Right of a child to live and to be nurtured in a family



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Right of a child to live and to be nurtured in a family



Every child shall have the right to live and to be nurtured in a family, right to know his parents, right to be cared by them, right for a joint residence with them, with the exception of cases, when it conflicts with his (her) interests.

A child shall have the right to be nurtured by his (her) parents, right to security of his (her) interests, universal development, respect of his (her) human dignity.

In the absence of parents, in forfeiture or restriction of their parental rights and in the other cases of forfeit of parental custody, the right of a child to be nurtured in family shall be secured by authority body, carrying out the functions of trusteeship or guardianship in the manner, prescribed by chapters 13, 15 and 18 of the Code.

Right of a child to communicate with parents and other relatives

1. A child shall have the right to communicate with both parents, grandfathers, grandmothers, brothers, sisters and other relatives. The parents’ dissolution of marriage (matrimony), recognition of its invalidity or estrangement of parents shall not influence on the rights of a child.

In case of estrangement of parents, a child shall have the right to communicate with each of them. A child shall have the right to communicate with his (her) parents also in case of their living in different countries.

2. A child being in the difficult period of life shall have the right to communicate with his (her) parents and other relatives in the manner, prescribed by the legislation of the Republic of Kazakhstan.

Right of a child to express the sentiment

A child shall have the right to express his (her) sentiment in decision of any question that affects his (her) interests in a family, as well as have the right to be heard in the course of any judicial examination or administrative proceeding. The public hearing of a child, attained the age of ten years shall be obligatory, with the exception of cases when it conflicts with his (her) interests. In cases provided by this Code, the bodies, carrying out the functions of trusteeship or guardianship, or the court may adopt decision only with the agreement of a child, attained the age of ten years and given to him (her) in the presence of legal representatives.

The opinion of a child shall be formed by decision of authority body, carrying out the functions of trusteeship or guardianship, adopted in the presence of parents or other legal representatives at child’s location area.

Right of a child to name, patronymic and last name

1. A child shall have the right to name, patronymic and last name.

2. A child shall be named by his (her) parents, with their agreement or by other legal representatives of a child. The patronymic shall be given at the wish of parents or other legal representatives after a person, mentioned as his (her) father.

The assumption of the hyphenated name shall be allowed in a separate writing, but not more than two names.

In case of hyphenated name of a father, the patronymic shall be given by one of them or in writing as one solid word of the both names of a father.

In change of name of a father, the patronymic of his minor shall be changed, and the patronymic of his adult child - only when filing the application by him.

3. The last name of a child shall be determined as the last name of parents. If parents have different last names, a child shall be given by the last name of the father or mother by their agreement.

The last name of a child may be given at the wish of parents in the name of the father or grandfather of the child both from the father’s and mother’s side, in recognition of national heritage.

4. The controversions emerged between parents, concerning the name and (or) last name of a child shall be resolved in a judicial proceeding.

5. If paternity is not established, the name of a child shall be given by order of the mother; the patronymic shall be given by the name of a person, registered as father of the child; the last name - by the name of the mother’s last name or in recognition of national heritage by the name of grandfather of the child.

6. If both parents of a child are unknown, the child’s last name, first name and patronymic shall be given by a body, carrying out the functions of trusteeship or guardianship, healthcare and other organizations, carrying out the functions of protection of the rights of a child at his location.

Change of name and (or) last name of a child

1. The last name of a minor shall be changed in change of the last name by both parents.

Proceeding from the child’s interests, a registering body shall allow the change of the child’s name, as well as given last name to the last name of other parent by joint application of parents until attainment of sixteen years of age by a child.

2. In case of termination of marriage (matrimony) or recognition of marriage (matrimony) as invalid, a child shall preserve his (her) last name received by him (her) at birth.

3. If the parents live separately without execution of dissolution of marriage (matrimony) in a registering body, and if a parent who shares a residence with his (her) child wishes to give him (her) his (her) last name, a registering body shall resolve this question, depending on the child’s interests and in recognition of the opinion of the other parent, attested and certified by a notary. The public hearing of a parent shall not be obligatory, when it is impossible to establish his (her) location area, in case of deprivation or restriction of his (her) parental rights, recognition as incapable, as well as in cases of prevarication of a parent from maintenance of a child and nurturing without legitimate excuses.

4. If parents live separately, by executing the dissolution of marriage (matrimony) in a registering body, and a parent with whom a child lives wish to give him (her) his (her) last name, a registering body shall resolve this question for the benefit of a child without consideration of opinion of the other parent.

5. If a child is born by unmarried persons, and paternity is not established in a judicial proceeding, a registering body shall allow the change of his (her) last name to the mother’s last name, which she has at the moment of making such request proceeding from the interests of a child.

6. Change of the first name and (or) last name of a child, attained the age of ten years shall be performed only with his (her) agreement, received in the presence of legal representatives.

Nationality of a child

1. A nationality of a child shall be determined by nationality of his (her) parents.

2. If the nationality of the parents is different, it shall be determined at the wish of a child, in accordance with the national origin of the father and mother by the time of issuance of certificate of identity or passport.

3. In the following, the nationality of a child may be changed only to the nationality of the other parent upon his (her) application.

Property rights of a child

1. A child shall have the right to receive a financial support from his (her) parents and other family members in the manner and amount, prescribed by section 5 of this Code.

2. The amounts, owed to a child in capacity of alimony, benefits shall go into disposal of parents and other legal representatives of a child, with the exception of directors of organizations for children-orphans, children left without a parental custody, and shall be expended by them for maintenance of a child, his (her) education and nurturing.

3. A child shall have the right of ownership on the earned incomes, property received by him (her) as a gift or in order of succession, as well as any other property, purchased on his (her) funds.

A child receiving incomes in consequence of his (her) work shall have the right to share the expenses on maintenance of family in case if he (she) lives with parents.

The right of a child for disposition of beneficially owned property belonging to him (her) shall be determined by the Civil Code of the Republic of Kazakhstan.

In carrying out of legal powers to manage the child’s property by parents, they shall be extended by the rules established by Article 128 of this Code.

4. A child and parents, who share residence together, may own and use the property of each other by the mutual agreement.

5. In case of creation of the right of common property of parents and a child, their rights of possession, use and disposition of common property shall be determined by the Civil Code of the Republic of Kazakhstan.



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