Kazakhstan -- Several US Adoption Agencies Now Approved to Work in Kazakhstan

Here are several updates on the intercountry adoption process in Kazakhstan:

1. It appears a few adoption agencies are now approved to conduct adoption work in Kazakhstan.  The first two US agencies to receive certificates of registration from Kazakhstan are “Across the World Adoptions” (http://www.atwakids.org/) and Little Miracles International, Inc.” (http://www.littlemiracles.org/).  These agencies are now accepting applications from families interested in adopting from Kazakhstan. 
2. On June 27^th, the Committee on Child Protection, Ministry of Education and Science and the Foundation “Voluntary Charity Society” launched a website portal (www.usnovite.kz) to help facilitate adoptions from and within Kazakhstan.  The portal contains information on adoption, guardianship and patronage and contains explanations of all possible forms of placing children who are without parental care.  This website will also help the Kazakhs, who are thinking about adoption or already in the process of collecting documents and searching for a child. 
3. Below is a list of questions and answers from the Kazakhstan website on intercountry adoption (http://www.bala-kkk.kz).  Because this list has been translated into English, the wording is at times a bit unusual.  Nonetheless, the information is useful!

ANSWERS AND QUESTIONS

I married a foreigner, and with the child from her first marriage she moved to her husband. Can my husband adopt the child and whether you can do it outside of Kazakhstan? 
Yes, it is possible, provided that the father of the child consents to the adoption. In addition, under 87 Code of the Republic of Kazakhstan "On marriage (marriage) and family" requires prior authorization for adoption of local executive bodies of the former place of residence of the child. When a citizen of the RK for international adoption is considered "permanently residing outside the RC?" Although definition of "permanent residence outside the territory of the RK" in RK is not migration law, but based on the content of the Law "On Citizenship", a citizen of the RK is resident abroad, if he has a residence permit or other document issued in support of permit for permanent residence in a foreign country and confirming the right of free exit and return to this state.  also permanent residence abroad, the criterion is the fact that removal of permanent registration in the RK and registration with the embassy of RK in the respective foreign country. Can I adopt a Kazakhstani the child  a) alone; b) if there is no agency in the country of residence? no. The Republic of Kazakhstan adopted a new legislation to the norms of the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. In this context, "independent adoption" is canceled. Adoption of Kazakh children by citizens of the Republic of Kazakhstan, permanently resident outside the Republic of Kazakhstan, as well as the foreigners will take place only through accredited foreign adoption agencies. rules on the transfer of children to citizens of Kazakhstan residing outside the Republic of Kazakhstan, as well as foreigners are available for downloading from the Child Protection RK www / bala-kkk.kz  Is there any control over the conditions of life after moving abroad? How long is this control? Yes, there is control. According to Article 251 of the Code of the Republic of Kazakhstan "On marriage (marriage) and family" control children adopted by foreigners, by foreign institutions of Kazakhstan and the authorized body in the field of children's rights the Republic of Kazakhstan. In addition, the duty of adoption agencies accredited in the Republic of Kazakhstan, is also included to monitor the living conditions and upbringing of the adopted child and the provision of relevant reports and information in the prescribed manner to an adopted child's age. Can a foreign citizen or stateless person to the Russian child custody or guardianship? Although a direct way of such restrictions in the legislation of the Republic of Kazakhstan has not been established in practice it is not possible. First, under the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, and the laws of the Republic of Kazakhstan, foreign nationals can only Kazakhstan to adopt a child. At the same time the legislation of the Kazakhstan adoption of the child stateless person is not allowed. Second, because of a specific list of documents filed by a candidate for the trustees (the base - the standard in providing public services, as approved by the Government of the Republic of Kazakhstan March 31, 2012 № 336). Along with this, the change of residence guardian or trustee who receives benefits for the child-orphans and children left without parental care, body performing the functions of custody or guardianship of the former place of residence within seven working days after receipt of notice of change of residence shall send a private matter of the ward in a body performing the functions of guardianship or custody, according to a new place of residence. Under the authority carrying out functions of custody or guardianship, implied agency, located in the territory of the Republic of Kazakhstan, not the foreign establishment of the Republic of Kazakhstan.   Can biological parents to reclaim the child after the court? No, if the judgment of adoption entered into force. Biological parents can appeal against the decision of the court and try to return the child within 15 days after the date of the court, until such time as the court's decision did not come into force. Is there an age limit for foreign adoptive parents? Yes, the Republic of Kazakhstan legislation provides for the age difference between adopter and the adopted child of at least 16 years of age and not more than 45 years. For example. 50-year-old citizens to adopt a child from 5 years of age or older.  Can candidates choose the adoptive child? no. Earlier, when the Republic of Kazakhstan there was an "independent adoption" was allowed the choice of the child. Now the family will be begging child. In this case priority will be the child's interests, not the interests of prospective parents.  Can prospective parents to abandon children chosen for them? Yes, candidates for adoptive parents have the right to refuse a child. They confirm their refusal in writing.  Who makes the final decision about adoption? Under the current legislation of the Republic of Kazakhstan shall issue a final decision of the court with the obligatory participation of the prosecutor, members of bodies exercising functions of guardianship or custody, the adoptive parents themselves. How long will the candidates for adoptive parents communicate with the child to court ? In accordance with Article 85 of the Code of the Republic of Kazakhstan "On marriage (marriage) and family" foreigners applying to adopt a child must have direct contact with the child at least four weeks. My husband and different nationalities do we have the right to adopt a child? Adoption of children by foreigners is permitted only to citizens of countries having equivalent effect to the Republic of Kazakhstan's international obligations to protect the rights and interests of children. In addition, you must provide the entire package of documents from both countries. Does the priority of Kazakhstan candidates and how it is provided? alone in failing to give a child in a family of Kazakhstan citizens address the issue of child adoption by foreigners. In preparation for the court hearing on adoption agencies engaged in function of custody or guardianship, provide to the court documents to prove the impossibility of transferring the child to grow up in a family of citizens of the RK family or relatives of the child (no relatives, the receipt of the rejection of the proposed child, a copy of the magazine with a note on the refusal of the child).