UPDATES - legal services in Kazakhstan

May 3, 2012

For citizens and officials of Hague countries where there are no private adoption agencies (France, Ireland, etc.)

On May 11 Kazakhstan adoption authorities will hold a meeting with representatives of Kazakhstan government institutions and diplomatic representatives of foreign embassies and consulates.

We guess it is a good chance for consular officials to attend and ask for clarification on how its citizens will be able to adopt in this country.

MOE accepts requests by phone + 7 7172 742381

April 5, 2012.

Kazakhstan government finally adopted Foreign Adoption Agencies accreditation Rules. The Rules come into effect immediately after publication (publication date was April 5th, 2012). So foreign agencies may start accreditation application procedure.

Other critical government decrees such as one describing procedure of international adoptions in details, one describing procedure of foreign citizens registration have not been adopted yet.

February 28,2012.

Several government acts describing and regulating procedure of accreditation and furher international adoption procedure are at Prime Ministry desk waiting to be signed.

It can happen any day.

Once it is signed and published procedure of international adoption in Kazakhstan becomes active.

We will publish an update once we learn information for the government.

January 7, 2012

Today official text of New Family Law was published.

It means that in 10 days it will become active.

December 26,2011

Today President of the Republic of Kazakhstan signed new Family Law!

So in 2012 new law will become active.

We are waiting for the following Government acts that would detalize procedure of agencies accreditation and international adoption procedure.

December 3, 2011

We have received inquires from prospective adoptive parents from many countries and majority of correspondents want to know when they finaly will be able to start an adoption procedure in Kazakhstan.

Our estimate - no sooner than in 2-3 months.

Critical point is that when new Family Law comes to power and necessary followed government acts are approved adoption procedure in Kazakhstan would be possible only through accredited foreign adoption agencies.

New Family Law states that such agency should be in business for at least 10 years in a country of an agency registration.

Accreditation procedure should be described in details in future government decree.

As we learnt some countries do not have private adoption agencies and adoption formalities are conducted through authorized government institutions.

So we would welcome such institutions or their representatives to contact us so we can work together on understanding how such institutions will be able to assist their citizens with Kazakhstan adoptions.

November 24, 2011.

Senate has approved new Family Law!

Senate has approved new Family Law and it is being forwarded to the president for an approval and signature.

It may happen in 2 weeks.

October 27,2011

Project is back with the Majilis.

Yesterday Majilis announced that they do not agree with changes proposed by the Senate. In order to find mutual solution Majilis called for special board to be formed that should include representativeы from both floors. As a result we have another delay in the process of New Family Law adoption.

October 7, 2011

Big "surprise" from the Senate

Yesterday Senate discussed new Family Law for the second time and they decided to make some changes in the proposed procedure of international adoption. As a result project of the law has been sent back to the lower chamber of the Parliament (Majilis) so they accept changes and send the project back to the Senate. So we have at least a month of unexpected delay.

Stay tuned.

September 30,2011

Updates from Senate

Yesterday Senate approved project of the new Family Law during first hearing. There were no objections or dramatic comments so we expect the Senate to make a final approval before/on October 8, 2011

September 22,2011

Updates from Senate

Senate should approve new Family law on or before October 8, 2011. There is a chance that during final discussion some Senate memeber may ask for additional review of the project of the law.

If there are no objections than new law is forwarded to the president to sign.

Stay tuned.

September 8, 2011

Updates from Senate

Today Committee of Social and Cultural development of the Senate of Kazakhstan reviewed project of new Family Law that had been approved by lower chamber of the parliament earlier this year. They found nothing to be added or changed and moved the project for the general review and approval by the Senate.

This news gives us a chance that new Family Law will be approved relatively soon by the Senate.

Once it is approved by the Senate it is to be sent to the President to sign.

Stay tuned, more updates to follow.

June 7, 2011

Critical update!

Instead of a 2-week bonding period with the child, the new Family Law requires a 4-week bonding period.

June 1, 2011

Good news about the new Family Law!

Today the lower chamber of the government of Kazakhstan approved a new Family Law. Finally!

This law will be sent to the Senate for final approval. Stay tuned.

May 31, 2011

More on the timeframe for the adoption of the new Family Law

On Wednesday, June 1, the lower chamber of the parliament of Kazakhstan will consider a new Family Law for the third time. If adopted, this law will be sent to the Senate for approval.

May 17, 2011

Estimate on the adoption of the new Family Law

The Parliament of Kazakhstan expects a new Family Law to be adopted by the end of 2011.

For the moment, we believe that international adoptions will resume in Kazakstan at the beginning of 2012 if everything goes as the MOE plans. We will keep you informed of any updates regarding this law, so please stay tuned.

April 27, 2011

MOE action plan after the adoption of the new Family Law.

The MOE published its plan of action following the adoption of the new Family Law (so far there is no information with respect to when this Family Law will be adopted). According to the plan, the MOE will prepare a package of resolutions within two months of the adoption of a new Family Law that will regulate the process of international adoption in Kazakhstan. Once prepared, the resolutions in question will need to be approved by the Government of Kazakhstan.

March 22, 2011

New complaint to the General Prosecutor's office.

We have reviewed several responses our clients have received from MOE officials in connection with the below-mentioned letter from the General Prosecutor's office. Officials from the MOE tried to justify their actions by referencing the Hague convention and blamed regional departments of education for returning pending dossiers (such blame had been expected).

We find the explanations provided to be unsatisfactory and advised our clients to file another complaint with the prosecutor's office. Please contact us, and we will send a draft of such complaint (in English and Russian) via email to all interested parties.

Important note: as stated in Article 41 of the Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption of May 29, 1993, "The Convention shall apply in every case where an application under Art. 14 was received after the Convention entered into force in the receiving state. "

March 4, 2011

The future of the new Family Law in Kazakhstan

We continue to monitor developments in the adoption of a new Family Law in Kazakhstan. The promises of MOE officials that this new law would be adopted by February have not been maintained. These officials now state that the international adoption process may resume in April, but this timeframe seems unrealistic.

We learned, however, that the new Family Law will be discussed in Almaty on March 10th, 2011. This discussion will cover numerous motions presented to the committee that represents the law in parliament. One of the most critical issues we hope will be brought to the discussion is the length of the bonding period. As you may know, the committee wants to extend this period from the current 2 weeks to 1 month.

Thus, our forecast for the possible adoption of a new Family Law in Kazakhstan is in late Spring or Fall of 2011. Meanwhile, the existing Family Law remains in effect.

March 2, 2011

Initial reaction of the General Prosecutor's office.

Some of our clients who filed complaints with the General Prosecutor's office have recently received replies.

We reviewed these letters and determined that the author (Department Chief of 1st Division Mr. Zh. Akbar) had forwarded the original complaints to the Department of Children Rights of the MOE and demanded an answer on behalf of his office and the applicants.

Thus, the MOE has until mid-February to produce an answer. Once the written response of the MOE is received in the General Prosecutor's office, this office will have to decide whether to accept this response or continue with the investigation.

The fact that General Prosecutor's office has initiated an investigation is a positive development. More updates to follow.

January 24, 2011

MOE publishes an official explanation of their recent actions and what these mean for families whose dossiers have been rejected by regions.

The MOE has published an update on their website (http://www.balakkk.kz/ru/obsuzhdenie_

gaagskoi_konvencii/). With the help of on-line translator, you can read the full version.

The MOE justifies their current actions by stating that Kazakhstan must adjust its international adoption procedures in accordance with the 1993 Hague convention and explains that 346 remaining dossiers have been returned to their office. These dossiers were returned because the regional Offices of Guardianship and Care found such cases to be unfit to continue with the process of adoption of Kazakhstan orphans owing to illnesses of applicants, low income, absence of children available for adoption and other reasons.

As we expected, the MOE has not admitted that the decision to return the dossiers was based on the Ministry's initiative in pressuring regional DOEs to reject the dossiers as soon as possible.

It is interesting to note in the update that the MOE tries to calm families whose dossiers were rejected by stating that after the new procedures for international adoption are established, families whose dossiers were returned will have right to resubmit them for priority consideration. So, once families have been found to be unfit candidates for adoption they have the right to file again... We're assuming that the MOE published this update after being contacted by the General Prosecutor's office.

To answer the question as to whether these appealed actions will be found illegal by the General Prosecutor, we need to wait for the initial response of the prosecutor's office.

Once the new Family law is active (my estimate is in September-October if the Senate approves it before going on vacation), the Kazakhstan government must issue several decrees that describe the procedures for international adoption agencies and organizational accreditation, as well as other adoption-related issues. Once the accreditation criteria is published, agencies will start completing the required package of documents and apply for an accreditation from the appointed government body. How long this could take is anybody's guess.

Once agencies receive accreditation, the international Kazakhstan Consulates will be notified of the names and information of such agencies. At this point, the Consulates will be able to accept the adoption dossiers of adoptive prospective parents.

Once a dossier is approved by the Consulate, it is given to an agency to be sent to the MOE. The MOE receives, studies and approves the dossier and then looks for a possible match in the MOE database. Once a possible match is found, information about a child is sent to an accredited agency that represents the prospective family. If a family agrees to meet the child, the MOE issues an LOI for a family and sends their dossier to the region in which the child resides. The prospective family then travels to the region and meets the child. If the family wants to adopt the child, they submit their documents and an application to the appropriate court.

Procedures subsequent to the submission of documents to court are the same as those that existed prior to the recent MOE actions.

The most critical difference is that when new Family Law comes to power and necessary following government acts are approved adoption procedure in Kazakhstan would be possible only through accredited foreign adoption agencies.

New Family Law states that such agency should be in business for at least 10 years.

Accreditation procedure should be described in details in future government decree.

As we learnt some countries do not have private adoption agencies and adoption formalities are conducted through authorized government institutions.

New Family Law states that such agency should be in business for at least 10 years.

Accreditation procedure should be described in details in future government decree.

As we learnt some countries do not have private adoption agencies and adoption formalities are conducted through authorized government institutions.

On May 11 Kazakhstan adoption authorities will hold a meeting with representatives of Kazakhstan government institutions and diplomatic representatives of foreign embassies and consulates.

I guess it is good chance for French consular officials to attend and ask for clarification on how French citizens will be able to adopt in this country.

On May 11 Kazakhstan adoption authorities will hold a meeting with representatives of Kazakhstan government institutions and diplomatic representatives of foreign embassies and consulates.

I guess it is good chance for consular officials to attend and ask for clarification on how Irish citizens will be able to adopt in this country.

will hold a meeting with representatives of Kazakhstan government institutions and diplomatic representatives of foreign embassies and consulates.

December 20, 2010

When will the new Family Law be adopted?

Taking into consideration the importance of keeping our clients and any other interested parties informed about the latest dramatic developments pertaining to international adoptions in Kazakhstan, we’ve decided to publish all information that comes to our attention in an effort to help avoid speculation and confusion on the matter.

Upcoming and anticipated changes in the international adoption procedures in Kazakhstan can legally commence after the new Family and Marriage (Matrimony) Law is adopted. Both chambers of the Kazakhstan parliament, i.e., the Majilis and the Senate, must approve this law. Once approved, it will be presented to the President of Kazakhstan. If the President approves and signs the law, it will be published. Only after its publication does the approved law become active.

To date, the new Family and Marriage (Matrimony) Law of the Republic of Kazakhstan has not been approved. According to information published on December 20, 2010 by the Department of Documentation Provision of the Majilis of the Republic of Kazakhstan, a draft of the Family and Marriage (Matrimony) Law will consist of the following:

1. Registered with the Committee of Social and Cultural Development of the Majilis on January 4, 2008;

2. Committee findings were prepared on November 28, 2008, January 30, 2009 and April 24, 2009;

3. The draft was discussed by the Majilis on May 13, 2009 and June 23, 2010;

4. During the discussions on May 13, 2009, the draft was approved “on the first reading,” and on June 23, 2010 the draft was approved “on the second reading;”

5. The draft of the law approved by the Majilis has not been sent to the Senate for further approval.

Thus, there is no official statement verifying that the Majilis has finally approved the draft. It will be months before the new Family and Marriage (Matrimony) Law will theoretically be enforced.

09.15.2010

As you may know Kazakhstan joined Hague convention on inter-country adoption and they want to adopt a new Family Law and change a procedure of international adoption.

Main anticipated change deals with a regulation stating that an international adoption is possible only through an adoption agency accredited with Kazakhstan government.

That's why they stopped to accept any new dossiers through Kazakhstan foreign Consulates.

Though the legality of such step is questionable because current Family Law and existing government acts that regulate procedure of international adoption are still in force and all government institutions must follow those regulations.

As we learnt from some prospective adoption families who had tried to submit their adoption dossiers and applications to Consulates they were advised by Consulates' officers to wait for further notice.

For instance the Kazakhstan Consulate in New York, USA, has the following message on their web site:

http://www.kazconsulny.org/en/page.php?id=5a

INFORMATION ON INTERNATIONAL ADOPTIONS FROM THE REPUBLIC OF KAZAKHSTAN

The Consulate General of the Republic of Kazakhstan in New York would like to inform that the Government of Kazakhstan continues to streamline and upgrade its international adoption system and to that end Kazakhstan has joined the Hague Convention on International Adoption. Having joined the Convention, the Republic of Kazakhstan, as prescribed, started the process of bringing its national legislation, including the Marriage and Family Code, in compliance with the Convention requirements. In this regard and to avoid any mistakes and confusion in the process of building the dossiers for prospective adoptive families due to the ongoing legislation reform, the Consulate General temporarily suspends the acceptance of dossiers for adoption until further announcement.  The Consulate General of the Republic of Kazakhstan in New York apologizes for any inconvenience this may cause.

The Kazakhstan Consulte in Washington, DC has the following information:

http://kazakhembus.com/index.php?page=adoption

ADOPTION

The Consular Section of the Embassy of the Republic of Kazakhstan in Washington, D.C. is open for visitors from 9 a.m. until 12 noon 4 working days (except Wednesday). If you need more information please call us at (202)-232-5488, ext. 121 Monday through Friday from 4 p.m. until 5 p.m.

The Embassy of the Republic of Kazakhstan would like to inform that the Government of Kazakhstan continues to streamline and upgrade its international adoption system and to that end Kazakhstan has joined the Hague Convention on International Adoption.

Having joined the Convention, the Republic of Kazakhstan, as prescribed, started the process of bringing its national legislation, including the Marriage and Family Code, in compliance with the Convention requirements.

In this regard and to avoid any mistakes and confusion in the process of building the dossiers for prospective adoptive families due to the ongoing legislation reform, the Embassy temporarily suspends the acceptance of dossiers for adoption until further announcement.

The Embassy apologizes for any inconvenience this may cause.

Kazakhstan Consulate in France does not have any update on adoption procedure on their web site.

Generally speaking the suspension of accepting new cases by Consulates serves the desire of Kazakhstan government bodies involved in the process of international adoption to avoid any confusion and possible frustration of adoptive prospective applicants filed application under the current procedure and facing changes in the procedure while their dossiers or themselves are in Kazakhstan at the moment of changes in the procedure.

An example - let's imagine a family filed a dossier to the Consulate, it is approved and sent to Kazakhstan and it passed Ministry of Foreign Affairs and Ministry of Education and assigned to a region.

A region studied a dossier and issued Letter of Invitation. Family travels to Kazakhstan, chooses a child for adoption and starts the procedure. During mention procedure Kazakhstan adopts new Family Law that changes the procedure of international adoption and, for instance a requirement for mandatory accreditation of adoption agency is enforced. So Kazakhstan judges would have an uncertain situation on how to finalize the adoption case. We feel that they would follow new law that would mean that all pending cases would become obsolete.

Of course in such case a regulation issued by Supreme Court would be very much expectant but it may take a long time for one to be issued.

It is sad that there is no official source of information on when to expect such legal changes.

So far officials from Ministry of Education who is historically the main adoption procedure regulator in Kazakhstan indicate that changes are anticipated on/after November 1, 2010.

So the best solution according to our opinion is to wait till November 1, 2010 and see if any changes would take place.

Meanwhile it would serve the interests and rights of prospective adoptive applicants who want to adopt a child in Kazakhstan if adoption agencies or government adoption institutions contact Ministry of Education's Committee of Defense of Children's Rights (Head of the Committee is Mrs. Raisa Sher, telephone +7 7172 742342) and ask for an update on upcoming changes in adoption procedure.

If for some reasons such changes will not take place till the end of 2010 it would useful if prospective adoptive applicants or their representatives start to reach Consulates, Ministry of Education and other government bodies for official statements on current international adoption situation in the Republic of Kazakhstan.

08.18.2010

Lately, our clients have been using Air Astana airline successfully. You can manage your travel needs online, choose connections that are convenient for you, etc. Visit their website for more info.

05.12.2010

Kazakhstan adoption law requires that documents presented to the court must be no older than 12 months for the date of court hearing.

Medicals forms (in a form approved by Kazakhstan Government) must be no older than 3 months.

Taking into consideration the fact that many dossiers have been in the country for a long time families travelling to finalize adoption should bring with them several main documents updated.

It is understood that in different countries the way a family can obtain needed documents is different.

In US an adoption or home study agency can provide a family with services related to getting updated documents.

In France families have to obtain documents themselves.

It is mandatory that updated documents are apostiled.

Ideally documents should be translated into Russian but if there is no time to get translation such translation can be performed in Kazakhstan by local translators and certified by Kazakhstan notaries (such services can be obtained through in-country coordinators).

General list of updated documents:

New medical forms (should be no older than 3 months for the date of court hearing) with current doctor’s license attached.
New criminal check
New Employment letter
New Financial statement that indicates current income and expenses ratio
New letter that proves that family currently owns a house or a condo where adopted child will reside (it can be a notary letter, bank letter, country letter, etc)
Government approval for an adopted child to enter your country. For US clients it is BCIS approval, for French clients it is a government approval. Please check dates of expiration of these documents. Often such documents are issued for several years and in order to satisfy Kazakhstan courts you just need to make another copy of existing document with a recent notary certification and a new apostil.

In addition in order to finalize after-court procedures travelling families must have documents mentioned in the following CHECKLIST

CHECKLIST:

All families traveling to Kazakhstan should have the following sets of additional documents and give them to a coordinator the first day they arrive to the city where they would finalize an adoption.

1. 5 notarized and apostiled copies of passport.

2. 3 notarized and apostiled copies of marriage certificate. (If person is single 3 notarized and apostiled copies of birth certificate).

3. 2 notarized and apostiled copies of INS (Immigration) approval.

Contact and Appointments