About the cancellation of adoption
As a rule, in judicial practice, the defendants in cases of this category are adoptive parents, who were sued at their place of residence before amendments were made to Articles 30, paragraphs 1-3 of the CPC RK (by the Law of the Republic of Kazakhstan dated November 17, 2014 No. 254-V), and after amendments were made to the Specialized Interdistrict Juvenile Court..
In cases where the claim for the cancellation of the adoption is filed by the parents of the adopted child, but the data about the adoptive parents are unknown to them, the claim for the cancellation of the adoption is submitted to the body performing the functions of guardianship and guardianship at the location of this body.
By the decision of the district court no.2 Kazybekbi district of the city of Karaganda, a civil case was considered on the claim of I.S.A. to the State Institution "Office of the Akim of the city of Karaganda", akimat, Ch.A.A. on the cancellation of adoption.
It follows from the circumstances of the case that the plaintiff, S.A. Ivanov, was adopted at a minor age on the basis of a decision of the Akim of the Leninsky district dated June 27, 1997, by Ch.A.A., who is his mother's spouse. The child's own father left for permanent residence in Germany after the dissolution of the marriage. Upon reaching the age of majority, the plaintiff decided to obtain the surname and nationality of his own father. To this end, he filed a lawsuit with the court, indicating among the defendants, along with the adoptive parent, Ch.AA., a government agency that cannot be a defendant for the following reasons:
According to paragraphs 1, 2 of art. 8 of the Law of the Republic of Kazakhstan "On Administrative Procedures", a legal act of a state body comes into force from the moment of adoption, unless a later date is specified in it. A legal act of a state body is terminated from the moment of fulfillment of its requirements or instructions contained therein by the persons to whom this legal act is addressed. The decision of the Akim of the Leninsky district of June 27, 1997 on the adoption of Ch.A.A. minor I.S.A. has been executed. I.S.A.'s birth certificate contains information about his adoption.. In this regard, the Akimat and the State Institution "Akim's Office" have nothing to do with the lawsuit brought against them. The Court should have allowed the exclusion of these persons from the list of improper defendants during the trial. However, without excluding them from the list of defendants, the court ruled to satisfy the claim.
The decision to cancel the adoption was made correctly in accordance with the requirements of art. 110 of the KBS.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
