Kazakhstan set to seek best interests of the child during inter-country adoption

The session was organized by UNICEF in Kazakhstan jointly with the Ministry of Education and Science and the Embassy of France in Kazakhstan. For the first time the session embraced the participation of the Permanent Bureau of the Hague Conference on Private International Law specialists.

«The Hague Convention on International Adoptions is an important development, for both adopting families and adopted children, because it promotes ethical and transparent processes, undertaken in the best interests of the child. UNICEF urges national authorities in Kazakhstan to ensure that, during the transition to full implementation of the Hague Convention, the best interests of each individual child are protected," told the conference UNICEF Representative in Kazakhstan Ms Hanaa Singer.

Each year over 2000 children are placed in state residential institutions. They are either abandoned at maternity wards or taken by the state from their parents at the age of 5 or 6, due to the parents' inability to provide proper care for their children, the press service of the UNICEF in Kazakhstan reports.

"Kazakhstan's ratification of the Hague Convention is a positive step towards the protection of childhood in the country. International relationships should not limit only to economic, political and cultural ties. Humane aspects should be integral part of international ties," said Ambassador of France to Kazakhstan Mr Jean-Charles Berthonnet.

According to the Child Protection Committee of the Ministry of Education and Science of Kazakhstan, over the period of 1999-2010 41,091 Kazakh children were adopted. Of them 31,929 children were adopted by Kazakh nationals, 487 - by extended families, and 8,675 - by foreigners.

"The main goal of the state policy is to ensure social and legal guarantees for all children. The country takes quite serious measures to reduce social child abandonment, " Head of the Child Protection Committee Raisa Sher told the session.

In 2010 the Parliament of Kazakhstan has ratified the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption which enshrines the principle minimum standards for child protection and sets legal framework for international cooperation. The Convention makes the receiving state responsible for the life of the child, and entitles the countries signatory to the Convention to keep a close watch on it. As of October 2010 83 countries have signed the Hague Convention inclusive of the USA, Germany, Belgium, Spain, Brazil, the Republic of South Africa, China, Azerbaijan and Armenia.

In compliance with the Convention, the domestic adoption is always given priority over Intercountry adoption. The Intercountry adoption is admitted in instances the child was not adopted within its country of origin after every attempt taken. Moreover, the child can be retrieved to the country of origin had his or her interests been not met. The Convention also captures separate provisions for adoption of children with special needs.

During the meeting the parties reviewed the international experience, discussed phases of the Convention implementation in Kazakhstan with the engagement of relevant authorities.

The Convention is expected to confer Kazakhstan wide-ranging powers in protection of children adopted by foreigners.

Please see the «The Implementation and Operation of the 1993 Hague Intercountry Adoption Convention. GUIDE TO GOOD PRACTICE. Guide No.1» .