New matrimony and family code to be more efficient

Chief of the Civil Registration Office of the Justice Ministry of Kazakhstan Zayda Nurabayeva told about several novelties introduced in the bill recently approved by the Majilis of Kazakhstan Parliament. ? What innovation will the new draft Code of Matrimony and Family will bring? ? One of the advantages of the new draft Code is that its regulations will have direct effect, whereas at present a lot of important issues related to the marital status are regulated by bylaws. As the matter of fact the purpose is to eliminate some insufficiencies in the legal regulation of the property and non-property relations between parents, children and other family members. Besides, such problems as custody, trusteeship, finding families for orphan children and children without parental support have found solutions based on the CIS countries practice, and opinions of the public community and NGOs. ? How efficient are the legal norms regulating parental duties in case of divorce with regard to the modern realia? ? The draft Code introduces a new approach in respect of recovery of alimony for child support. This primarily relates to the families where children are full-time students at secondary schools and universities. As per the current legislation, alimony is paid till child reaches the age of 18. The new draft Code obliges to provide alimony for children until they are 21 in the event that elder children are also students. We have also introduced a regulation as per which a maintenance creditor when leaving abroad for permanent residence shall provide a document that would confirm fulfillment of the alimony liabilities. Another way is that a maintenance creditor shall provide to the spouse who has the custody of the children money or any other property towards payment of future alimony with such an arrangement being legally notarized. ? Does this draft law envisage the adoption issues as well as adoption of Kazakhstani children by foreign citizens? ? First of all many issues related to adoption are regulated by the effective legislation. Adoption of Kazakhstani children by foreign citizens is performed through the courts, and a foreign citizen willing to adopt a Kazakhstani child must provide all required documentation demonstrating his or her ability to accept such responsibility. The main novelty of the draft Code is that the organizations assisting foreign citizens in adoption of Kazakhstani children are obliged to obtain accreditation by the State Committee of Protection of Children?s Right under the Ministry of Education and Science. As per the current law, agency business is prohibited in this sphere. Thus, the public funds engaged in such activity will be under control of the government. The draft law also provides that adoption can be performed only by the citizens of the countries which have international obligations in the sphere of protection of children?s right which are equal with those of Kazakhstan. If a country has not ratified the International Convention on Children?s Right, a child will not be adopted by the citizens of such country. As for adoption by Kazakhstan citizens, the present laws oblige them to undergo all required procedures before they can have the custody. The new law provisions allow starting the adoption procedures having taken the custody or foster care. Such a measure will have a stimulating effect, because adoption cases in Kazakhstan have decreased in the last few years. ? Do the draft Code rules and regulations cover the whole range of the surrogacy problems? ? Surrogacy is quite a new phenomenon in Kazakhstan, therefore a lot of various situations emerge which were not foreseen by the legislations. I can assure that we have thoroughly studied the international experience and laid it in the basis of the draft law. As of today not a single country of the former Soviet Union has adjusted the surrogacy issues like we did in our draft law. Of course, our primary goal is to protect child?s rights. Biological parents shall have the prior right for the child. If due to some reasons they refuse from the child, first of all they must become legally registered as the parents of the child, and afterwards refuse from the child in the manner prescribed by the laws. In the event of death of the biological parents, the prior right for the child shall belong to the closest relatives, and then to the surrogate mother. If the surrogate mother refuses from the child, the latter shall be under state custody, but reserves all the rights of the heir of the biological parents.