Child Adoption

From the Family law of Mongolia, entered into force on 08.01.1999

Chapter Seven

CHILD ADOPTION

Article 54. Adoption of, to give for adoption a child

54.1. A child shall be given for adoption in accordance with their interests.

54.2. A child may be given for adoption to foreign citizens according to the procedure provided under Article 58 of this law.

Article 55. General Conditions for adoption of and to give for adoption a child

55.1. The consent of parents to give for adoption their child and the application to adopt a child shall be made in writing certified by a notary public.

55.2. If anyone of the spouses is adopting a child, then he/she shall obtain a consent with this regard from wife or husband.

55.3. If a complete orphan as well as his/her parents both do not have full law capacity, then in case of giving for adoption their child, the consent of guardian, caretaker of respective child and of child care instruction unless otherwise provided by law.

55.4. An own consent of child, who has reached age of 7 years shall be obtained.

55.5 A child of a person whose parental rights has been curtailed, may be given for adoption after 6 months from date when the judgement of the court with this regard has become effective.

55.6. The prospective adopter shall submit an application for adopting a child to the Governor of Soum /county/ or district, where the child is residing.

55.7. The Governor of Soum or district shall review the application for adopting a child and shall make decision on whether to give for adoption within 20 days since receipt of such application.

55.8. An officer in charge civil marriage registration shall register the adoption of a child on the bases of decision on adoption of child.

Article 56. Registration and supervision of adoptable child in difficult conditions

56.1. The Governor of Soum or district shall made research study and maintain a register in the adoptable children in difficult conditions within the territory under his/her jurisdiction.

56.2. A central State Administrative Authority in charge of population matters shall maintain a unified register and place a supervision over adopted children in difficult conditions.

Article 57. Adopter

57.1. Adopter shall be a person, of who has reached the age of maturity, has full civil law capacity and who has ability to rise and up-bring the child.

57.2 It is prohibited to give a child for adopting to a person who is above age of 60 years, whose parental rights is restricted, curtailed or has been restricted or curtailed before; who has returned bade a child adopted by him/her because of his/her wrong, who has a vested interests; who has been declared by the court decision as not having a full civil law capacity or has a restricted capacity, who has tuberculoses or mentall discuss, who habitually consumes alcoholic drinks or narcotic substances, who has several criminal records and undergoing an imprisonment term.

57.3. When a complete orphan is being adopted by his/her relative person, the page restriction provided under Article 57.2 of this law is not applicable.

Article 58. Adoption of child of Mongolian nationality by a Foreign citizen

58.1. A foreign citizen shall file an application for adopting a child of Mongolian nationality to the Competent authority of Mongolia through the competent authority of his/her own country.

58.2. When a foreign citizen residing in Mongolia for not less than 6 months is adopting a child of Mongolian nationality, Article 58.1 of this is with applicable.

58.3. A prospective child adopter foreign citizen shall file the following document of the permission required under Article 55.1, 55.3 of this law:

58.3.1. An application of the prospective child adopter/if has husband/or wife then together/ and its official translation certified of a notary public;

58.3.2. A medical certification regarding whether adopter has tuberculoses, AIDS, or mental disease;

58.3.3. A certification regarding the place of permanent residence of the applicant by the relevant authority/ including the certification by a police authority/;

58.3.4. A certification on the living and financial ability of the applicant by the relevant authority of a respective state;

58.3.5. A certification regarding the applicant by the central state administrative authority in charge of population matters;

58.4. An authority provided under Article 11 of law on Foreign citizen legal status shall register the adoption of a child of Mongolian nationality by a foreign citizen.

58.5. When the application for adoption of child of Mongolian nationality who is residing in foreign country through the diplomatic and consular missions of Mongolia is decided according to this law, Article 58.1. shall not be applicable.

58.6. A central State Administrative Authority in charge of population matters shall maintain registry of a foreign citizen who have applied for adoption of a child of Mongolian nationality; and shall co-operate with other countries, their relevant authorities and international organizations on the issues of protecting child rights and their interests.

58.7. A regulation for giving for a adoption a child to foreign citizen shall be approved jointly by the Government Cabinet members in charge of justice and health and social welfare matters.

58.8. A responsibility to introduce the child’s motherland and parents shall be undertaken by the adoptive parents.

58.9. An adopted child shall exercise right to choose his/her own nationality according to the law of Mongolia on Citizenship.

58.10. This article equally applicable to stateless persons.

Article 59. Rights and Duties of the adopted child and of adoptive parents

59.1. Adopted child shall exercise the same rights and undertake the same duties as natural child.

59.2. Adoptive parents shall exercise the same rights and undertake the same duties as natural parents.

59.3. Adopted child shall be freed a duty a duty to foster the parents who given him/her for adoption and shall lose the property and non property rights.

59.4. Adopted child who is receiving a pension for losing a breed-winner shall entitled to return sub right to pension.

Article 60. Confidentiality of Adoption

60.1. An official and other persons with knowledge of the adoption secrecy shall have duty to maintain confidential.

60.2. If adoption confidentiality is disclosed without permission of adopter and adopted one, then he/she shall be liable as provided under the legislation.

61. Nullification of Adoption

61.1. The Court shall nullify the adoption on the suit filed by the natural parents, other interested persons, child rights and interests protection institutes and by the child who has reached the age of 14 years in cases when the adopter has misused his/her parental rights, has cruel treatment of child, has filed false documents and obtained adoption decision by this, and it is revealed that he/she is person provided in Article 57.2 of this law.

61.2. The court may nullify the adoption on other grounds if it is consider us necessary.

Article 62. Results arising out of nullification of adoption

62.1. The court shall decide the issue of returning back the child to his/her natural parents, guardian or caretaker in a case the adoption has been nullified.

62.2. The court shall decide the issue of transferring the child to child care institution if it is established that it is detrimental to the child’s rights and interest to return back to the parents; or any other his/her legal representatives is absent.

62.3. A suit may be filed in the court for obtaining expenses related to the transfer of the child to the child care institution and for obtaining a compensation for damages incurred from the adopter.