Our Time in Semey - In Pictures

Thursday, January 3, 2008

Proposed Kazakhstani legislation

So here's where it gets hairy... I heard through the adoption grapevine that Kazakshatn has drafted a new legistlation. No one knows if this will pass in its entirety or at all, but if it does, single woman adoptions will no longer be allowed in Kazakhstan. Ugh. It is also not known if existing applications in the pipeline would e grandfathered in. So, I don't even know if I should be in a rush or not. But I am going t choose to roll with it. If I have to change countries, it'll still work out. I really want Kazakhstan for my own connection to the former USSR and or other reasons, but I would also consider Kyrgzstan, Vietnam, Taiwan, and Uzbekistan.

Anyhoot... here is the proposed legistlation in its entirety:

The following legislation is being considered in Kazakhstan . We do not know if or when it would actually be passed into law, or if it would be passed in the present format or not. We are presenting it just for your information and so you are aware of the possibility of it being passed into law:

The proposed family law will have six main subjects, and one chapter will be “Marriage.” It will specifically state that marriage is between a man and woman, who are 18 years old and older. The Republic will not allow marriages between people of the same gender. It will also specify that each person in marriage will share equal rights and responsibilities.

One of the chapters will be dedicated to children and children’s rights. The proposed new family law will require that the child be present at a court hearing and speak his/her mind, even if the child is under the age of 10 years old unless it is against child’s best interests.Another chapter will talk about parents’ responsibilities, and another chapter will be dedicated to adoption. The proposed new family law will regulate the adoption process, both domestic and international. Kazakhstan will allow children to be adopted only into families from countries who have equal international responsibilities in protecting the interests and rights of children. The new family law will also regulate adoption agencies and will require accreditation for adoption agencies.

Regarding adoption:
1. An individual may adopt more than one child.
2. It is not allowed by law to break up a sibling group.
3. Adoption can only be granted to the individuals who have created the environment of normal physical, spiritual and moral standards for raising a child.
4. The age of the adoptive parent cannot be more than 50 years old, unless the child is being adopted by relatives.
5. The age difference between the adoptive parent and child should be at least 16 years.

Who may not adopt a child:
a) Individuals under 18 years old.
b) Individuals with a disability, or a couple where one individual has one
c) Individuals who had their parental right terminated
d) Individuals whose rights for foster care were terminated
e) Individuals who had adopted previously, but the adoption was disrupted
f) Individuals who cannot parent a child based on their medical (the list of the medical conditions is approved by the government of Republic of Kazakhstan).
g) Individuals who do not have a permanent place of residence.
h) Individual who is not legally married (single)
i) Individuals of nontraditional sexual orientation.
j) Individuals with current convictions
k) Individuals who reside in countries with poor conditions (climate, economy, health, and etc).
l) Individuals without citizenship
m) Male individuals who are not legally married.
n) Two individuals who are not legally married to each other cannot adopt the same child

So there you have it. Fabulous. Please say your prayers for me and for the other people who wish to adopt from Kazakhstan. Say your prayes, cross your fingers, hold your thumbs (Swedes), just do whatever it is that you do in whichever part of the world you are!

Thanks for reading! More soon...

2 comments:

Anonymous said...

I'm holding my thumbs ;-).

Puh, it must be a full time job preparing for an adoption - learning Kazakhstani law...

What about the political system in Kazakhstan? Is it a democracy, or at least close to a democracy? I was just thinking about the proposed legislation - is there a "normal" democratic process before they'll adopt a new legislation.

Andrea said...

After having spoken with my agency and several adoptive parents, I have found out that the proposed legislation has been just that, proposed for years. I am told that there is little risk that single moms will be disallowed from adopting, but that age may become an issue, lowering the age of prospective applicants. This will not affect me.

The great news is that I have a wonderful agency who really does most of the understanding part for me. You know me, I am all involved in every detail, but if there were huge issues, they would tell me. So, I am now enjoying my taste of La La Land, preparing to get the paper chase started as soon as possible.

For government information, visit the websites I have added below (above the map of Kazakhstan). It's too lengthy to go into and I want to be sure that everything in my blog is accurate and carefully articulated, as the blog could be seen by authorities involved in this adoption.

Fun to hear from you and please, keep holding your thumbs!

This is the story of how a single 30-something year old woman and a 6.5 month old angel from Kazakhstan found each other and became a family. A journey which started as a dream, became reality in August 2009 when two hearts found one home... together.