February 21st, 2007
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Much debate has occurred on one of my groups about the requirement for annual post placement reports. For Max’s adoption (2001) we were not told about the requirement – but for Logan’s adoption (2004) we were aware of it. I wrote to the Kazakhstan Consultate, Embassy and the US Embassy in Kazakhstan for clarification. Below is the translated copy of the law and “when” it changed legally (November 12, 2002) – please see Part One of this series prior to reading.

Decree of the Government of the Republic of Kazakhstan as of November 12, 2002 # 1197 About approval of Regulations for Foreign Parents Seeking to Adopt Kazakhstani Children

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8. The prospective adoptive parents have a right to obtain detailed information regarding the orphan they intend to adopt and if he/she has relatives.

9. The prospective adoptive parents shall have direct contacts with the orphan at their permanent place or residence (to learn about the child’s personality, habits, preferences, features; should walk and play with the child) for at least two weeks following the completion of routine requirements of the guardianship entity, in presence of a translator and a representative of the guardianship entity.

10. After a child to be adopted is identified, the central executive authority in education informs whether the child is in the centralized database of orphans.

11. The following documents shall be presented by the prospective parents to the guardianship entity where the child resides: application, documents certifying financial situation, documents about marital status, prospective parent(s) medical examination report, personal characteristics, issued by social workers.

12. The guardianship entity shall provide the court with a note covering the reasons of adoption, conformity with the interests of the orphan and containing information about the personal contacts between the prospective adoptive parent(s) and the child.

13. Orphans may be adopted by foreigners under a court decision at the place of the orphans’ residence.

14. Adoption cases are subject to a court hearing with the obligatory participation of perspective parents, guardianship entity representatives and prosecutor.

15. Adoption of a child is subject to a state registration according to the order established for civil acts registration.

16. The rights and obligations of both the adoptive parent(s) and child become effective immediately after the court decision on adoption enters into force.

17. The adoptive parents shall personally arrive to take the child from the place of his/her current residence after presenting passport or other identification documents and the court decision.

18. To protect the rights and interests of the adopted children the embassies and consular sections of the Republic of Kazakhstan shall oversee their living conditions and family environment following the Kazakhstan working legislation.

19. Annually till maturity age (18years) adoptive parents have to send information about the child’ environment, health and family situation to the guardianship entity with attached pictures.

20. If the adoption results in violation of the child’s rights granted by the Law of the Republic of Kazakhstan and international agreements of the Republic of Kazakhstan, the adoption shall be cancelled under a court decision. The parents of the adopted child, persons whose rights were violated through the adoption, the prosecutor, and the guardianship entities have a right to apply for the adoption cancellation or revocation.

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