or approved, and the instruments of ratification, acceptance or approval must be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, which is the depositary of the Convention.

Article 44

1. Any other State may accede to the Convention after its entry into force in accordance with article 46, paragraph 1.

2. The documents of accession shall be deposited with the depositary.

3. Such accession will be valid only in the relations between the acceding State and those Contracting States that have not raised objections to its accession within six months of receiving the notification referred to in subparagraph (b) of Article 48. Such an objection may also be raised by States at the time of ratification, acceptance or approval of the Convention after accession. The depositary must be notified of any such objection.

Article 45

1. If a State has one or more territorial units in which different legal systems apply to matters dealt with by the Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention applies to all of its territorial units or only to one or more of them, and may amend this declaration. by submitting another statement at any time.

2. Any such declaration must notify the depositary and specify the territorial units to which the Convention applies.

3. If a State does not make a declaration under this article, the Convention shall apply to all territorial units of such State.

Article 46

1. The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in article 43.

2. Subsequently, the Convention enters into force.:

(a) For each State ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

(b) For territorial units to which the Convention applies in accordance with article 45, on the first day of the month following the expiration of three months after the notification referred to in that article.

Article 47

1. Any State Party to the Convention may denounce it by written notification addressed to the depositary.

2. The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. When the notification specifies a longer period for the denunciation to take effect, the denunciation shall take effect after the expiration of such longer period following receipt of the notification by the depositary.

Article 48

The Depositary shall notify the member States of the Hague Conference on Private International Law, the other States that participated in the seventeenth session, and the States that joined in accordance with article 44 of the following:

(a) Signatures, ratifications, acceptances and approvals referred to in article 43;

(b) Accessions and objections to accessions referred to in article 44;

(d) The declarations and appointments referred to in articles 22, 23, 25 and 45;

(e) The agreements referred to in article 39;

(f) The denunciations referred to in article 47.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

Done at The Hague on May 29, 1993, in English and French, both texts being equally authentic, in a single copy, which shall be deposited in the archives of the Government of the Kingdom of the Netherlands. Certified copies of it will be sent through diplomatic channels to each member State of the Hague Conference on Private International Law on the date of its seventeenth session and to each other State that participated in that session.

For the Republic of Albania (P.) Engil BEG ALLA 12-09-00

For the Federal Republic of Germany (P.) E. VON PUTTKAMER 7-11-97

For the United States of America (P.) K. TERRY DORNBUSH 3-31-94

For the Republic of Argentina

For Australia (P.) E.F. DELOFSKY - subject to ratification 25-8-98

For the Republic of Austria (P.) ALEXANDER CHRISTIANI 18-12-98

For the Republic of Belarus (P.) V. LABUNOV 10-12-97

For the Kingdom of Belgium 27.01.99 (p.) JOAN SWINNEN, Ambassador of Belgium This signature equally binds the French Community and the German-speaking Community (P.) JOSEPH AELVOET, Attache of the Flemish Community.

For the Republic of Benin

For the Republic of Bolivia (P.) Carmina MANRIC DE SAMARLINI 10-11-2000

For the Republic of Brazil (P.) ALFONSO ARINOS DE MELLO-FRANCO

For the Republic of Bulgaria, KAMEN VELICHKOV is subject to ratification on February 27, 2001

For Burkina Faso (P.) SALIFO RIGOBERT CONGO April 19, 1994

For Canada (P.) MICHAEL R. BELL on April 12, 1994

For the Republic of Chile (P.) LEWIS G.PASCAL 13.7.99

For the People's Republic of China (P.) HUA LIMING November 30, 2000

For the Republic of Cyprus (P.) N. AGATHUS OCLEUS November 17, 1994

For the Republic of Colombo (P.) A. VILLAMIZAR on September 1, 1993

For the Republic of Korea For the Republic of Costa Rica (P.) ALFONSINA S.DE CHAVARRIA

For the Kingdom of Denmark (P.) JACOB RITTER July 2, 1997

For the Arab Republic of Egypt

For the Republic of El Salvador (P.) JOAQUIN RODEZNO November 21, 1996

For the Republic of Ecuador (P.) ABELARDO POSSO SERRANO on May 3, 1994

For the Republic of Spain (P.) R.PASTOR RIDRUJO 27-3-95

For the Republic of Finland (P.) RITVA KOUKKO-RONDE on April 19, 1994

For the French Republic (P.) D. BERNARD on April 5, 1995

For the United Kingdom of Great Britain and Northern Ireland (P.) P.P. FLOWER January 12, 1994

For the Republic of Haiti

For the Hellenic Republic

For the Republic of Honduras

For the Republic of Hungary

For the Republic of India (P.) S.B. GOSVIK 09-1-03

For the Republic of Indonesia

For Ireland (P.) JOHN SWIFT June 19, 1996

For the State of Israel (P.) M. BAVLI 2.11.93

For the Italian Republic (P.) R. TALLARIGO on December 11, 1995

For Japan

For the Republic of Kenya

For the Republic of Latvia (P.) K. AYENBAUMS 29.05.2002

For the Lebanese Republic

For the Grand Duchy of Luxembourg (P.) H. WURT 6-6-95

For the Republic of Madagascar (P.) JEAN OMAR BEREZIKI 12-05-2004

For the Republic of Mauritius

For the United Mexican States (P.) J. L. SIQUEIROS

For the Kingdom of Nepal

For the Kingdom of Norway (P.) A.L. LANGELAND 20-5-1996

For the Republic of Panama (P.) ELENA BARLETTA DE NOTTENBOM 06/15/99

For the Kingdom of the Netherlands (P.) P.H. KOOIJMANS 5.12.93

For the Republic of Peru (P.) J. COLUNG VILLACORTA November 16, 94

For the Republic of the Philippines (P.) R.S. SANCHEZ on July 17, 1995

For the Republic of Poland (P.) S. KOMOROWSKI 12.06.95

For the Portuguese Republic (P.) GONZALO AYRES DE SANTA CLARA GOMEZ on August 26, 99

For Romania (P.) JAN M. ANGEL

For the Russian Federation (P.) A.G. KHODAKOV on September 7, 2000

For the Vatican

For the Republic of Senegal

For the Slovak Republic (P.) JAN KARNOGURSKI on June 1, 1999

For the Republic of Slovenia (P.) BORIS FRLEK January 24, 2002

For the Democratic Socialist Republic of Sri Lanka (P.) P.G. KARUNAZIRI 24 May 1994

For the Kingdom of Sweden (P.) S. BLOMSTRAND 1996-10-10

For the Swiss Confederation (P.) A. REGG January 16, 1995

For the Republic of Suriname

For the Czech Republic X. BAMBASOVA, December 1, 1999

For the Kingdom of Thailand (P.) T. DUANGRATANA 29-04-04

For the Republic of Turkey (P.) AIDAN KARAHAN 5-12-01

For the Republic of Uruguay (P.) JUAN ANDRES PACEJO on September 1, 1993

For the Republic of Venezuela (P.) S.E. NONES 10-1-97

For the Socialist Republic of Vietnam

Certified true copy from the original

For the Head of the Conventions Department Ministry of Foreign Affairs Kingdom of the Netherlands

signature

The text of the Convention in Russian is an exact translation from English, a certified copy of the text of the Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption, done in The Hague on May 29, 1993.

Vice Minister A. Abdymomunov

President

Republic of Kazakhstan

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