Unofficial translation
Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated 07/13/2023 No. 560 (effective after ten calendar days after the date of its first official publication).In accordance with subparagraph 1) of Article 25 of the Law of the Republic of Kazakhstan “On Documents of Identification", the Government of the Republic of Kazakhstan HEREBY RESOLVES:
Footnote. The preamble as amended by the Resolution of the Government of the Republic of Kazakhstan dated 26.10.2022 No. 847 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).1. To approve the attached Rules for registration, issuance, replacement, surrender, withdrawal and destruction of a birth certificate.
2. This resolution shall be enforced upon the expiration of ten calendar days from the date of the first official publication.
| Prime Minister | |
| Republic of Kazakhstan | S. Akhmetov |
| Approved by the Decree of the Government of the Republic of Kazakhstan dated September 5, 2013 No. 929 |
Rules
for registration, issuance, replacement, surrender, withdrawal and destruction of a certificate of birth
Footnote. The Rules as amended by the Resolution of the Government of the Republic of Kazakhstan dated 26.10.2022 No. 847 (for the procedure of enactment see p.2).
Chapter 1. General provisions
1. The Rules for registration, issuance, replacement, surrender, withdrawal and destruction of a certificate of birth (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 25 of the Law of the Republic of Kazakhstan "On documents of identification" and shall determine the procedure for registration, issuance, replacement, surrender, withdrawal and destruction of a certificate of birth.
2. Certificate of birth is an identity document of an individual, certifying the state registration of the fact of his birth.
Certificate of birth is an identity document of an individual before receiving one of the following documents is an identity card of a citizen of the Republic of Kazakhstan, a passport of a citizen of the Republic of Kazakhstan, a certificate of a stateless person or a foreign passport.
Chapter 2. Procedure for registration and issuance of a certificate of birth
Note!
Paragraph 3 is valid from 01.07.2023 in accordance with the Resolution of the Republic of Kazakhstan dated 26.10.2022 No. 847.
3. A birth certificate is issued and issued by the state corporation "Government for Citizens", which carries out state registration of acts of civil status and other types of public services related to state registration of acts of civil status (hereinafter – the registration authority).
4. For state registration of the birth of a child, parents, one of them, and in the event of their death, illness or inability for other reasons to make an application - interested persons or the administration of the medical organization in which the mother was at the birth of the child, no later than three working days from the date of birth of the child shall submit an application for state registration of the birth of a child (hereinafter referred to as the application for birth) to any registration authority on the territory of the Republic of Kazakhstan in writing at the request of the applicant or in electronic form through the portal "electronic government".
5. If a child is born outside the Republic of Kazakhstan, an application for the birth of a child must be submitted by parents or other interested persons to the foreign institutions of the Republic of Kazakhstan no later than two months from the date of his birth.
6. In the event of the birth of a dead child, an application for birth no later than one working day from the moment of birth shall be submitted by the responsible official of the medical organization.
7. During the state registration of two or more children, the application shall be submitted separately in respect of each of them.
8. If not parents, but other persons applied for state registration of the birth of a child, then these persons shall submit an identity document of the applicant, as well as a document confirming his powers to register the birth of a child.
9. Submission of an application for state registration of the birth of a child shall not be required when state registration of the birth of a child is carried out through a proactive service at the choice of the applicant in accordance with the Law of the Republic of Kazakhstan "On state services".
10. In villages, settlements, rural districts, the akim of the village, township, rural district shall carry out the acceptance of documents for state registration of the birth of children of citizens living in the territory of the corresponding village, township, rural district, and transfers them to the appropriate registering authority of the district or city of regional significance for state registration birth and entering information into the state database of individuals within the time limits stipulated by the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), as well as the issuance and presentation of certificates, if necessary, birth certificates.
11. For the purposes of registration of a certificate of birth, documents according to the list, approved by the Ministry of Justice of the Republic of Kazakhstan according to Article 180 of the Code shall be submitted.
12. The grounds for state registration of a child shall be a medical certificate of birth or a copy of a court’s decision on the establishment of a fact of birth.
13. In the case of the birth of a child outside a medical organization, including at home, a medical certificate of birth shall be issued in accordance with the documents proving the identity of the mother, by the responsible medical worker of the obstetric organization, where she applied after the birth.
14. In cases of the birth of a child in a medical organization and the absence of documents proving the identity of the mother, at the time of state registration of the fact of birth, the surname, name, patronymic (if any) of the mother shall be filled in according to the medical birth certificate, which contains a note that information about the mother recorded from her words.
15. In the future, information about the mother of the child in the record of the birth certificate shall be supplemented in the manner established by the marriage and family legislation of the Republic of Kazakhstan.
16. In the absence of a medical certificate of birth, state registration of the birth of a child shall be carried out on the basis of a copy of the court decision on establishing the fact of birth.
17. The birth of a found, neglected (abandoned) child must be registered at the request of the internal affairs bodies, the body exercising the functions of guardianship or custody, the administration of the educational organization or the medical organization in which the child is placed, no later than seven days from the date of detection, refusal or abandonment.
The application shall be accompanied by a protocol or an act drawn up by the internal affairs body or the body exercising the functions of guardianship or guardianship, indicating the time, place and circumstances under which the child was found; a document issued by a medical organization confirming the age and gender of the found child, and other personal information about the child.
18. If the child is left by an unknown mother, the administration of the medical organization shall be drawn up a protocol in the presence of two witnesses. In case of state birth registration, the protocols shall be attached to the application of the official of the medical organization on the registration of a neglected (abandoned) child.
19. State registration of the birth of a child conceived during marriage (matrimony) and born after the death of the father or the dissolution of the marriage (matrimony), or the recognition of the marriage (matrimony) as invalid, shal be carried out on a general basis, if from the date of the death of the father or the dissolution of the marriage (matrimony) or recognition no more than two hundred and eighty days have passed.
20. State registration of the birth of a child who has reached one year of age or more, if there are grounds for state registration of birth provided for in Article 187 of the Code, shall be carried out upon a written application from parents or other interested persons.
21. Upon attainment of the age of majority by a child, state registration of birth shall be carried out upon his written application.
22. State registration of the birth of a child who has reached one year or more shall be carried out by the registering authority of the district, city on the basis of the conclusion of the registering authority.
23. State registration of the birth of a child born outside the Republic of Kazakhstan shall be carried out in foreign institutions of the Republic of Kazakhstan or in any registration authority on the territory of the Republic of Kazakhstan at the request of the parents or one of them within the time limits established by the Code, regardless of registration with foreign registration authorities upon presentation of one of the following documents:
1) original of a certificate of birth;
2) copy of the record of birth;
3) original medical certificate of birth.
In the absence of the documents specified in part one of this paragraph, a copy of the court decision on establishing the fact of birth shall be presented. The place of birth of a child born outside the Republic of Kazakhstan shall indicate the name of the place of actual birth of the child.
24. State registration of the birth of a child born on expeditions and remote areas, as well as while the mother is on a sea, river, aircraft or train, shall be carried out at any registering authority at the request of the parents or one of them.
In such cases, the place of birth of the child is indicated by the administrative-territorial unit where the state registration of the birth of the child shall be carried out.
25. The father and mother, who are married (matrimony) to each other, shall be recorded by the child's parents in the birth record book at the request of any of them. The basis for such an entry shall be a certificate of marriage (matrimony).
26. Persons who are married (matrimony) and who have given their consent in writing to the use of assisted reproductive methods and technologies, if they have a child as a result of the use of these methods, shall be recorded by his parents in the birth record book.
In the event of the birth of a child in accordance with the surrogate motherhood agreement, the spouses shall be recorded by his parents in the book of birth records.
27. When registering the birth of a child in cases where the marriage (matrimony) between the parents is dissolved, declared invalid by the court or the spouse has died, but no more than two hundred and eighty days have passed since the dissolution of the marriage (matrimony), its recognition as invalid or the death of the spouse, information about the mother shall be entered on on the basis of a medical certificate of a birth or a copy of a court decision establishing the fact of birth, information about the father of the child - on the basis of a certificate or act record of the conclusion or dissolution of marriage (matrimony), certificate or record of the death of the father.
28. In the event of the birth of a child within two hundred and eighty days from the moment of dissolution of marriage (matrimony), its recognition as invalid, or from the moment of death of the spouse of the mother of the child, the former spouse of the mother may be recognized as the father of the child, unless otherwise proven.
If the mother of the child declares that the father of the child is not her spouse or former spouse, paternity of the child shall be established in accordance with the rules provided for in paragraph 5 of Article 47 or Article 48 of the Code, if there is a written statement about this by the mother herself and the father of the child or the spouse who was spouse. In the absence of such a statement, this issue shall be resolved in court.
The consent of the spouse or former spouse of the woman who has given birth to establish paternity from another person is not necessary if there is a supporting document on the conduct of operational-search measures issued by the internal affairs body, or on the entry into force of a court decision declaring him missing or incompetent.
29. In the case of a written recognition by a person who is not the spouse of the woman who gave birth, and with the written consent of her husband as the father of the child, this person shall be recorded when registering the birth.
30. In the event that the parents of the child are not married (matrimony) to each other, information about the mother shall be entered on the basis of the documents specified in Article 187 of the Code.
Information about the father in the act record on state registration of birth in this case shall be entered:
1) on the grounds specified in paragraph 1 of Article 192-1 of the Code, if paternity shall be established simultaneously with the state registration of the child's birth;
2) at the request of a mother who is not married (matrimony), if paternity is not established.
The surname of the father of the child in the register of births shall be recorded according to the surname of the mother, the name and patronymic of the father of the child - at her direction. The information entered is not an obstacle to resolving the issue of establishing paternity.
At the request of the mother, information about the father of the child may not be entered in the record of the birth certificate;
3) at the request of the person who recognized himself as the father of the child, with the consent of the mother of the child.
Information about the mother shall be entered on the basis of the documents specified in Article 187 of the Code, information about the father is recorded at the direction of this person.
In the future, if the mother of the child does not agree with the information about the father of the child entered in the record of the birth certificate, corrections shall be made in the prescribed manner.
31. If, when registering a birth, the applicant expresses a desire to indicate the nationality of the parents, then in the record of the birth certificate, the nationality of the parents - citizens of the Republic of Kazakhstan - shall be indicated in accordance with the nationality indicated in the identity documents of citizens of the Republic of Kazakhstan.
Information about the nationality of a parent who is a foreigner shall be indicated in accordance with his foreign passport.
In the absence of information about nationality in the foreign passport of a foreigner, the latter can be determined in accordance with the document issued by the competent authority of the foreign state of which he is a citizen.
32. After checking the documents received for the state registration of the birth of a child, information about the registration of the birth of a child shall be entered into the information system of acts of civil status (hereinafter referred to as the IS ACS).
33. After the state registration of the birth of a child in IS ACS, an act record shall be printed in two copies and a certificate of birth is generated. Based on the birth certificate, a certificate of birth is issued, if necessary, a birth verification letter is issued.
34. Birth certificates and birth verification letters shall be issued after the state registration of acts of civil status to persons in respect of whom an act record has been made, in electronic form or, at their request, in hard copy.
35. A birth certificate, a birth verification letter, issued in an electronic form shall be certified by an electronic digital signature of the head of the registering authority, issued the document.
36. A birth certificate, a birth verification letter, issued on paper, shall be signed with a signature of the head of the registering authority, official seal of the registering authority that issued the document.
37. A birth certificate, a birth verification letter outside the Republic of Kazakhstan, signed by an official of the foreign institution of the Republic of Kazakhstan and the official seal of the foreign institution of the Republic of Kazakhstan that issued the document, shall be issued on paper.
38. In case of loss or unsuitability for use of the primary of a certificate of birth on paper, on the basis of the act record by the registering authorities, the foreign institution of the Republic of Kazakhstan shall issue a a re-issued certificate of birth.
39. Certificate of birth shall be filled in the Kazakh or Russian language.
40. Information about parents of the child shall be filled in according to their identity documents.
41. In the absence of documents proving the identity of the parents, at the time of state registration of the birth of the child, information about the parents of the child shall be filled in according to the information of IS ACS.
42. Certificate of birth shall contain the following information:
1) surname, name, patronymic (if any), date and place of birth of the child;
2) date of compilation and number of the act record;
3) individual identification number;
4) surnames, first names, patronymics (if any), nationality of parents, if indicated in identity documents;
5) citizenship of parents;
6) place of state registration (name of the registering authority);
7) date of issue of a certificate of birth.
8) name of the registering authority, issued the document.
43. Form of a certificate of birth shall be approved by the Ministry of Justice of the Republic of Kazakhstan according to Paragraph 2 of Article 181 of the Code.
44. A certificate of birth for a stillborn child shall not be issued. In relation to a stillborn child, a certificate of state registration of a stillborn child shall be issued.
Chapter 3. Procedure for replacement, surrender, withdrawal and destruction of a certificate of birth
45. In case of loss or unsuitability for use of the primary of a certificate of birth on paper, on the basis of the act record by the registering authorities, the foreign institution of the Republic of Kazakhstan shall issue a re-issued certificate of birth.
46. To obtain a re-issued certificate of birth, persons in respect of whom a civil status registration record has been drawn up, or their authorized representatives, shall submit documents in accordance with the Rules for organizing state registration of civil status acts, making changes, restoring, canceling civil status records, approved by order of the Minister of Justice of the Republic of Kazakhstan dated February 25, 2015 No. 112 (registered with the register of state registration of regulatory legal acts under No. 10764).
47. In the presence in IS ACS of a birth certificate, a re-issued certificate of birth shall be issued within 3 (three) working days from the moment the necessary documents are received by the registration authority.
In the absence in IS ACS of an act record, the term for the provision of the service shall be extended by no more than 15 (fifteen) calendar days, with notification of the service recipient within 3 (three) calendar days.
48. Re-issued certificate of birth shall be issued in strict accordance with the act records. The names of localities shall be indicated in strict accordance with the existing administrative-territorial division, and the place of state registration is the registering authority serving this locality according to the existing administrative division.
The “Reissued” shall be indicated on the top of the first page of the issued reissued certificates.
49. Reissued certificates of birth for children under the age of sixteen shall be issued to parents, guardians, adoptive parents (adopters), custodians and administration of child care institutions in which children are being raised.
For children over the age of sixteen, but under the age of eighteen and who have not received an identity document, reissued certificates shall be issued in the presence of one of the parents or guardian, adoptive parent (adoptive parent) when they provide an identity document.
50. Parents shall not be issued reissued certificates of birth of children in respect of which they are deprived of parental rights until they are restored.
51. The fact of deprivation of parental rights by the registering authority shall be verified by checking the birth certificate stored in the archive.
52. In case of issuance of a reissued certificate of birth, the previous form of the certificate shall be invalid, whereof a note in the database of individuals is made.
53. In case of unsuitability for use of a certificate of birth and the impossibility of identifying data on the born and parents, the certificate of birth shall be invalid and must be submitted to the registration authority and replaced.
54. An act shall be drawn up on the destruction of birth certificates, in the form, in accordance with the annex to these Rules, which indicates the series, number and date of the destroyed of a certificate of birth and the name of the registration authority that issued this certificate.
55. For the destruction of birth certificates, according to the order of the head of the registration authority, in which the certificate of birth is destroyed, a commission shall be created, which is formed from among the employees of the registration authority, consisting of at least three people.
56. The act shall be signed by members of the commission and approved by the head of the registration authority, in which the certificate of birth is destroyed.
57. The withdrawal of a certificate of birth shall be carried out by officials of the bodies of preliminary investigation, inquiry, as well as officials in the course of administrative proceedings and registration of loss of citizenship.
| Appendix to the Rules for registration, issuance, replacement, surrender, withdrawal and destruction of a certificate of birth |
|
| Form |
"Approved"
___________________________
Head of the registering authority
___________________________
Surname, Name, Patronymic (if any)
"___" __________ 20__.
Act on destruction of certificates of birth
Hereby we, the undersigned, in composition of:
1._________________________________
(position) Surname, Name, Patronymic (if any)
2.______________________________
(position) Surname, Name, Patronymic (if any)
3.______________________________
(position) Surname, Name, Patronymic (if any)
made up the present act that destroyed certificate of birth No. ___.
Appendix: destroyed certificates of birth.
_____________________
signature, Surname, Name, Patronymic (if any)
_____________________
signature, Surname, Name, Patronymic (if any)
_____________________
signature, Surname, Name, Patronymic (if any)
Perf. by: Surname, Name, Patronymic (if any)
