Adoption/Foster Care

There is legislation on adoption of children in the Family Code of Tajikistan.  However this is not practiced in Tajikistan.

 GUARDIANSHIP OVER MINORS

Article 147. Minors, who settled by guardianship or trusteeship

Article 148. Guardians and trustees of minors

1. Guardians and trustees can be designated only capable adults.
2. Following individuals cannot designated as guardians and trustees:
   eprived of parental rights;
   adoptive person, if adoption was cancelled in consequence of inappropriate fulfilment of obligations;
   person, who is out of guardian and trustee obligations in consequence of inappropriate fulfilment of obligations;
   alcohol or drug addicts as well as person, who cannot undertake child’s accomplishment and education obligations due to the health condition (part 1 article 127 of the current Code)
3. The function of guardianship and trusteeship rest on the departments of civil education against   minors, on the health departments with respect to those declared incapable or partially disabled, on the departments of social services with respect to disabled in need of guardianship with respect to health status.
4. In the villages the guardianship and trusteeship functions are carried out directly by shahrak and dehot jamoats.

Article 149.  Position of guardianship and trusteeship bodies

Regulations of guardianship and trusteeship bodies approved by the Government of the Republic of Tajikistan

Article 150. Guardianship and trusteeship place

Guardianship and trusteeship settled by the district, city, district Hukumat of the city, shahrak and dehot jamoat on a residence of the person is the subject of guardianship and trusteeship, or on a residence of the guardian or trustee.

Article 151. Selection of guardian or trustee

1. When the guardian (trustee) is appointed, moral and other characteristics of the guardian (trustee), ability to perform the guardian (trustee) obligations, relations between the child and the guardian (trustee), attitude of the guardian’s (trustee) family towards the child, and where possible a wish of the child are considered.
2. Trustee of adult and capable person, who is not able to accomplish his/her rights and obligations due to the health conditions, can be appointed by the consent of the person being under care.

Article 152. Guardianship (trusteeship) over the children, residing at educational and medical treatment institutions and institutions of social protection of the population.

1. Guardians (trustees) are not appointed over the children being under the government care residing at educational and medical treatment institutions and institutions of social protection of the population and other similar institution.  All obligations are assigned to the administration of these institutions. Temporary placement of the child by guardian (trustee) in this kind of institution does not discontinue accomplishment of the rights and obligations of guardian (trustee) over this child.
2. Guardianship and trusteeship bodies monitor the conditions of accomplishment and education of the children residing at institutions mentioned in part 1 of the current article.
3. Protection of the rights of the alumnus of the institutions, mentioned in part 1 of the current article, assigned to the guardianship and trusteeship bodies.

Article 153. The right of children being under guardianship (trusteeship)

1. Children residing under guardianship (trusteeship) have right to:

• accomplishment in the family of the guardian (trustee), care by guardian (trustee), joint  residence, apart from cases foreseen by civil legislation of the Republic of Tajikistan;
• alimentation, accomplishment and development conditions and  respect of human dignity;
• alimony, pension, benefits and other social payments;
• preservation ownership over the property or right of using the property, and right of getting    a   new property, when missing, in accordance with residential legislation;
• protection from abuse by the guardian (trustee) in accordance with article 57 of the current       Code

2. Children residing under guardianship (trusteeship) also have rights foreseen in article 56 of the current Code.

Article 154. The rights of children, deprived from parental care, and placed in accomplishment and social protection institutions.

1. Children, deprived from parental care and placed in accomplishment, medical, social protection institutions and other similar institutions, have rights to:

• alimentation, accomplishment, education, comprehensive development, human dignity and ensuring their interests;
• alimony, pension, benefits and other social payments;
• preservation ownership over the property or right of using the property, and right of getting a new property, when missing, in accordance with residential legislation;
• employment privileges, foreseen in the labour legislation, upon completion of the mentioned institutions;

2. Children, deprived from parental care and placed in institutions mentioned in part 1 of the current Code also have rights, foreseen by articles 55, 56 of the current Code.

Article 155. Rights and obligations of guardian and trustee of a minor

1. Guardian and trustee of a minor have right and obliged to accomplish his/her fosterling, take care of his/her health, physical, psychological, mental and moral development, education and professional development.Guardians and trustees are authorised to identify the methods of a child accomplishment independently, taking into consideration opinion of the child and guardian and trustee bodies, as well as abidance of requirements foreseen in part 1 of article 65 of the current Code. \Guardian and trustee have right of selection of educational institution and type of education based on the opinion of the child, till graduation from basic general education.
2. Guardian and trustee have right to ask the court to return children, being under their guardianship, from any individuals withholding children without any legal basis, including from relatives of the child.
3. The Guardian and the trustee does not have right to prevent from intercourse of fosterling with his/her parents and other relatives, apart from cases, when this kind of intercourse does not respond to the interests of child.
4. The right and obligations of the guardian and the fosterling are defined the Civil Code of the Republic of Tajikistan.
5. Guardianship and trusteeship responsibilities against the child under care lay on guardian (trustee) without compensation.
6. For alimentation needs of the child, the guardian (trustee) is paid monthly funds according to the conditions, fixed by the Government of the Republic of Tajikistan.

Article 156. Dismiss guardian and trustee in case of bad performance of the duties.

1. In case of bad performance of the duties by guardian or trustee, the guardianship and trusteeship bodies dismiss trustee or guardian from obligations against the child.
2. If guardianship (trusteeship) carry corrupting purposes and if fosterlings are left without supervision and necessary care, than guardianship and trusteeship bodies are obliged to hand over relative documents to prosecuting attorney to involve the person to statutory responsibility.

Article 157. Absolution of trustee over adult on request of fosterling

Trustee of capable adult, who is in need of trusteeship due to health or age, is subject of absolution upon request of fosterling.  Guardianship and trusteeship bodies may assign other person with agreement of fosterling.

Article 158. Appeal of decisions of guardianship and trusteeship bodies

Decisions of guardianship and trusteeship bodies on assignment and absolution of guardians and trustees as well as any other issues related to guardianship and trusteeship can be appealed by interested people at superior agencies by order or in the court.