The concept, conditions and legal consequences of adoption (adrogation) of a child under the Republic of Kazakhstan legislation

Authors

  • L.R. Aliyeva
  • G.A. Ilyassova

DOI:

https://doi.org/10.31489/2021l3/155-162

Keywords:

adoption (adrogation), child's rights, adoptive person, adoptive child, legislation about adoption, adoption conditions, legal consequences of adoption

Abstract

This scientific article discusses the legal framework for the adoption of a child in the Republic of Kazakhstan. The authors analyze the definition of adoption at the present stage in the statutory instruments of the domestic and international standing, as well as doctrinal sources. Special attention is drawn to the fact that, at the moment, the institution of adoption of a child is one of the most significant and favourable forms of legal accommodation of children left without a parental care in any civilized state. The legal norms regulating the adoption (adrogation) of a child and the procedure for consideration of cases of adoption in court in the Re[1]public of Kazakhstan were analysed. The comparative legal analysis, regulatory and other cognition methods form the basis of the methodological background of this scientific paper. The article, also, discusses the main conditions of adoption of a child which exist today. The court judgement about establishment of a child adoption is characterized as evidence confirming the fact of the advent of legal consequences of the considered institution. The legal consequences arising on the basis of adoption of a child are also considered. It is important to identify legal consequences, since they are a certain legal result. The conclusion is formulated that the fact of blood relation is the basis for the occurrence of rights and obligations of citizens as in the law of domestical relations, as well as in different spheres of law.

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Published

2021-09-30

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE