Family code of the Republic of Uzbekistan

30.04.1998

SECTION I. GENERAL PROVISIONS

Chapter 1. Main provisions

Article 1. Family legislation and its objectives

Family legislation shall consist of this Code and other legislative acts adopted pursuant thereto.

The objectives of family legislation shall be to strengthen the family, build family relationships based on feelings of mutual love, trust and mutual respect, cooperation, mutual support and responsibility to the family of all its members, prevent arbitrary interference by anyone in family affairs, and ensure the unhindered exercise by family members of their rights and their protection.

Article 2. Equal rights of women and men in family relations

Family relations shall be regulated based on the principle of voluntary marital union of a man and a woman; equality of the spouses' personal and property rights; resolution of family issues by mutual consent; priority of raising children in the family environment; taking care of their wellbeing and development; and ensuring protection of the rights and interests of minors and incapacitated family members.

Article 3. Equal rights of citizens in family relations

All citizens shall have equal rights in family relations. Nor any direct neither indirect restriction of rights; establishment of either direct or indirect advantages upon entry into marriage or interference in family relations on the basis of sex, race, ethnic origin, language, religion, social origin, beliefs, personal and social status, or other circumstances shall be allowed.

The citizens' rights in family relations may be restricted only on the basis of the law and only to the extent necessary to protect the morals, honour, dignity, health, rights and legally protected interests of other family members and other citizens.

Article 4. Protection of the family, motherhood, fatherhood, and childhood

In Uzbekistan, the family, motherhood, fatherhood, and childhood are under the protection of the State.

Motherhood and fatherhood are honoured and respected in the Republic of Uzbekistan.

The interests of mothers and children shall be protected through special measures on protecting women's labour and health, creating conditions that allow women to combine work and motherhood, legal protection, as well as material and moral support for motherhood and childhood.

Article 41. Social protection for families with multiple children

A family with four or more children under the age of eighteen shall be considered a family with multiple children. Hereby, if one or more of the four or more children are studying on a full-time basis in educational organizations (of secondary special and professional, or higher education) and have not reached the age of twenty-two, this family shall also be considered a family with multiple children.

The State shall ensure provision of benefits and social safeguards to families with multiple children in accordance with the legislation.

Article 5. Relations regulated by family legislation

Family law shall establish the conditions and procedure for entry into marriage, termination of marriage and its invalidation, and regulate personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and - in cases and within the scope provided for by family legislation - between other relatives and other persons, as well as determine the forms and procedure for placing children without parental care in a family, and the procedure for the registration of acts of civil status.

Article 6. Application of civil legislation to family relations

Property and personal non-property relations between family members, not regulated by family legislation, shall be subject to civil legislation insofar as this does not contradict the essence of family relations.

Article 7. Application of family and civil legislation by analogy

If relations between family members are not regulated by family legislation or agreement of the parties and in the absence of civil law norms directly regulating these relations, the norms of family and (or) civil law regulating similar relations (analogy of law) shall be applied to such relations, unless it does contradict their essence. In the absence of such norms, the rights and duties of family members shall be determined on the basis of general principles of family and civil law (analogy of law), as well as the principles of humanity, reasonableness, and justice.

Article 8. Application of local customs and traditions in family relations

In the absence of relevant norms in the legislation, local customs and traditions, not contradicting the principles of the legislation of the Republic of Uzbekistan shall be applied in the regulation of family relations.

Article 9. Application of international treaties

If an international treaty of the Republic of Uzbekistan establishes rules other than those contained in the family legislation of the Republic of Uzbekistan, the rules of the international treaty shall apply.

Chapter 2. Exercise and protection of family rights

Article 10. Exercise of family rights and performance of family duties

Citizens shall at their discretion dispose of their rights arising from family relations.

The exercise by family members of their rights and the performance of their duties must not violate the rights, freedoms, and legitimate interests of other family members and other citizens.

Article 11. Protection of family rights

Protection of family rights shall be exercised by court according to the rules of civil proceedings, while in cases stipulated by this Code - by guardianship and trusteeship bodies or other state bodies.

Protection of family rights shall be exercised by means provided for in the reelevant articles of this Code.

Article 12. Application of the statute of limitations in family relations

Claims arising from family relations shall not be subject to the statute of limitations, with the exception of cases established by this Code.

In applying the rules establishing the statute of limitations, the court shall be guided by the Civil Code of the Republic of Uzbekistan.

SECTION II. MARRIAGE

Chapter 3. Procedure and conditions for conclusion of marriage

Article 13. Procedure for conclusion of marriage

Marriage shall be concluded in the civil registry offices.

A marriage concluded under a religious ceremony shall have no legal value.

A marriage shall be concluded in the physical presence of the couple entering into a marriage upon expiry of one month after the date of submission of the marriage application to the civil registry office.

In the presence of valid reasons, the civil registry office may authorize the conclusion of a marriage before an expiry of one month.

In the presence of special circumstances (pregnancy, child birth, or illness of one of the parties, etc.) marriage may be concluded on the day of submission of the application.

Marriage shall be concluded in accordance with the procedure established for state registration of acts of civil status.

The refusal of the civil registry office to register a marriage may be appealed directly to the court or to the superior body in the order of subordination.

Article 14. Voluntary basis of entry into marriage

Marriage shall be entered into on a voluntary basis.

The future spouses shall possess the ability to freely express their consent to conclude a marriage. Coercion to conclude a marriage shall be prohibited.

Article 15. Marriageable age

The marriageable age for men and women shall be set as eighteen years of age.

In the presence of valid reasons, in exceptional cases (pregnancy, child birth, declaration of a minor fully capable (emancipation), the khokim of the district or city at the place of state registration of marriage may reduce the marriage age at the request of persons wishing to marry, but not more than for one year.

Article 16. Circumstances preventing conclusion of marriage

Conclusion of marriage shall not be allowed:

Between persons, where at least one of them is already in another registered marriage;

Between lineal ancestors and lineal descendants, blood and non-blood brothers and sisters, as well as between adoptive parents and adopted children;

Between persons at least one of whom has been found by a court to be incapable due to mental disorder (mental illness or dementia).

Article 17. Medical examination of persons entering into marriage

Persons entering into marriage shall undergo a medical examination in the public healthcare system institutions on a free-of-charge basis. The scope and procedure of medical examination shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.

Medical examination of persons entering into marriage at the age of over fifty, as well as in the presence of special circumstances referred to in part 5 of Article 13 of the present Code shall be carried out with their consent.

Chapter 4. Personal rights and duties of spouses

Article 18. Arising of rights and duties of spouses

Persons who have concluded the marriage become spouses from the moment of marriage registration at the civil registry office, and the rights and duties of spouses shall arise between them from that time.

Article 19. Equality of spouses in the family

Spouses shall enjoy equal rights and bear equal duties in the family.

Article 20. The right to choose a surname by spouses

When a marriage is entered into, the spouses shall choose the surname of one of the spouses as their common surname if they so wish or each of the spouses shall retain his or her maiden surname.

A change of surname by one of the spouses shall not entail a change in the surname of the other spouse.

Article 21. Addressing by spouses of the matters relating to the upbringing of children and family life

The matters of upbringing of children and other family-life issues shall be settled by the spouses together.

Article 22. The rights of the spouses to choose an occupation, profession, and place of residence

Each of the spouses shall be free to choose an occupation, profession, and place of stay and residence.

Chapter 5. Property rights and duties of spouses

Article 23. Common joint property of spouses

The property acquired by the spouses during a marriage, as well as that acquired before registration of the marriage using the common means of the future spouses shall be their common joint property unless otherwise envisaged by law or by a marriage contract.

The property acquired by the spouses during the marriage (common property of the spouses) shall include income of each of the spouses from work, entrepreneurial activity, and results of intellectual activity, pensions and allowances received by them, as well as other monetary payments with no special targeted purpose (amounts of material support, amounts paid in compensation for disability caused by injury or other health damage, etc.). Movables and immovables, securities, stakes and contributions acquired at the expense of the common income of the spouses, including shares in the capital made in credit institutions or in other commercial organizations, as well as any other property acquired by spouses during the marriage - regardless of the fact in whose name it was acquired or in whose name or by whom of spouses the money was paid in - shall also be considered the common property of the spouses.

Spouses shall enjoy equal rights to the common property also in the case when one of them has been engaged in housekeeping, child care, or did not have an independent earnings and other income for other good reasons.

The rights of spouses to own, use, and dispose of property, which is joint property of members of farming and dehkan enterprises shall be determined by the laws on farming and dehkan enterprises. The division of property of a farming and dehkan enterprise shall be carried out in line with the rules provided for in Articles 223 and 225 of the Civil Code of the Republic of Uzbekistan.

Article 24. Possession, use, and disposal of the common property of spouses

Spouses shall have equal rights to possess, use, and dispose the property being their common joint property.

When either of the spouses concludes a transaction on the disposal of the common property of the spouses, it shall be assumed that he/she acts with the consent of the other spouse.

A transaction performed by either of the spouses on the disposal of the common property of the spouses may be recognized by the court as invalid on grounds of lack of consent of the other spouse only on his/her demand and only in cases where it is proved that the other party to the transaction was aware of or should have known about the dissent of the other spouse from the execution of this transaction.

In order for one of the spouses to perform a transaction on the disposal of common immovable property registered in his/her name, it shall be necessary to obtain a notarized consent of the other spouse. A spouse whose notarized consent to the execution of the transaction was not obtained shall have the right to claim for invalidation of the transaction in court within one year from the date when he/she became aware of or should have learned about the execution of this transaction.

Article 25. The property of each of the spouses

The property belonging to each of the spouses before marriage, as well as received by either of them during the marriage as a gift by inheritance or under other gratuitous transactions shall be considered his/her property.

The property of each of the spouses may be recognized as their common property if it is established that investments were made during the marriage at the expense of the common property of the spouses or the property of each of the spouses or labour of either of the spouses, which significantly increase the value of this property (major repairs, reconstruction, refurbishment, etc.).

Article 26. Individual use items of spouses

Individual use items (clothes, shoes, and the like), except jewellery and other luxury items - though acquired during the marriage at the expense of the common means of the spouses - shall be considered the private property of the spouse who used them.

Article 27. Division of common property of the spouses

A division of the common property of the spouses may be made as during the marriage, as well as after its dissolution at the request of either of the spouses, as well as in the event of a debtee's claim for division of the property of the spouses to enforce the share of one of the spouses in the common property of the spouses.

The common property of the spouses may be divided between the spouses by their agreement. At the wish of the spouses, their agreement on the division of common property may be notarized.

In the event of a dispute, the division of property of the spouses, as well as the determination of the shares of the spouses in this property shall be made in court.

When dividing the common property the court shall determine the part of the property, which shall be transferred to each of the spouses. When one of the spouses is transferred property exceeding the value of his/her share, the other spouse may be awarded corresponding monetary or other compensation.

When the marital relationship is terminated, the court may recognize the property acquired by each of the spouses during their separate living as the property of each of the spouses.

Items purchased to meet the needs of minor children (clothes, footwear, school and sports accessories, musical instruments, children's library, etc.) shall not be subject to division and shall be transferred without compensation to the spouse with whom the children live.

Contributions made by the spouses at the expense of the common property of the spouses in the name of their common minor children shall be considered to belong to these children and shall not be taken into account when dividing the common property of the spouses.

In the event of division of the common property of the spouses during the marriage, the part of the spouses' common property that has not been divided as well as the property acquired by the spouses during the marriage shall subsequently constitute their common joint property.

Three-year limitation period shall apply to claims of the spouses on the division of common property of the spouses, whose marriage has been terminated.

Article 28. Determination of shares in the division of the common property of spouses

When dividing the common property of the spouses and determining shares in this property, the shares of the spouses shall be deemed to be equal, unless otherwise stipulated by the marriage contract concluded between the spouses.

The court may deviate from the principle of equality of shares of the spouses in their common property on the grounds of the interests of minor children and (or) proceeding from presence of a noteworthy interest of one of the spouses, particularly in cases where the other spouse has not received income for invalid reasons or has spent the common property of the spouses to the detriment of the interests of the family.

When dividing the common property of the spouses, the common debts of the spouses shall be distributed between the spouses in proportion to the shares awarded to them.

If one of the spouses spent common property at his/her discretion against the will of the other spouse and the interests of the family or has transferred it to another person, this property or its value shall be considered during the division.

Chapter 6. Contractual regime of the property of spouses

Article 29. Marriage contract

A marriage contract shall be an agreement of the persons entering into marriage or an agreement of the spouses determining the property rights and duties of the spouses during the marriage and (or) in case of its dissolution.

Article 30. Conclusion of marriage contract

The marriage contract may be concluded both before the state registration of the marriage and during the marriage.

The marriage contract concluded before the state registration of the marriage shall enter into force on the day of the state registration of the marriage.

The marriage contract shall be concluded in writing and shall be subject to notarial certification.

Article 31. Content of marriage contract

Through the marriage contract, the spouses shall be entitled to change the legally prescribed regime of common joint property (Article 23 of this Code) and establish the regime of joint, shared, or separate ownership for all of the property of the spouses or for its separate types, or on the property of each of the spouses.

The marriage contract may be concluded both in respect of the existing and in respect of the future property of the spouses.

Spouses shall be entitled to define in the marriage contract their rights and duties on shared maintenance, bearing of family expenses, participation in each-other's income, conclusion of property contracts with other persons, joint employment in entrepreneurship; to determine the property to be transferred to each of the spouses in the event of dissolution of the marriage; and to include in the marriage contract other provisions concerning the property relations of the spouses.

Rights and duties envisaged by the marriage contract may be limited to certain terms or be made conditional on the occurrence or non-occurrence of certain conditions.

The marriage contract may not limit the legal capacity or legal ability of the spouses; their right to appeal to the court for the protection of their rights; regulate the personal non-property relations between the spouses and the rights and duties of the spouses in respect of the children; involve provisions that restrict the right of the disabled spouse to receive maintenance; contain other conditions, which put one of the spouses in a highly disadvantaged position or contradict with the family legislation norms.

Article 32. Modification and dissolution of the marriage contract

The marriage contract may be modified or dissolved at any time upon mutual agreement of the spouses. The agreement to modify or dissolve the marriage contract shall be exercised in the same form as the conclusion of the marriage contract.

No unilateral repudiation of the marriage contract shall be allowed. At the claim of one of the spouses, the marriage contract may be modified or terminated by a court decision on the grounds of and in line with the procedure established by the Civil Code of the Republic of Uzbekistan.

The marriage contract terminates upon termination of the marriage, except for those duties stipulated by the marriage contract for the period after the termination of the marriage.

Article 33. Recognition of the marriage contract as invalid

The marriage contract may be declared invalid by court either in whole or in part on the grounds stipulated by the Civil Code of the Republic of Uzbekistan.

The court may also recognize the marriage contract invalid either in whole or in part at the request of the either of spouses if the terms of the contract contradict the requirements of Part 5 of Article 31 of this Code.

Article 34. Foreclosure on the property of spouses

Foreclosure levied based on duties of either of the spouses may be levied only on the property of that spouse. In case of the insufficiency of such property, the debtee shall be entitled to demand the separation of the share of the debtor spouse from the common property of the spouses to foreclose on it.

The foreclosure shall be levied on the common property of the spouses on common duties of the spouses, as well as on the duties of one of the spouses, should the court establish that all due amounts received by one of the spouses was used for addressing the needs of the family. In the event of insufficiency of this property, the spouses shall be jointly and severally liable for these duties with the property of each of them.

Where a court ruling establishes that the spouses' common property was acquired or increased at the expense of funds received by one of the spouses by criminal way, foreclosure may be levied accordingly on the common property of the spouses or on the part thereof.

The liability of spouses for harm caused by their minor children shall be determined by civil legislation.

Article 35. Guarantees of debtees' rights in concluding, modifying, and dissolving the marriage contract

The spouse shall be obliged to notify his/her debtee(s) of the conclusion, modification, or dissolution of the marriage contract. In the failure to perform this duty, the spouse shall be liable for his/her duties regardless of the content of the marriage contract.

The debtee(s) of the spouse-debtor shall be entitled to demand a modification in the conditions or dissolution of the marriage contract in the manner prescribed by legislation, due to materially changed circumstances.

Article 36. Proprietary-contractual relations between spouses

Spouses shall be entitled to enter between each-other into all proprietary-contractual relations permitted by law.

Any agreements between spouses aimed at infringing the rights of the either spouse shall be invalid.

Chapter 7. Termination of marriage

Article 37. Grounds for termination of marriage

The marriage shall terminate by death or by adjudication of one of the spouses as deceased.

A marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of a spouse who has been recognized legally incapable by a court.

Article 38. Marriage dissolution procedure

Dissolution of marriage shall be executed in court, while in the cases stipulated by Articles 42 and 43 of this Code - in the civil registry office.

Article 39. Cases in which demanding the dissolution of marriage by a husband shall not be admitted

The husband shall have no right to initiate proceedings for the dissolution of the marriage without the consent of his wife during the pregnancy of the wife and within a year after the child birth.

Article 40. Judicial dissolution of marriage

Consideration of cases of dissolution of marriage by a court shall be carried out in line with the litigation procedure established by the Civil Procedure Code of the Republic of Uzbekistan.

The court shall be entitled to appoint a period of up to six months for the spouses to reconcile, by postponing the proceedings of the case.

In the event if the spouses are assigned a period for reconciliation and postponement of the case, the court shall notify in writing no later than within three days the Conciliation Commission of the citizens' meeting at the place of joint residence of the spouses for the latter to take appropriate measures for their reconciliation, and if they do not live together - the Conciliation Commission of the citizens' meeting at the place of residence of each of them.

The court does not grant a reconciliation period at the request of a person who has suffered from family (domestic) violence.

Article 41. Grounds for dissolution of marriage by the court

A marriage shall be dissolved if the court establishes that further cohabitation of the spouses and the preservation of the family have become impossible.

Article 42. Dissolution of marriage in the civil registry offices upon mutual consent of spouses

In the presence of mutual consent to dissolution of marriage of spouses who do not have common minor children, the marriage dissolution shall be executed in the civil registry office.

In the presence of disputes between the spouses about the payment of maintenance to a needy disabled spouse or about the division of property that is their common joint property, the spouses or one of them shall be entitled to file a claim for dissolution of marriage in court.

Article 43. Dissolution of marriage in the civil registry office at the request of the either of spouses

At the request of one of the spouses, regardless of whether they have common minor children, a marriage may be dissolved in a civil registry office if the other spouse:

Declared missing by the court;

Recognized by the court as incapable due to mental disorder (mental illness or dementia);

Sentenced to imprisonment for at least three years for committing a crime.

In case of a dispute over children, the division of common joint property of spouses or the payment of maintenance to a disabled spouse in need, the marriage shall be dissolved in court.

Article 44. Issues to be resolved by the court in deciding on the dissolution of a marriage

In the judicial dissolution of marriage, the spouses may submit for court's consideration an agreement on spouses with whom minor children will live, on the order of payment of the maintenance of children and (or) a disabled spouse in need, and the amount of these funds or the division of the common property of the spouses.

In the absence of an agreement between the spouses on the issues specified in part 1 of this Article, as well as when it is established that this agreement violates the interests of children or either of the spouses, the court shall be obliged to:

determine with which of the parents the minor children will live after the dissolution of the marriage;

determine from which parent and in what amount alimony for the maintenance of minor children will be recovered;

execute division of property in their joint ownership at the request of the spouses (either of them);

determine the amount of the maintenance at the request of the spouse eligible to receive this maintenance from the other spouse.

If the division of property affects the interests of third parties, the court shall sever the claim for division of property in separate proceedings.

When considering a case for dissolution of marriage, claims for recovery of funds spent on the wedding shall not be satisfied.

Article 45. Determining the state fee amount when the court decides to dissolve a marriage

When making a decision on the dissolution of a marriage, the court shall determine the amount of the state fee due either by one or both spouses when the civil registry office issues them a certificate of dissolution of marriage. Where the court finds it necessary to collect this fee from both spouses, it shall determine the amount of the fee due from each of them.

Article 46. Changing the surname of a spouse upon dissolution of marriage

A spouse who changed his/her surname at the entry into marriage may continue to use that surname after the dissolution of the marriage, or the maiden surname may be restored when the court decides to dissolve the marriage.

Article 47. Moment of termination of marriage at its dissolution

Marriage shall become terminated on the day of registration of the dissolution of the marriage at the civil registry office.

Article 48. Restoration of marriage in the appearance of the spouse declared by a court to be dead or recognized as missing

In the event of appearance of the spouse declared by a court to be dead or recognized as missing and abolition of the relevant court decisions, the marriage may be restored by the civil registry office at the joint request of the spouses.

Marriage may not be restored if the other spouse has entered into a new marriage.

Chapter 8. Invalidity of marriage

Article 49. Grounds for recognizing the marriage invalid

Marriage shall be recognized as invalid in the following cases:

Violation of the provisions set forth in Articles 14 — 16 of this Code;

Conclusion of a fictitious marriage, i.e., where the spouses or either of them have/has registered the marriage without the intention to create a family;

Concealment by one of the persons entering into marriage from the other person of the presence of venereal disease or human immunodeficiency virus (HIV infection), if the latter has applied to the court with such a claim.

Article 50. Procedure for recognizing the marriage invalid

Recognition of marriage as invalid shall be executed only in court.

When issuing a copy of the effective court decision on the annulment of the marriage, a relevant note shall be made in the passport or other identity document.

Extract from the effective court decision on the annulment of the marriage shall be sent within ten days by the court to the civil registry office at the place of registration of the marriage.

Article 51. Annulment of a marriage concluded with a person under marriageable age

A marriage concluded with a person under marriageable age may be declared invalid should the interests of the person who entered into the marriage before reaching marriageable age so require. The person married before reaching the marriageable age, his/her parents or a guardian, the guardianship and trusteeship body, as well as the prosecutor shall be entitled to claim annulment of such a marriage.

If the spouse has attained the marriageable age by the time of case resolution in court, the marriage may be declared invalid only at the spouse's request.

A case on recognition of the marriage invalid due to the fact that one of the spouses is not reached marriageable age shall be considered with the participation of the guardianship and trusteeship body, if the spouses (or either of them) have not reached the marriageable age by the time of consideration of the case in court.

Article 52. Annulment of marriage concluded in the presence of obstacles to conclusion of the marriage

A marriage concluded in the presence of circumstances listed in Article 16 of the present Code shall be declared invalid.

If the circumstances preventing from the conclusion of the marriage cease by the time the case is resolved, the court shall be entitled to recognize the marriage as valid on the time when the circumstances cease to exist.

Spouses, persons whose rights are violated by the conclusion of the marriage, as well as the guardianship and trusteeship body and the prosecutor shall be entitled to request the annulment of a marriage on the grounds listed in Article 16 of the present Code.

A case on the annulment of a marriage concluded with a person who has been declared by a court legally incapable shall be considered with the participation of the guardianship and trusteeship body.

Article 53. Annulment of an involuntarily concluded marriage

An involuntarily concluded marriage may be declared invalid at the request of the victim (his/her legal representatives) or the prosecutor.

Article 54. Declaring a fictitious marriage invalid

The marriage may be declared invalid in cases when spouses have registered a fictitious marriage and have not created a family.

The prosecutor may demand annulment of a fictitious marriage, while in cases where only one of the spouses has entered into a marriage without the intention of creating a family, such a demand may also be made by the other spouse.

Article 55. The time from which marriage is considered invalid

A marriage recognized by a court as invalid shall be considered invalid from the moment of its conclusion.

Article 56. Implications of recognizing the marriage as invalid

Marriage declared invalid shall not give rise to personal and property rights and duties of spouses as established by this Code.

Proprietary legal relations of persons whose marriage is recognized invalid shall be regulated by the Civil Code of the Republic of Uzbekistan.

The annulment of a marriage shall not affect the rights of children born in such a marriage or within three hundred days since the recognition of the marriage invalid.

When making a decision to recognize a marriage invalid, the court shall be entitled to recognize the right of a spouse whose rights are violated by the conclusion of such a marriage (bona-fide spouse) to receive maintenance from the other spouse in line with Articles 118 and 119 of this Code, while with regard to the division of the property acquired jointly before the recognition of the marriage invalid, the court shall be entitled to apply the provisions set out in Articles 23, 27, and 28 of this Code, and also recognize the validity of the marriage contract either in whole or in part thereof.

The bona-fide spouse shall be entitled to claim compensation for material and moral damages caused to him/her under the rules stipulated by civil legislation.

In the annulment of marriage, the bona-fide spouse shall be entitled to retain the surname chosen by him/her at the time of state registration of the marriage.

SECTION III. BLOOD RELATIONSHIP AND ESTABLISHMENT OF THE ORIGIN OF CHILDREN

Chapter 9. Kinship and affinal relationship

Article 57. Kinship

Persons born from one common third person (ancestor) shall be considered relatives. The kinship closeness between the two lineally-related persons shall be determined by the number of degrees, i.e., births.

Lineal kins shall be considered children in relation to parents - in the first degree of kinship, grandchildren to grandparents - in the second degree, great-grandchildren to great-grandparents - in the third degree of kinship, and so on.

Collateral relatives shall be brothers and sisters and their children; brothers and sisters of the father and mother and their children; brothers and sisters of the grandfather and grandmother and their children; and so on.

Lineal kins shall be considered closer than collateral relatives.

The number of degrees or births from one of these persons shall be taken into account in determining the closeness of kinship between two persons, without including the person himself/herself in the count.

The count shall be made up the straight line to their common person (ancestor) and down from him/her to the other of them.

Blood brothers and sisters shall be considered the second degree of kinship. Uncle and aunt and nephews shall be considered the third degree, while male and female cousins - in the fourth.

Article 58. Full and incomplete kinship

Kinship between brothers and sisters may be either full or incomplete. It shall be considered full when brothers and sisters are descended from the same parents, and incomplete - when they are descended from one father but from different mothers or vice versa - from one mother but from different fathers. In full kinship, brothers and sisters shall be called blood brothers and sisters; while in incomplete kinship they shall be called half-brothers and half-sisters.

Children of each spouse from previous marriages shall not be considered related to each other.

Article 59. Affinal relationship

The relations of one spouse and his/her relatives with the relatives of the other spouse (affinal relationship) shall not give rise to mutual rights and duties.

Chapter 10. Establishment of the origin of children

Article 60. Grounds for establishing the origin of a child

The origin of the child from the mother (maternity) shall be established by the civil registry office on the basis of documents from a medical institution, while in the event when a child was born outside the medical institution - on the basis of other evidence.

A child born to a woman after her marriage or no later than on three hundredth day after the marriage ended due to the death of her husband, the dissolution of the marriage, or the annulment of the marriage shall be considered to have been born in wedlock.

A child born to a woman no later than the three hundredth day after the termination of the marriage - if the woman has already entered into a new marriage - shall be considered to have been born in the new marriage. In such cases, the former husband or his parents shall have the right to challenge the origin of the child.

Article 61. Establishment of the origin of a child upon the parents' appeal

Paternity of a person who is not married to the child's mother shall be established upon a joint statement of the mother and the person admitting to be the child's father, submitted to the civil registry office.

If the mother is deceased, declared legally incapable by a court, or if the mother cannot be located, or if she is deprived of parental rights, paternity shall be established on the basis of a statement of the person who acknowledges himself the child's father, agreed upon with the guardianship and trusteeship body.

If the child's father is declared legally incapable by a court, a statement for the acknowledgement of paternity may be filed on his behalf by his guardian, with the consent of the guardianship and trusteeship body.

A statement for the acknowledgement of paternity may be filed upon registration of the birth of a child, as well as once the birth of a child is registered. In the presence of circumstances that give reason to believe that it may be impossible or difficult to submit a joint statement for the establishment of paternity after the birth of the child, the parents of the future child who are not married to each other, shall be entitled to submit such a statement to the civil registry office during the pregnancy of the mother.

Refusal to establish paternity may be appealed in court by the person who acknowledges himself as the father of the child.

Article 62. Establishment of paternity through judicial procedure

In the event of birth of a child by parents who are not married to each other and in the absence of joint statement of the parents or statement of the father of the child, in cases specified in Article 61 of the present Code, paternity may be established through a judicial procedure.

The establishment of paternity through judicial procedure shall be performed upon the application of one of the parents or the guardian (custodian) of the child or the person who's dependent the child is, as well as upon the statement of the child upon his/her reaching majority age.

When establishing paternity, the court shall take into account the cohabitation and maintenance of a common household by the mother of the child and the defendant before the birth of the child, or their joint upbringing or maintenance of the child, or other evidence explicitly confirming the defendant's acknowledgement of paternity.

In the event of the death of a person who was not married to the child's mother but had claimed to be the father, paternity may be established by the court.

Upon entry into legal force of the decision to establish paternity, a copy of the decision shall be sent by the court to the civil registry office at the place of registration of the birth of the child.

Article 63. Challenging paternity (maternity)

The birth record in the book of births shall be a proof of the child's origin from parents indicated therein.

A person recorded as the child's father or mother shall be entitled to challenge the entry in court within one year from the time when he/she became or should have become aware of the entry made. If, by that time, the person recorded as the father or the mother was a minor, the one-year term shall be calculated from the time when he/she reaches the age of eighteen.

Article 64. Rights and duties of children born to persons who are not married to each other

Where establishing the paternity in the manner provided for in Articles 61 and 62 of this Code, children shall have the same rights and duties with respect to their parents and their relatives as children born to persons who are married to each other.

SECTION IV. RIGHTS AND DUTIES OF PARENTS AND MINOR CHILDREN

Chapter 11. Personal non-property rights of minor children

Article 65. The right of the child to live and be brought up in a family

Every child shall have the right to live and be brought up in a family, the right to know his/her parents, the right to their care, the right to live with them, except in cases where this contradicts to his/her interests.

The child shall have the right to be brought up by his/her parents; have his/her interests protected; develop fully; and be treated with respect for his/her human dignity.

In the absence of parents, deprivation of parental rights, and in other cases of loss of parental care, the right of the child to be brought up in a family shall be ensured by the guardianship and trusteeship body.

Article 66. Right of the child to communicate with parents and other relatives

A child shall have the right to communicate with both parents, grandparents, brothers, sisters, and other relatives. The parents' divorce, annulment of marriage, or separate stay shall not affect the rights of the child.

If the parents live separately, the child shall have the right to communicate with each of them. The child shall also have the right to communicate with his/her parents if they live in different states.

A child who is in an extreme situation (detention, arrest, imprisonment, being in a medical institution, etc.) shall have the right to communicate with his/her parents and other relatives in line with procedure established by legislation.

Article 67. Right of the child to the protection

A child shall have the right to the protection of his/her rights and legitimate interests.

The protection of the rights and legitimate interests of the child shall be exercised by the parents (their substitutes), while in cases provided for in the present Code - by the guardianship and trusteeship body, the prosecutor, and the court.

A minor who is recognized pursuant to the law as fully capable before reaching the age of majority shall have the right to independently exercise his/her rights and duties, including the right to protection.

A child shall have the right to the protection from abuse by his/her parents (or surrogate parents).

In the event of violation of the rights and legitimate interests of the child, including when one or both parents fail to perform their duties in relation to the upbringing and education of the child or abuse their parental rights, the child shall be entitled to apply independently to the guardianship and trusteeship body for their protection and - upon reaching the age of fourteen - to the court.

Persons who became aware of a threat to a child's life or health or of a violation of a child's rights and legitimate interests shall be obliged to report it to the guardianship and trusteeship body at the place of actual location of the child. Upon receiving such information, the guardianship and trusteeship body shall be obliged to take the necessary measures to protect the rights and legitimate interests of the child.

Article 68. Right of the child to express his/her opinion

The child shall have the right to express his/her opinion in the resolution of any issue in the family, which affects his/her interests, and to be heard in any judicial or administrative proceedings. Hereby, the bodies and officials authorized to make decisions - when resolving issues affecting the interests of the child - shall consider the child's opinion regardless of his/her age and make decisions based on the best interests of the child.

Article 69. Right of a child to the first name, patronymic, and surname

A child shall have the right to the first name, patronymic, and surname.

The child's first name shall be given by agreement between the parents, and the patronymic shall be given by the father's first name.

The child's surname shall be determined by the parents' surname. If the parents have different surnames, the child shall have the father's or the mother's surname by parental agreement. Should the parents so wish, the child may be given a surname derived from the paternal or maternal first name according to ethnic traditions. In the absence of an agreement between the parents regarding the child's first name and (or) surname, the dispute shall be resolved the guardianship and trusteeship body.

Article 70. Change of a child's first name and surname

At the joint request of the parents before the child reaches the age of sixteen, the civil registry office shall be entitled - in the interests of the child - to change the child's first name, as well as change the surname assigned to the child to the surname of the other parent.

If parents live separately and the parent with whom the child lives wishes to give the child his/her surname, the guardianship and trusteeship body shall resolve the issue in accordance with the child's best interests and considering the opinion of the other parent. Consideration of the opinion of the parent shall not be required where it is impossible to locate him/her, where he/she has been deprived of parental rights, where he/she has been declared legally incapable, or where the parent refuses without valid reason to raise and support the child.

If a child is born to parents who are not married to each other and legal paternity has not been established, the guardianship and trusteeship body may - in the interests of the child - change the child's surname to the surname of the mother that she has at the time the request is made.

The first name or surname of a child who has attained the age of ten years may be changed only with his/her consent.

Chapter 12. Personal non-property rights and duties of parents

Article 71. Equality of rights and duties of parents

Parents shall have equal rights and bear equal duties with regard to their children (parental rights). Parental rights stipulated by this Chapter shall cease when children reach the age of eighteen (majority), as well as when underage children get married and in other cases stipulated by law when children acquire full legal capacity before they reach the age of majority.

Article 72. Rights of minor parents

Minor parents shall have the right to live together with their child and to participate in his/her upbringing.

Minor parents who are not married, shall have the right to exercise parental rights independently upon reaching the age of sixteen, if they have a child and if their maternity and (or) paternity is established. Until the minor parents reach the age of sixteen, a guardian may be appointed for the child, who will exercise his/her upbringing jointly with the child's minor parents. Disagreements arising between the child's guardian and the minor parents shall be resolved by the guardianship and trusteeship body.

Minor parents shall have the right to acknowledge and contest their paternity and maternity on general grounds.

Article 73. Parents' rights and duties in upbringing and educating their children

Parents shall have the right and shall be obliged to bring up their children.

Parents shall bear liability for the upbringing and development of their children. They shall be obliged to take care of the health, physical, mental, spiritual, and moral development of their children.

Parents shall have a preferential right over all other persons to bring up their children.

Parents shall be obliged to ensure receiving by their children the necessary level of education, established by legislation.

Article 74. Parents' rights and duties on protecting the rights and interests of children

The protection of children's rights and interests shall rest with their parents.

Parents shall act as the legal representatives of their children and act to protect their rights and interests in relations with any physical or legal persons, including in the courts, without special authority.

Parents shall not have the right to represent their children's interests if it is established by a guardianship and trusteeship body that there is a conflict between the interests of the parents and those of the children. In cases of disagreements between the parents and the children, the guardianship and trusteeship body shall be obliged to appoint a representative to protect the rights and interests of the children.

Article 75. Exercise of parental rights

Parental rights may not be exercised in conflict with the interests of the children. Ensuring the interests of children should be for their parents the main subject to concern.

In exercising parental rights, parents may not harm children's physical and mental health or their moral development. The methods of upbringing the children shall exclude their negligent, cruel, inhuman, or degrading treatment, abuse or exploitation.

Parents who exercise parental rights to the detriment of children's rights and interests shall be liable in the manner established by law.

All issues relating to the upbringing and education of children shall be resolved by the parents by mutual consent on the basis of the children's interests and taking into account the children's opinion. In case of a disagreement between the parents (or one of them), they shall have the right to apply to the guardianship and trusteeship body or to the courts for the resolution of these disagreements.

In the event of a separated living of the parents, the place of residence of the children shall be established by agreement between the parents. If there is no agreement, the dispute between the parents shall be resolved by the court in the interests of the children, taking into account the children's opinion. Hereby, the court shall take into account the attachment of the child to each parent and his/her brothers and sisters, the age of the child, the parents' moral and other personal qualities, the relations existing between each parent and the child, and the parent's ability to provide the child with the necessary conditions for upbringing and development (parents' occupation, parents' work schedule, parents' financial and family situation, etc.).

Article 76. Exercise of parental rights by the parent living separately from the child

The parent living separately from the child shall have the right to communicate with the child, participate in his/her upbringing, and address the issues of the child's education.

The parent with whom a child is living shall not impede communication between the child and the other parent, provided that such communication does not harm the child's physical or mental health or moral development.

The parents are entitled to conclude a written agreement on the procedure for exercising the parental rights of the father (mother) who lives separately from the child. A dispute in this regard may be resolved through mediation proceedings before applying to the court based on the demand of the parents (or one of them).

If the parents cannot reach an agreement, the dispute shall be resolved by the court at the request of the parents (or one of them) with the participation of the guardianship and curatorship body. In the event of non-compliance with the court decision, measures provided for by legislation shall be applied to the guilty parent. In the event of deliberate non-compliance with the court decision, the court may render a decision on awarding the child to the father (mother) who lives separately from the child, based on their request and taking into account the interests and opinion of the child.

A parent living separately from his/her child shall have the right to obtain information about his/her child from educational, treatment, social-welfare, and other similar institutions. Provision of the information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be appealed in court.

Article 77. The right of grandparents, brothers, sisters, and other close relatives to communicate with the child

Grandparents, brothers, sisters, and other close relatives shall have the right to communicate with the child.

If the parents (or one of them) refuse to allow the child's close relatives to communicate with the child, the guardianship and trusteeship body may oblige the parents (or one of them) not to impede this communication.

If the parents (one of them) do not comply with the decision of the guardianship and trusteeship body, the child's close relatives or the guardianship and trusteeship body shall be entitled to apply to court with a claim to remove the obstacles hindering communication with the child. The court shall resolve the dispute on the basis of the interests of the child and taking into account the opinion of the child.

In case of failure to comply with the court decision, the offending parent shall be subject to the measures provided for by legislation.

Article 78. Protection of parental rights

Parents shall have the right to demand the return of their child from any person who holds him/her in violation of the law. In the event of a dispute, the parents may apply to the court for protection of their rights. When considering these claims, the court may - taking into account the child's opinion - dismiss the parents' claim if it concludes that the child's surrender to his/her parents is not in concord with the child's interest.

If the court finds that neither the parents nor the person who has the child are capable of ensuring the child's proper upbringing and development, the court shall place the child into the care of the guardianship and trusteeship body.

Article 79. Deprivation of parental rights

Parents (or one of them) may be deprived of parental rights if they:

Avoid performing their duties, including in evading alimony payments;

Refuse, without good cause, to take their child from a maternity home (ward) or any other treatment facility, educational institution, social welfare institution, or other similar institutions;

Abuse their parental rights or abuse their children, including practicing physical or psychological violence against them;

Have chronic alcoholism or drug addiction diseases;

Have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Article 80. Procedure for the deprivation of parental rights

Deprivation of parental rights shall be exercised through judicial procedure.

Cases of deprivation of parental rights shall be considered upon the suit of one of the parents (or their substitutes), the prosecutor, as well as upon the suit of bodies or institutions charged with protecting the rights of minor children (guardianship and trusteeship bodies, commissions on children's issues, institutions for orphans and children left without parental care, etc.).

Cases of deprivation of parental rights shall be considered with the participation of the prosecutor and the guardianship and trusteeship body.

When considering cases of deprivation of parental rights, the court shall decide the issue of recovery of child support alimony from the parents (or one of them) deprived of parental rights.

If the court finds - when considering the case of deprivation of parental rights - the signs of a criminal offence in the actions of the parents (or one of them), it shall be obliged to notify the prosecutor thereof.

The court shall be obliged to send within three days from the day the court decision on the deprivation of parental rights enters into legal force an extract from the court decision to the civil registry office at the place of the state registration of the birth of the child.

Article 81. Implications of the deprivation of parental rights

Parents deprived of parental rights shall lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him/her, as well as the right to benefits and allowances established by law for citizens with children.

Deprivation of parental rights shall not exempt the parents from the duty to support their child.

The issue of further cohabitation of the child and the parents (or one of them), deprived of parental rights shall be considered by court in line with the procedure established by the housing legislation.

A child in respect of whom the parents (or one of them) are deprived of parental rights shall retain the right of ownership of the living premises or the right to use the living premises, and shall also retain property rights based on the fact of kinship with the parents and other relatives, including the right to inherit, if the child is not adopted.

In the event of impossibility to transfer the child to the other parent or if both parents are deprived of parental rights, the child shall be transferred into the custody of the guardianship and trusteeship body.

Adoption of the child if the parents (or one of them) are deprived of parental rights shall be allowed not earlier than six months from the date of the court decision to deprive the parents (or one of them) of parental rights.

Article 82. Restoration of parental rights

Parents (or one of them) may be restored in parental rights in cases where they have changed their behaviour, way of life and (or) attitude to the upbringing of the child.

The restoration of the parental rights shall be exercised in the judicial order upon the suit of the parents (or one of them), deprived of the parental rights. Cases of the restoration of parental rights shall be considered with the participation of the guardianship and trusteeship body and the prosecutor.

Simultaneously with the suit by the parents (or one of them) claim for the restoration of parental rights, a claim for the return of the child to the parents (or one of them) may be considered.

By taking into account the child's opinion, the court may refuse to satisfy the suit by the parents (or one of them) for the restoration of parental rights, if the restoration of parental rights contradicts with the child's interests.

The restoration of parental rights in respect of a child who has reached the age of ten years shall be possible only with his/her consent.

Restoration of parental rights shall not be allowed if the child is adopted and the adoption has not been cancelled.

Article 83. Restriction of parental rights

By taking into account the interests of the child, the court may decide to take the child away from the parents (or from one of them) without depriving them of their parental rights (restriction of parental rights).

Restriction of parental rights shall be allowed, if leaving the child with the parents (or one of them) is dangerous for the child due to the circumstances beyond the control of the parents (or one of them) (mental disorder or other chronic disease, concurrence of heavy circumstances, etc.).

Restriction of parental rights shall also be allowed in cases where leaving the child with the parents (or one of them) is dangerous for the child due to their behaviour, but no sufficient grounds for depriving the parents (or one of them) of parental rights are established. If the parents (or one of them) do not change their behaviour, the guardianship and trusteeship body shall - upon expiry of six months after the court ruling on the restriction of parental rights - bring an action for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship body shall have the right to bring an action to deprive the parents (or one of them) of parental rights before this period expires.

An action for restriction of parental rights may be brought by the child's close relatives, bodies and institutions charged by law with the protection of the rights of minor children, preschool educational organizations, general educational institutions, and other institutions, as well as the prosecutor.

Cases of restriction of parental rights shall be considered with the participation of the prosecutor and the guardianship and trusteeship body.

When considering cases of restriction of parental rights, the court shall decide the issue of recovery of child support alimony from the parents (or one of them).

Article 84. Implications of the restriction of parental rights

Parents whose parental rights are restricted by the court shall lose the right to personal upbringing of the child, as well as the right to the benefits and allowances established by law for citizens with children.

Restriction of parental rights shall not exempt the parents from the duty to support the child.

A child in respect of whom the parents (or one of them) are restricted of parental rights shall retain the right of ownership of the living premises or the right to use the living premises, and shall also retain property rights based on the fact of kinship with the parents and other relatives, including the right to inherit.

If the parental rights of both parents are restricted, the child shall be placed in the guardianship and trusteeship body's custody.

Article 85. Child's communication with parents whose parental rights are restricted by a court

Parents whose parental rights are restricted by a court may be allowed to communicate with their child, provided it does not have a harmful effect on the child. Such communication shall be allowed with the consent of the guardianship and trusteeship body, the child's guardian (custodian), adoptive parents, or the administration of the institution where the child is placed.

Article 86. Cancellation of the restriction of parental rights

If the grounds on which the parents (or one of them) were restricted in parental rights disappear, the court may - at the claim of the parents (or one of them) - decide to return the child to the parents (or one of them) and to cancel the restrictions provided for in Article 83 of the present Code.

The court may - taking into account the child's opinion - refuse to satisfy the claim if the return of the child to the parents (or one of them) is contrary to the child's interests.

Article 87. Removal of the child in the presence of a direct threat to the child's life or health

Where there is a direct threat to the child's life or health, the guardianship and trusteeship body may immediately remove a child from the parents (or one of them) or from other persons in whose custody the child is. The immediate removal of a child shall be carried out on the basis of an appropriate act of a citizens' self-governance body.

While removing the child, the guardianship and trusteeship body shall be obliged to immediately notify the prosecutor, provide temporary accommodation for the child and apply - within seven days after the citizens' self-government body has issued an act on removal of the child - to a court with a claim for depriving the parents of parental rights or for restricting their parental rights.

Article 88. Participation of the guardianship and trusteeship body in court hearings of disputes related to upbringing of children

When the court considers disputes, related to upbringing of children, the guardianship and trusteeship body shall be involved in the proceedings, regardless of who is bringing the action in defence of the child.

The guardianship and trusteeship body must inspect the living conditions of the child and the person(s) claiming to bring him/her up and submit to the court an inspection report and an opinion on the merits of the dispute based on the inspection report.

Article 89. Execution of court decisions on cases related to the upbringing of children

Execution of court decisions on cases related to the upbringing of children shall be carried out by a state executor in the manner established by legislation.

If a parent (or other person in whose custody the child is) interferes with the execution of a court order, he/she shall be subject to the measures provided for by legislation.

Forced execution of decisions related to the removal of a child and the transfer of the child to another person(s) shall be carried out with the mandatory participation of the guardianship and trusteeship body and the person(s) to whom the child is transferred, and, where necessary, with the participation of a representative of the Internal Affairs body.

In case of impossibility to execute the court decision on the transfer of the child without prejudice to his/her interests, the child may be temporarily placed by court ruling in an educational institution, a treatment institution, a social welfare institution, or other similar institution.

Chapter 13. Property rights and duties of parents and children

Article 90. Proprietary legal relations between parents and children in the family

While the parents are alive, children shall not have the right to be owners of their property.

Parents also shall not have the right to be owners of the property of minors.

The parents' and children's ownership of common property shall be determined by the Civil Code of the Republic of Uzbekistan.

Minors shall be entitled to maintenance from their parents and from other persons in the amount and according to the procedure stipulated by law. Means, pensions, and benefits received for the maintenance of minor children shall be at the disposal of the father or mother and shall be spent on the child's maintenance, upbringing, and education.

When exercising the power to dispose of the property of minors, the rules established by civil legislation shall apply.

Article 91. Separate property of parents and children

The property of parents and children may be separate and, when living together, they may possess and use it with each other's consent.

Article 92. Common property of parents and children

In line with the procedure established by law, a right of common property may arise between parents and minor children who have attained the age of fourteen.

Parents and minor children may enter into an agreement to create common property.

The right of possession, use, and disposal of common property by parents and minor children shall be exercised in line with the procedure established by civil legislation.

Article 93. Private property of children in the family

Minor children may hold the right of private property in the manner established by law.

Property received by minor children as a gift or inheritance in the manner established by law, as well as property acquired through personal work and entrepreneurial activity shall be considered their private property.

Funds invested by minors in entrepreneurial activities and income derived therefrom shall be the private property of the minors, unless there is an agreement between the children and their parents or other family members specifying otherwise.

The belongings held in minors' personal use (clothing, footwear, tools and implements, school supplies, etc.) shall be considered their private property.

Article 94. Management and disposition of the private property of minor children

Parents, adoptive parents, guardians, and custodians shall manage and dispose of the private property of minor children in line with the procedure established by civil legislation.

Article 95. Resolution of property disputes between parents and children

Property disputes between parents and minor children shall be resolved in court on general grounds. The protection of the rights of minor children in such cases shall be carried out by the guardianship and trusteeship bodies.

SECTION V. ALIMONY OBLIGATIONS OF FAMILY MEMBERS AND OTHER PERSONS

Chapter 14. Alimony rights and duties of parents and children

Article 96. Duties of parents to keep their minor children

Parents shall be obliged to keep their minor children.

Parents who fail to perform the duty to keep their minor children voluntarily shall be subject to recovery of alimony by court decision or court order.

In cases where there is no agreement between the parents on payment of maintenance alimony or its payment is not performed on a voluntary basis with none of the parents having applied to court with a claim or petition for recovery of maintenance alimony, the guardianship and trusteeship bodies, as well as the child who has reached the age of fourteen shall have the right to bring a claim for alimony recovery from the father or mother for maintenance of minor children in the amount established by law.

In case of separate habitation of the parents and the child, the guardianship and trusteeship bodies, as well as the child who has reached the age of fourteen shall have the right to bring a claim for the simultaneous recovery of alimony for the maintenance of minor children from both father and mother.

Article 97. Equality of duties of parents to keep the children

Parents of minors shall have equal duties to pay alimony and to keep their minor children.

Parents shall have equal duties to keep their adult children who are incapable of working and are in need.

Article 98. Procedure for the payment of alimony by parents to minor children

Parents may establish by mutual agreement the procedure for the payment of alimony for the maintenance of their minor children.

The agreement between the parents on the procedure and form of payment of alimony for the maintenance of the minor children shall not contradict the rules established by law and the interests of the child.

Article 99. Amount of alimony due by parents to minor children

If there is no agreement between the parents on the maintenance of minor children, alimony for their maintenance shall be recovered by the court in the following amounts: for one child - one quarter; for two children - one third; for three or more children - half of the earnings and (or) other income of the parents per month. The amount of these payments may be reduced or increased by the court, taking into account the financial or family situation of the parties and other noteworthy circumstances.

The amount of recovered alimony for each child shall not be less than 26.5 percent of the statutory minimum wage.

Article 100. Payment of alimony by parents to adult children

Parents shall be obliged to keep their incapable adult children who are in need of assistance.

Provision of maintenance to incapable adult children in need of assistance shall be made by agreement between the parents. In the event of impossibility to reach agreement between the parents, the dispute shall be resolved through judicial procedure.

Article 101. Amount of alimony due by parents to adult children

The amount of alimony payable by parents to their adult children, incapable of working and in need of assistance shall be determined by court in a firm amount of money, taking into account the family and financial situation of the parents obliged to pay the alimony.

Article 102. Procedure for determining the amount of alimony recovered from parents to children

The amount of alimony to be recovered from parents to children may be established in shares to the monthly salary and (or) to other income or in a firm amount of money.

If parents, obliged to pay alimony have irregular and changing earnings and (or) other income or if they receive part of their income in kind, and also if recovery of alimony in shares to income is impossible or if parents have no officially determined earnings or income, alimony for support of minor children may be determined in firm amount of money to be paid monthly.

Article 103. Additional expenses for maintenance of children

Parents shall be obliged to participate in additional expenses for maintenance of children caused by exceptional circumstances (serious injury, illness, etc.).

The court may order the recovery of part of the additional expenses in a firm amount of money, taking into account the family and financial situation of the father or mother who evade the participation in the additional expenses.

Article 104. Income taken into account in the alimony recovery

Alimony shall be withheld from all types of income received in the territory of the Republic of Uzbekistan and abroad in cash or in kind.

Income received in foreign currency shall be taken into account according to the official rate of the Central Bank of the Republic of Uzbekistan on the date of alimony recovery in UZS.

Article 105. Reduction of the alimony amount or exemption from alimony payments

The court may reduce the amount of alimony, if the parents paying alimony have other minor children, who would be less financially secure than the children receiving the alimony if alimony were to be paid in the amount determined by law, as well as in cases when the parent from whom the alimony is paid is a person with a disability and is in a difficult financial situation, or if the alimony recipient has an independent income.

The court may decide to reduce the amount of alimony or to exempt from payment of the alimony if the minor child is fully supported by state or non-state institutions, taking into account the financial position of the alimony-paying parents.

In the failure of circumstances which served as a basis for reducing the amount of alimony or exemption from payment of alimony, the interested party may apply to court with a claim for recovery of alimony in the amount determined by law.

Article 106. Maintenance of children deprived of parental care

The maintenance, upbringing, and education of minor children orphaned by the death of their parents shall be fully provided for by the State.

Article 107. Recovery of alimony for children placed in children's institutions

When making a decision on the removal of a minor child from the parents and his/her placement in a child-fostering institution, the court shall recover an alimony from each of the parents in favour of that child in the amounts established by Article 99 of the present Code. Thus the collected alimony shall be accumulated in the bank account opened in the name of this child and shall be paid to him/her when he/she attains majority.

Article 108. Right of adult incapable children to claim maintenance

Incapable adult children in need shall have the right to claim maintenance from their parents, and if they are not available, from relatives and other persons referred to in the present Code. In such cases, the amount of alimony may be determined by the court as a payable in a firm amount of money, taking into account the financial and family situation of the person obliged to pay alimony.

Article 109. Duty of adult capable children to keep their parents

Adult capable children shall be obliged to support and take care of their parents who are incapable of working and in need of assistance.

Maintenance of parents in state or non-state institutions shall not exempt capable adult children from taking care of them and rendering them financial assistance.

Article 110. Amount and procedure for provision of maintenance for parents

Where capable adult children refuse to voluntarily provide financial support to their parents, the amount of maintenance shall be determined by court decision, taking into account the family and financial situation of the children.

Regardless of the parents' claim for maintenance for one or more children, the court shall consider all capable adult children when determining the amount of alimony.

The judge in a dispute over the recovery of alimony from capable adult children may make prior to its final resolution a determination specifying the temporary recovery of the necessary amount.

The amount of alimony recovered from capable adult children shall not be less than 11.75 percent of the statutory minimum wage.

Article 111. Additional expenses for maintenance of parents

The capable adult children shall be obliged to participate in the additional expenses of their parents incurred by them as a result of illness or other valid reasons.

In the event of capable adult children's failure to cover additional expenses voluntarily, the required amount may be recovered through judicial procedure.

Article 112. Recovery of alimony prior to the resolution of the dispute by court

The judge in a dispute over the recovery of alimony from the person registered on the child's birth certificate as the parent may make prior to its final resolution a determination on the temporary recovery of alimony from him/her in the amounts established by this Code.

Article 113. Exemption of children from the duty to keep their parents

Children may be exempted from the duty to keep their incapable parents in need if the court finds that the parents have evaded their parental duties.

Article 114. Execution of court decision on recovery of alimony

The court decision or court order on recovery of alimony shall be executed in accordance with the procedure established by legislation.

Article 115. Determination of amount of alimony, recovered by several court decisions

If the amount of alimony, recovered from one parent by several court decisions for minor children from different parents exceeds in total the amount of alimony, stipulated by Article 99 of present Code, the parent paying alimony may bring a claim on appropriate reduction of amount of alimony against each person, in whose favour the court decision or court order on collection of alimony was made.

Proceeding from the amount of alimony to be paid under all court decisions established by Article 99 of the present Code, the court shall determine the new amount of alimony in respective equal shares due for each of the children, in respect of which court decisions were made.

In the failure of circumstances which served as a basis for reducing the amount of alimony, the person receiving the alimony for minor children shall be entitled to apply to the court for recovery of alimony in the amount stipulated by Article 99 of present Code.

Article 116. Liability for evasion of alimony payment

Persons evading the execution of a court decision on the recovery of alimony for minor or adult incapable children in need may be deprived of parental rights in accordance with Article 79 of present Code or be held criminally liable.

Failure to comply with court orders to provide financial assistance to parents shall entail criminal liability.

Chapter 15. Alimony duties of spouses and former spouses

Article 117. Duties of spouses for mutual maintenance

Spouses shall be obliged to provide financial assistance to each other. In case of refusal to provide such assistance, the incapable spouse in need, as well as the wife during pregnancy and within three years from the day of birth of the common child, the incapable spouse who is taking care of the common child with a disability up to the age of eighteen years or the common child with a disability of Group I since childhood shall have the right to receive through judicial procedure maintenance (alimony) from the other spouse, if the latter is able to provide it.

Article 118. Right of former spouse for maintenance after dissolution of marriage

The following persons shall have the right to demand through judicial procedure alimony from the former spouse, who has the necessary means to do so:

A former wife during pregnancy and for a period of three years from the birth of a common child;

A former spouse in need who is caring for a common child with a disability until he/she reaches the age of eighteen years or for a common child with a disability of Group I since childhood;

An incapable former spouse in need who became incapable prior to dissolution of the marriage or within one year of the dissolution of the marriage;

Needy spouse who has reached retirement age no later than five years from the date of dissolution of marriage, if the spouses have been married for a long time.

The amount of alimony and the procedure for providing it to the former spouse after the dissolution of the marriage may be determined by agreement between the former spouses.

Article 119. Amount of alimony to be recovered from spouses (former spouses) through judicial procedure

In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony recoverable for the maintenance of a spouse (former spouse) through judicial procedure shall be determined by the court based on the financial and family situation of the spouses (former spouses) and other noteworthy interests of the parties in a firm amount of money to be paid monthly, but not less than 11.75% of the statutory minimum wage.

Article 120. Exemption of a spouse from the duty to keep the other spouse or limitation of this duty to a certain period of time

The court may exempt a spouse, at his or her request, from a duty to keep other spouse who is incapable and in need of help, or limit this duty to a specified period of time in the following cases:

If the spouses have been married for a short period of time;

If the marriage has been dissolved as a result of disruptive conduct of the spouse requiring payment for own maintenance;

If the incapability of the spouse requesting payment for own maintenance was the result of his/her abuse of alcohol, narcotic drugs, or psychotropic substances or the commission of an intentional crime.

Article 121. Termination of alimony rights of spouses

The right of a spouse to receive a maintenance from the other spouse shall be terminated if the conditions which served as a basis for receiving the maintenance in line with Articles 117 and 118 of present Code, as well as in case of entry of a needy incapable divorced spouse into a new marriage. In these cases, if the means for maintenance were collected by court order, the spouse obliged to pay them shall be entitled to apply to the court with the claim to exempt him/her from further payment of alimony.

Chapter 16. Alimony obligations of relatives and other persons

Article 122. Duty to keep minor and incapable adult persons

The duty to keep minors and incapable adults in need of assistance may be imposed by the court on their relatives, i.e. grandparents, grandchildren, brother, sister, as well as stepfather and stepmother, stepson and stepdaughter, persons in permanent upbringing, subject to presence of the conditions stipulated in Articles 123 — 128 of present Code.

Article 123. Duty of grandparents to keep their grandchildren

Grandparents with sufficient means may be obliged to keep their minor grandchildren, if the latter do not have parents or cannot obtain maintenance means from them. Such a duty may also be imposed on them with regard to incapable adult grandchildren in need of assistance, if the latter do not have parents, spouses (former spouses) and adult capable children, or cannot receive maintenance means from them.

Article 124. Duty of grandchildren to keep grandparents

Capable adult grandchildren with sufficient means may be imposed a duty to keep their incapable grandparents in need of assistance, if the latter cannot receive maintenance means from their adult capable children or spouses (former spouses).

Article 125. Duty of brothers and sisters to keep their minor or incapable adult brothers and sisters

Capable adult brothers and sisters with sufficient means may be imposed a duty to keep their minor brothers and sisters if the latter do not have parents or cannot obtain maintenance means from them. Such a duty may also be imposed on them with regard to incapable adult brothers and sisters in need of assistance, if the latter do not have parents, spouses (former spouses) and adult capable children, or cannot receive maintenance means from them.

Article 126. Duty of foster children to keep their actual caretakers

Persons who were in a permanent upbringing and maintenance may be imposed a duty to maintain the persons who actually raised them, if the latter are incapable, need assistance, and do not have spouses (former spouses) or adult capable children or cannot obtain maintenance means from them. Such a duty shall not be imposed on persons who have been under guardianship (trusteeship).

The court shall have the right to exempt foster children from the duty stipulated by this Article, if these persons have been in foster care and maintenance for less than five years.

Article 127. Duty of stepfather and stepmother to support stepchildren

A stepfather or stepmother may be imposed a duty to maintain minor stepchildren who are in their custody or maintenance, if the latter do not have parents or cannot obtain sufficient maintenance means from them. Such a duty may also be imposed on them with regard to incapable adult stepchildren in need of assistance, if the latter do not have parents, spouses (former spouses) or adult capable children, or cannot receive sufficient maintenance means from them.

Article 128. Duty of stepchildren to keep their stepfather and stepmother

Stepchildren may be imposed a duty to keep their incapable stepfather and stepmother in need of assistance, if the latter do not have parents, spouses (former spouses) or adult capable children, or cannot receive maintenance means from them.

The court shall be entitled to exempt a stepson and stepdaughter from the duty to maintain their stepfather and stepmother if the latter raised and maintained them for less than five years, and also if they performed their duties improperly.

Article 129. Amount of alimony recovered from relatives and other persons

The amount of alimony, recovered from relatives and other persons for the maintenance of minors, as well as incapable adult persons in need of assistance shall be determined by court in firm amount of money, paid monthly, based on financial and family situation of the person, from whom alimony is recovered, and that of the person receiving it.

In determining the amount of alimony, the persons obliged to pay alimony shall be taken into account, regardless of whether the claim is made to all of them or only to one or more of them.

Chapter 17. Agreement on payment of alimony

Article 130. Conclusion of an agreement on payment of alimony

Agreement on payment of alimony (amount, conditions, and procedure for payment of alimony) shall be concluded between the person obliged to pay alimony and its recipient. If the recipient of alimony is incapable, the agreement shall be concluded with his/her legal representative.

Article 131. Form of agreement on payment of alimony

The agreement on payment of alimony shall be concluded in writing and shall be subject to notarial certification.

Failure to comply with the form of the maintenance agreement established by law shall entail consequences provided for by the Civil Code of the Republic of Uzbekistan.

Notarized agreement on payment of alimony shall have the force of a writ of execution.

Article 132. Modification or dissolution of agreement on payment of alimony

The agreement on payment of alimony may be modified or dissolved at any time by mutual consent of the parties. Modification or dissolution of agreement on payment of alimony shall be made in the same form as the conclusion of the agreement on payment of alimony.

Unilateral refusal to execute the agreement on payment of alimony or unilateral modification of its terms and conditions shall not be allowed.

In case of significant changes in the financial or family situation of the parties and when they fail to agree to modify or terminate the agreement on payment of alimony, the interested party shall be entitled to apply to court to modify or dissolve the agreement. In deciding whether to modify or dissolve the agreement on payment of alimony, the court shall be entitled to take into account any noteworthy interest of the parties.

Article 133. The amount of alimony payable under an agreement on payment of alimony

The amount of alimony payable under an agreement on payment of alimony shall be determined by the parties in that agreement.

The amount of alimony established by an agreement on payment of alimony for minor children may not be less than the amount of alimony they would have received if they had been recovered in court.

Article 134. Methods and procedure for payment of alimony under an agreement

Methods and procedure for payment of alimony under an agreement on payment of alimony shall be determined by that agreement.

Alimony may be paid as follows: In shares to the earnings and (or) other income of the person obliged to pay alimony; in a firm amount of money paid periodically; in a firm amount of money paid in a lump sum; by providing property or in other ways regarding which an agreement is reached.

An agreement on payment of alimony may provide for a combination of different methods of payment of alimony.

Indexation of the amount of alimony payable under the agreement on payment of alimony shall be made in accordance with that agreement. If the agreement on payment of alimony does not provide for the indexation procedure, the indexation shall be carried out in accordance with Article 144 of present Code.

Chapter 18. Procedure for payment and recovery of alimony

Article 135. Voluntary payment of alimony

Alimony shall be paid voluntarily by the person obliged to pay alimony personally or at his/her application filed at his/her place of work or at the place where he/she receives a pension, allowance, scholarship, and other sums.

Alimony for minor children on application shall be withheld in the amounts provided for by Article 99 of present Code.

Alimony for maintenance of minor children may be paid in advance for the period until the child attains majority, including by provision of immovable or movable property or other valuable item.

The voluntary procedure for payment of alimony shall not exclude the right of the alimony recoverer to apply to the court at any time with a claim or application for the recovery of alimony.

Article 136. Recovery of alimony through judicial procedure

A person entitled to alimony shall have the right to apply to court with a claim for recovery of alimony at any time regardless of the period expired from the moment when the right to claim arose.

In the absence of a dispute, the specified person shall have the right to apply to the court with a statement for the recovery of alimony for minor children, which is considered in line with the procedure, adopted for writ proceedings.

Alimony shall be recovered from the date of application to the court.

Alimony for the past period may be recovered within a three-year period from the date of application to the court, if the court establishes that prior to the application to the court measures were taken to obtain maintenance means, but the alimony was not received due to evasion of the person obliged to pay the alimony from its payment.

Article 137. Duty of employer (administration of organization) to withhold alimony

The employer at the place of work of a person obliged to pay alimony, or the administration of the organization at the place where he/she receives a pension, allowance, scholarship shall be obliged - on the basis of a notarized agreement on payment of alimony or writ of execution - to withhold monthly alimony from the salary and (or) other income of the person obliged to pay alimony, and pay or transfer them at the expense of the person obliged to pay alimony to the person receiving alimony no later than three days from the date of payment of salary and (or) other income to the person obliged to pay alimony.

Article 138. Duty to inform about change of place of work, study, and residence of the person obliged to pay alimony

The employer (administration of organization), which made alimony deduction on the basis of court decision or notarized agreement on payment of alimony shall be obliged to inform - within three days - the state executor at the place of execution of decision on recovery of alimony and to the person receiving alimony about termination of labour contract with person obliged to pay alimony, and also about his/her new place of employment, study, or residence, if the above employer is aware thereof.

A person obliged to pay alimony shall inform - within the period specified in part 1 of this Article - the state executor and the person receiving alimony of a change of place of employment, study, or residence, as well as of additional earnings or other income.

In case of failure to provide within the established period information specified in parts 1 and 2 of this Article for invalid reasons, the officials guilty of this and the alimony payer shall be held liable in accordance with the procedure established by law.

Article 139. Recovery of alimony arrears

Recovery of alimony arrears shall be made from earnings and (or) other income of the person obliged to pay alimony. In the insufficiency of earnings and (or) other income, maintenance shall be withheld from the money in bank accounts or other credit organizations of the person obliged to pay alimony, as well as the from money transferred under contracts to commercial and non-commercial organizations, except for contracts involving transfer of ownership. If these means are insufficient, foreclosure shall be made on any property of the person obliged to pay alimony, which can be foreclosed by the law.

Foreclosure on money in the accounts of the person obliged to pay alimony and on his/her other property shall be performed in line with the procedure established the legislation.

Recovery of alimony arrears for the past period on the basis of a notarized agreement on payment of alimony or writ of execution shall be performed within three years prior to submission of the writ of execution or agreement on payment of alimony arrears for foreclosure.

In cases where alimony deduction on the basis of the writ of execution or notarized agreement on payment of alimony was not made through the fault of the person obliged to pay alimony, alimony recovery shall be made for the entire period irrespective of three-year term established by the part three of this Article.

Article 140. Determination of amount of alimony arrears

Amount of alimony arrears shall be determined by state executor based on amount of alimony, determined by court decision or notarized agreement on payment of alimony.

The amount of alimony arrears payable for minor children in accordance with Article 99 of present Code shall be determined on the basis of earnings and (or) other income of the person obliged to pay alimony for the period during which the collection of alimony was not made. In cases where the person obliged to pay alimony did not work during this period or if the documents confirming his/her earnings and (or) other income are not presented, the alimony arrear shall be determined on the basis of the average wage in the Republic of Uzbekistan at the time of collection of the arrear. If such determination of the arrear significantly violates the interests of one of the parties, the party whose interests are violated shall be entitled to appeal to the court. The court may determine the arrear in a firm amount of money based on the financial and family situation of the parties and other noteworthy circumstances.

Article 141. Exemption from payment of alimony arrears

Exemption from payment of alimony arrears or reduction of these arrears in the event of payment of alimony upon agreement of the parties shall be possible upon mutual agreement of the parties, except for cases of alimony payment for minor children.

By claim of the person, obliged to pay alimony, the court shall have the right to exempt him/her fully or partially from payment of alimony arrears, if it will establish that failure to pay alimony took place in connection with illness of this person or for other valid reasons and his/her financial and family situation does not allow to repay the arisen alimony arrear.

Article 142. Liability for late payment of alimony

When arrear has emerged through the fault of a person obliged to pay alimony under an agreement on payment of alimony, the guilty person shall bear responsibility according to the procedure stipulated by that agreement.

When arrear has emerged through the fault of a person obliged to pay alimony by the court decision, the guilty person shall pay to the alimony recipient a penalty equal to one-tenth of one percent of the unpaid alimony for each day of arrears.

Recipient of alimony shall also be entitled to recover from the person guilty of late payment of alimony all losses caused by delay in execution of alimony obligations in the part not covered by penalty.

Article 143. Inadmissibility of set-off and reverse recovery of alimony

Alimony may not be set off with other counterclaims.

The reverse recovery of alimony shall not be allowed except in the following cases:

Cancellation of the court's decision to recover alimony due to the alimony recipient's reporting of false information or submission of false documents;

Recognition of the agreement on payment of alimony as invalid due to its conclusion under the influence of fraud, threats, or violence on the part of the recipient of maintenance;

Establishment by court verdict of forgery of court decision, agreement on payment of alimony, or writ of execution, pursuant to which the alimony was being paid.

If the actions listed in part two of this Article are committed by the representative of a minor child or an adult incapable recipient of alimony, the reverse recovery of alimony shall not be made, and the amounts of paid alimony shall be recovered from the guilty representative on the claim of the person obliged to pay alimony.

Article 144. Alimony indexation

Indexation of alimony, recovered by a court decision in a firm amount of money shall be made at the place of alimony deduction in proportion to the increase in the statutory minimum wage.

For the purpose of indexation, the amount of alimony shall be set by the court in a firm amount of money corresponding to a certain part of the statutory minimum wage.

Article 145. Payment of alimony when a person obliged to pay alimony departs to a foreign country

The person departing to a foreign country for permanent residence or for more than three months shall be obliged to conclude with alimony recipients - to whom he/she is obliged by law to provide maintenance - an agreement on payment of alimony in accordance with Articles 130 — 134 of the present Code.

Upon failure to reach an agreement on payment of alimony, the person concerned shall be entitled to apply to court with the claim to determine the amount of alimony in a firm amount of money and on lump sum payment of alimony or provision of certain property on account of alimony or payment of alimony in any other way.

In case of advance payment of alimony for the maintenance of minor children or conclusion of a pledge agreement to secure the commitment to pay alimony, the person shall be exempted from the obligation to conclude an agreement on payment of alimony.

The procedure for advance payment of alimony, as well as the conclusion of a pledge agreement to secure the commitment to pay alimony shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 146. Changing the amount of alimony or exemption from its payment

If the financial or family situation of one of the parties has changed after the amount of alimony has been established in court, the court shall be entitled to change at the request of either party the established amount of alimony or exempt the person obliged to pay alimony from its payment. When changing the amount of alimony or exempting from its payment, the court shall also be entitled to take into account other noteworthy interests of the parties.

Article 147. Termination of alimony obligations

Alimony obligations established by an agreement on payment of alimony shall terminate by death of one of the parties, expiration of the term of that agreement or on the grounds stipulated by that agreement.

Payment of judicially imposed alimony shall cease upon as follows:

Upon the child's attainment of majority or if minor children acquire full legal capacity before they attain majority;

Upon the adoption of the child for whose maintenance alimony have been recovered;

In case if court recognizes the restoration of capability or termination of alimony recipient's need for support;

In the entry into a new marriage of an incapable former spouse in need of assistance - the recipient of alimony;

Death of the person receiving alimony or the person obliged to pay alimony.

SECTION VI. FORMS OF PLACEMENT OF CHILDREN LEFT WITHOUT PARENTAL CARE

Chapter 19. Detection and placement of children left without parental care

Article 148. The protection of the rights and interests of children left without parental care

Protection of the rights and interests of children in cases of the death of parents, deprivation of parental rights, restriction of parental rights, recognition of parents as incapable, illness of parents, long-term absence of parents, evasion of parents from bringing up children or from protecting their rights and interests, including refusal of parents to take their children from educational institutions, medical institutions, social protection institutions, and other similar institutions, as well as in other cases of lack of parental care shall be the responsibility of guardianship and trusteeship authorities.

Article 149. Detection and registration of children left without parental care

The guardianship and trusteeship bodies shall identify children left without parental care, keep records of such children and, proceeding from specific circumstances of loss of parental guardianship, select forms of placement for children left without parental care, as well as conduct follow-up monitoring of the conditions of their maintenance, upbringing, and education.

The activity of legal and physical persons other than guardianship and trusteeship bodies in identifying and placing children left without parental care shall not be permitted.

Officials of organizations (preschool educational organizations, general educational institutions, medical institutions, and other institutions), citizens' self-government bodies, and other citizens shall be obliged to report - within seven days of learning that children have been left without parental care - thereof to the guardianship and trusteeship bodies in the place of actual location of the children. The guardianship and trusteeship body shall be obliged to conduct - within three days of receiving such information - an examination of the child's living conditions and, in the event of establishment of the lack of custody by the parents or their relatives, shall ensure the protection of the child's rights and interests until the issue of placement is resolved.

The heads of institutions and the officials of the bodies mentioned in part three of this Article shall be held liable in accordance with the procedure established by law for failure to provide the guardianship and trusteeship body with information about children left without parental care, as well as for violation of legal requirements for the placement of such children.

Article 150. Placement of children left without parental care

Children left without parental care shall be placed with a family for upbringing (for adoption, foster care, guardianship, trusteeship, or foster family), or, in the absence of such a possibility - in an institution for orphans or children left without parental care (educational institutions, medical institutions, social welfare institutions, and other similar institutions).

Prior to placing children left without parental care with a family for upbringing or in the institutions referred to in part 1 of this Article, the performance of the duties of a guardian (custodian) of children shall be temporarily entrusted to guardianship and trusteeship bodies.

Chapter 20. Adoption*

* hereinafter - adoption.

Article 151. Adoption

Adoption shall be allowed only with respect to minor children and only in their interests.

Adoption shall be effected by the court upon the application of the persons (a person) wishing to adopt a child, taking into account the opinion of the guardianship and trusteeship bodies on the substantiation and conformity of the adoption to the interests of the child being adopted.

Cases relating to adoption shall be considered by the courts by means of special proceedings according to the rules established by the Civil Procedure Code of the Republic of Uzbekistan, with the participation of the adoptive parents (adoptive parent) and representatives of the guardianship and trusteeship bodies, as well as the prosecutor.

Adoption of brothers and sisters by different persons shall not be allowed, except in cases where the adoption is in the interests of the children.

Article 152. Persons eligible to be adoptive parents

Adoptive parents may be adult citizens of either sex, with the exception of the following persons:

Persons deprived of parental rights or restricted in parental rights;

Persons declared incapable or partially capable in line with the procedure established by law;

Persons registered with psychiatric or narcological institutions;

Former adoptive parents if the adoption was annulled on the grounds specified in part 1 of Article 169 of the present Code;

previously convicted of committing crimes against life, health, crimes dangerous to life or health, crimes against sexual freedom, against family, youth and morality, against freedom, honor and dignity of the individual (with the exception of slander, insults), against the constitutional rights and freedoms of citizens (with the exception of violations of the law on appeals of individuals and legal entities, violations of copyright or inventive rights), against the peace and security of mankind, against the Republic of Uzbekistan, crimes related to the theft of other people's property, acquisition or sale of property obtained by criminal means, commercial bribery or bribery of an employee of a non-governmental commercial or other non-governmental organization, crimes against the order of administration, as well as justice, the use of torture and other cruel, inhuman or degrading treatment and punishment, crimes against public safety (except for illegal importation, sale, acquisition, storage or the use of unmanned aerial vehicles, dissemination of false information about the spread of quarantine and other infections dangerous to humans, violations of the order of storage and use of unmanned aerial vehicles, violations of safety rules in carrying out research activities, violations of labor protection rules, violations of sanitary legislation or rules for combating epidemics, violations of safety rules for mining, construction or explosive work, fire safety rules), crimes constituting the illicit trafficking of narcotic drugs or psychotropic substances, crimes against public order and military official crimes;

previously convicted of committing grave and especially grave crimes, not related to the crimes specified in paragraph six of part one of this article;

in respect of which criminal cases for the commission of crimes specified in paragraphs six and seven of part one of this article have been terminated without resolving the issue of guilt;

suffering from diseases that prevent adoption. The list of these diseases is approved by the Cabinet of Ministers of the Republic of Uzbekistan.

The age difference between adoptive parents and adopted children should not be less than fifteen years, except in cases of adoption by stepfather and stepmother or close relatives of the adopted.

Article 153. Secrecy of adoption

The secrecy of adoption shall be protected by law.

Familiarization with the content of civil status registration books or other documents, or issuance of extracts or other information from them, from which it would appear that the adoptive parents are not the parents of the adopted child shall be forbidden without the consent of the adoptive parents or, in the event of their death, without the consent of the guardianship and trusteeship body.

Persons disclosed the secret of an adoption against the will of the adoptive parent or a guardianship and trusteeship body shall bear the liability established by law.

Article 154. Persons with priority right to adoption

The priority right to adoption shall be given to the following persons:

Relatives of the person to be adopted, regardless of their place of residence;

Person in whose family the person to be adopted lives;

Persons adopting brothers and sisters without severing the family ties between them;

Stepfather and stepmother;

Citizens of the Republic of Uzbekistan;

Persons who have lost children as a result of illness or accident.

Article 155. Consent of the adopted child for adoption

The consent of the child who has reached the age of ten years shall be required for adoption.

The consent of the child to adoption shall be revealed by the guardianship and trusteeship bodies or by the court when considering the adoption case.

Article 156. Adoption without consent of the adoptee

If a child is brought up in the family of adopting parents and recognizes them as his/her parents, adoption may be carried out without the consent of the adoptee.

Article 157. Consent of the adoptive parent's spouse to the adoption of a child

When one spouse adopts a child, the consent of the other spouse to the adoption shall be required, unless the child is adopted by both spouses.

Spousal consent to adopt a child shall not be required if the spouses have terminated the marital relationship, have not lived together for more than a year, and the other spouse's place of residence is unknown.

Article 158. Adoption of a child under guardianship or trusteeship

If a child is under guardianship or custody and no parental consent is required for adoption, the adoption shall take place with the consent of the guardian or custodian.

Article 159. Parental consent to adoption

The adoption of a child shall require the consent of the parents of the person to be adopted.

Parents may consent to the adoption of a child by certain person(s), or they may consent to the adoption by leaving the choice of adoptive parents to the guardianship and trusteeship body.

The parents' consent to adoption must be expressed in an application notarized or certified by the head of the institution where the child left without parental care is located, or by the guardianship and guardianship authority at the place of adoption or registration at the place of permanent residence or temporary stay of the parents, and can also be expressed directly in court during adoption.

Parents shall be entitled to withdraw the consent they have given to the adoption of a child before the court rules on the adoption.

Article 160. Adoption without parental consent

Adoption without parental consent shall be effected if the parents are:

unknown;

deprived of parental rights;

recognized incapable, missing, or declared dead;

have not visited the child in children's or medical institutions for more than a year without a valid reason.

Article 161. Adoption of children who are being brought up and maintained in state children's institutions

In cases where parental consent is not required, the adoption of children who are being brought up and maintained in state children's institutions shall take place with the consent of the administration of that institution.

Article 1611. Adoption by citizens of the Republic of Uzbekistan of a child who is a foreign citizen or stateless person permanently residing in the territory of another State

The adoption by citizens of the Republic of Uzbekistan of a child who is a foreign citizen or stateless person permanently residing in the territory of another State shall take place in accordance with the procedure established by the law of the State where the child is permanently residing, when the adopted child is an orphan or a close relative of the adopters or adopter or when adoption in the home country is impossible for various reasons.

The adoption by citizens of the Republic of Uzbekistan of a child who is a foreign citizen or stateless person permanently residing in the territory of another State shall require permission from the competent authority of the Republic of Uzbekistan for the adopting child to enter and reside permanently in the territory of the Republic of Uzbekistan.

Article 162. Readoption

Readoption of a child shall be possible only after the court has cancelled the initial adoption decision.

Article 164. Introducing changes in the book of birth records in case of adoption

The necessary changes to the book of birth records of an adopted person shall be made by the civil registry authorities within ten days from the day of entry of the court decision on adoption into legal force.

Adoptive parents shall be recorded as the child's parents in the child's birth record book, if this is indicated in the court decision.

Where necessary, not only the child's surname, first name, and patronymic shall be changed, but also the date of child's birth, but not for more than one year. If the child is not more than 10 years old, the child's place of birth within the Republic of Uzbekistan may also be changed.

Article 165. Legal implications of adoption

Adopted children shall be treated equally in all personal and property rights to the adoptive parent's own children.

Adopted children and their parents (relatives of the parents) lose their personal and property rights and duties with respect to each other.

In the interests of the child, personal non-property and property rights and duties of the child may be retained upon the request of the mother, if the adopter is a man, or upon the request of the father, if the adopter is a woman.

If one of the parents of the child to be adopted has died, then at the request of the deceased parent's parents (grandfather or grandmother) the personal non-property and property rights and duties of the child with respect to the deceased parent's relatives may be retained, if the interests of the child so require.

Article 166. Retention of survivor's pension or allowance upon adoption

Minors who, at the time of adoption, are entitled to a survivor's pension or allowance shall also retain that right upon adoption.

Article 167. Time of occurrence of adoption

The time of occurrence of an adoption shall be the day on which the necessary changes are made in the book of birth records of the adopted child.

Article 169. Grounds for the annulment of adoption

Adoption shall be subject to annulment if the adoptive parents:

evade their duties or fail to perform them properly;

abuse their parental rights;

are abusive to the adopted children;

are chronic alcoholics or drug addicts.

Annulment of adoption upon the adoptee's attaining of majority shall be allowed if the adoptee's behaviour affects the honour and dignity of the adoptive parents or threatens their lives or health.

The court shall be entitled to also cancel the adoption of a child on other grounds in the interests of the child, taking into account the child's opinion.

Article 170. Persons entitled to request annulment of adoption

The right to demand the annulment of a child's adoption through judicial procedure shall be held by his/her parents, the prosecutor, guardianship and trusteeship bodies, commissions on children's issues, as well as by an adopted child who has reached the age of sixteen.

Article 171. Procedure for the annulment of adoption

The adoption annulment shall only be admitted through a judicial procedure. In resolving cases of annulment of adoption, the opinion of a child who has reached the age of ten shall be taken into account.

The court shall be obliged to send within three days from the day the court decision on the annulment of adoption enters into legal force an extract from that decision to the civil registry office at the place of registration of the birth of the adopted child.

Article 172. Implications of the annulment of adoption

When an adoption is annulled, the mutual rights and duties of the adopted child and the adoptive parents (relatives of the adoptive parents) shall cease and the mutual rights and duties of the child and his/her parents (relatives of the parents) shall be restored.

When an adoption is annulled, the child shall be transferred to his/her parents by court order.

In the absence of the parents, and if the transfer of the child to his/her parents is contrary to the child's interests, the child shall be placed into the custody of the guardianship and trusteeship bodies.

The court decision shall state whether or not the surname, first name, and patronymic of the adopted child shall retain.

Change of the surname, name, patronymic of a child who has reached the age of ten years shall be possible only with his/her consent.

Chapter 21. Guardianship and trusteeship

Article 173. Purpose of the guardianship and trusteeship

Guardianship shall be established over orphans and children left without parental care, who have not attained the age of fourteen, as well as citizens who have been recognized by a court as legally incapable, for the purpose of their maintenance, upbringing and education, protection of their property and personal non-property rights and legitimate interests.

Trusteeship shall be established over orphans and children left without parental care, at the age of fourteen to eighteen years, as well as citizens, restricted by the court of legal capacity, for the purpose of their maintenance, upbringing and education, protection of their property and personal non-property rights and legitimate interests. Guardianship over adult, legally capable citizens, who cannot independently exercise their rights and perform their duties for health reasons may be established at the request of these persons.

Article 174. Establishing guardianship and trusteeship

Guardianship and trusteeship shall be established by a decision of the khokim of the district or city.

Guardianship or guardianship is established at the place of registration at the place of permanent residence or temporary stay of the person in need of establishing guardianship or guardianship over him, and if the person does not have a specific place of residence — at the place of registration at the place of permanent residence or temporary stay of the guardian or trustee.

Article 175. Legal regulation of relations in the area of guardianship and trusteeship

Legal relations arising in connection with the establishment and termination of guardianship and trusteeship, the exercise of the powers of state bodies in the area of guardianship and trusteeship, the exercise of the rights and performance of the duties of guardians and custodians, and the exercise and protection of the property rights of persons in respect of whom guardianship and trusteeship is established shall be regulated by the Law of the Republic of Uzbekistan "On Guardianship and Trusteeship" and other legislative acts.

Chapter 22. Adoption of children into a foster family for upbringing (patronage)

Article 194. Children placed in foster families for upbringing (patronage)

Minor children left without parental care, including those in educational and treatment institutions, as well as social welfare institutions shall be placed in foster family.

The preliminary selection of children for placement in a foster family shall be carried out by the persons wishing to take the children into a family, in consultation with the guardianship and trusteeship bodies.

The placement of children in a foster family shall be performed considering their wish. Children attained the age of ten years may be placed with a foster family only with their consent.

The procedure and conditions for the placement of children in foster family shall be determined by legislation.

Article 195. Agreement on the placement of children into a foster family for upbringing

The agreement on the placement of children into a foster family for upbringing shall be concluded between the guardianship and trusteeship bodies and the foster parents.

The agreement on the placement of children into a foster family for upbringing shall provide for the conditions of maintenance, upbringing, and education of children, the rights and duties of foster parents, the duties of the guardianship and trusteeship bodies with respect to the foster family, as well as the grounds and implications of termination of such an agreement.

The conclusion of the agreement shall be preceded by an examination of the living conditions and health status of the family members of the person accepting the child for foster care.

When children are placed in foster family, the guardianship and trusteeship bodies shall provide them with clothing and shoes at a time, and the person who has taken the child into foster care shall be paid a monthly allowance for their maintenance in the amount established by legislation.

Article 196. Dissolution of the agreement on the placement of children into a foster family for upbringing

The agreement on the placement of children into a foster family for upbringing may be terminated prematurely at the initiative of the foster parents for valid reasons (illness, change of family or property status, lack of mutual understanding with the children, etc.), as well as at the initiative of the guardianship and trusteeship bodies or in cases of return of children to their parents or their adoption.

Disputes related to the termination of agreements on placement into a foster family shall be resolved through a judicial procedure.

Article 197. Rights of children placed in foster family for upbringing

Children placed in foster families for upbringing shall retain the right for:

alimony due to them, as well as pension, allowances, and other social payments;

ownership of living premise or the right to use living premise;

receiving living premise in accordance with legislation.

Children placed into foster families for upbringing shall also have the rights to protect their rights and legitimate interests and to communicate with their parents and relatives.

The child shall be entitled to express his/her opinion in any family matter that affects his/her interests.

Article 198. Adoptive parents

Adult persons of both sexes may be adoptive parents, with the exception of:

persons declared by a court legally incapable or partially capable;

Persons deprived by court of parental rights or restricted by court in parental rights;

Guardian or custodian suspended from the duties for inadequate performance of the duties assigned to them by law;

Former adopters, if the adoption has been annulled by a court on the grounds stipulated by paragraph 1 of Article 169 of the present Code;

Persons previously convicted of an intentional crime;

Persons who for health reasons are unable to carry out the duties of bringing up a child.

The selection of foster parents shall be carried out by guardianship and trusteeship bodies.

Foster parents shall have the rights and duties of a guardian in relation to the child taken into foster care.

Article 199. Responsibility of foster parents

Where persons who have taken children into foster care use their rights for mercenary or other base motives to the detriment of the children being brought up or where children are left neglected and without the necessary financial support, the guardianship and trusteeship body shall be entitled to bring the persons who have taken the children into foster care to justice in line with the procedure established by law.

Article 200. Monitoring the living conditions and upbringing of children placed in foster family

The guardianship and trusteeship bodies shall monitor the living conditions and upbringing of children placed in foster family.

SECTION VII. REGISTRATION OF ACTS OF CIVIL STATUS

Chapter 23. General provisions

Article 201. Acts of civil status

Acts of civil status shall be the events and facts in the life of citizens, certified by the authorized bodies, such as birth, death, conclusion of marriage, dissolution of marriage.

Events and facts - adoption, establishment of paternity, change of surname, first name, patronymic, and sex change shall be reflected in the acts of civil status stipulated by part 1 of this Article, by making appropriate changes in them.

Records of the acts of civil status - being documents of public importance - shall be made in one copies.

Article 202. Stamped certificates

Stamped state certificates shall be issued on the basis of records of acts of civil status, which shall represent strict accounting documents, have a certain series, serial number, shall be verified by the seal of the civil registry office and the signature of the official.

When issuing a stamped certificate, the civil registry authorities shall collect a state duty in the manner and amount established by law, and a stamp duty in the manner and amount established by the Cabinet of Ministers of the Republic of Uzbekistan.

Forgery of state stamped certificates shall be punishable by law.

Article 203. Bodies registering acts of civil status

Registration of civil status acts shall be carried out in districts and cities by civil registry offices, while registration of death in settlements, villages, and auls may also be carried out by chairmen of citizens' assemblies.

The actions of citizens' self-government bodies with regard to death registration shall be regulated by the respective civil registry offices on whose territory they are located.

Registration of acts of civil status of citizens of the Republic of Uzbekistan, permanently or temporarily residing abroad shall be made by the consul in accordance with the legislation of the Republic of Uzbekistan.

Article 204. Storage of civil status registry books

Civil status registry books shall be kept in the departmental archives of the civil registry offices for seventy-five years. Upon expiry of this period, the civil status registry books shall be handed over to the State archives in accordance with the established procedure.

The organization of the activity of departmental archives of civil registry offices, as well as the procedure for keeping civil status registry books therein shall be determined by legislation.

Chapter 24. Registration of birth

Article 205. Procedure and terms of birth registration

The birth of children is subject to mandatory registration with the civil registration authorities within one month, regardless of the place of their birth or registration at the place of permanent residence or temporary stay of one of the parents.

Registration of the birth of a child born dead shall be made within 24 hours upon application of a medical institution by the civil registry office at the location of the institution.

Article 206. Documents submitted for birth registration

Birth registration shall be carried out on the basis of a medical certificate of birth and documents confirming the marital status and identity of the parents.

Article 207. Recording the parents of a child in the book of birth records

The father and mother, who are married to each other shall be recorded as the child's parents in the book of birth records at the request of either of them.

If the parents are not married to each other, the entry in the register on the child's mother shall be made on the basis of the mother's declaration and the entry on the father - on the basis of a joint declaration by the father and mother or a court decision. In the event of the death of the mother, recognition of the mother legally incapable or her deprivation of parental rights, or when her location cannot be found, the entry regarding the child's father shall be made on the father's request with the consent of the guardianship and trusteeship body.

When a child is born to an unmarried mother and if there is no joint declaration by the parents and no court ruling on paternity, the surname of the child's father shall be recorded in the birth registry book using the mother's surname, while the father's first name, patronymic, and ethnicity shall be recorded as specified by the mother.

If both parents are unknown, the entry on the mother and the father shall be made as specified by the guardianship and trusteeship body.

Persons who are married and have given their consent in writing to the use of artificial insemination or embryo implantation - in case their child is born using these methods - shall be recorded as his/her parents in the book of birth records.

Persons who are married to each other and gave their written consent to implant an embryo to another woman for the purpose of carrying the child may be recorded as the child's parents only with the consent of the woman who gave birth to the child (the surrogate mother).

Article 208. Registration of birth upon simultaneous establishment of paternity

If an application to establish paternity is submitted by the parents at the same time as the application to register the birth of the child, information about the father of the child shall be recorded according to the submitted application, and the surname of the child shall be assigned by agreement of the parents.

Article 209. Introduction of changes in the establishment of paternity after the birth registration

On the basis of the parents' application, a court decision, or the father's statement (in the event of the mother's death, impossibility to establish her place of residence, her declaration of incapacity or her deprivation of parental rights), paternity shall be established at the place of birth registration by entering information about the father in the birth record book.

Article 210. Introduction of changes in the book of birth records on the birth of adoptee

On the basis of a court decision on adoption, the civil registry office at the place where the birth record is located shall make the necessary changes to the book of birth records.

Article 211. Execution of court decisions upon annulment of adoption

On the basis of the court's decision to cancel the adoption, the civil registry office shall cancel all adoption records and restore the original birth records of the child.

Chapter 25. Registration of marriage conclusion

Article 212. Place and time of registration of marriage conclusion

Marriage registration is carried out by civil registration authorities regardless of the place of registration at the place of permanent residence or temporary stay of persons entering into marriage.

In exceptional cases, the registration of marriage shall take place in a hospital or at home.

Marriage registration may be performed in a solemn ceremony.

The persons entering into marriage shall submit to the civil registry office a declaration of their desire to get married one month before the registration.

Article 213. Documents to be presented for the registration of marriage

When submitting the application, those wishing to get married shall present the documents proving their identity, and those who were previously married shall also present the documents on the termination of the previous marriage.

Article 214. Selection of surname in the entry into marriage

Persons entering into marriage shall indicate in the application for marriage the adoption of a common surname or the retention of the maiden surname after the marriage.

Article 215. Marriage certificate

After the registration of the marriage, a marriage certificate is issued.

Article 216. Registration of marriage with stateless persons

Registration of marriage conclusion of citizens of the Republic of Uzbekistan with stateless persons permanently residing in the territory of the Republic of Uzbekistan shall be made on general grounds.

Article 217. Special cases of registration of marriage conclusion

Registration of marriage conclusion with persons in pretrial detention facilities or institutions for execution of punishment in the form of imprisonment shall be made by the civil registry offices in the location of these institutions in accordance with the procedure established by legislation.

Chapter 26. Registration of dissolution of marriage

Article 218. Registration of dissolution of marriage by mutual consent of spouses

At dissolution of marriage by mutual consent of spouses, applicants shall be obliged to confirm in their application to the civil registry body the absence of common minor children and property disputes.

Registration of divorce is carried out after three months from the date of filing an application to the civil registration authority, regardless of the place of registration at the place of permanent residence or temporary stay of the applicants.

No later than within three days upon submission of the application, the civil registry bodies shall notify in writing the Conciliation Commission of the citizens' meeting at the place of joint residence of the spouses for the latter to take appropriate measures for their reconciliation, and if they do not live together - the Conciliation Commission of the citizens' meeting at the place of residence of each of them.

Article 219. Registration of dissolution of marriage upon application of one of the spouses

When registering the dissolution of marriage upon the application of one of the spouses, the following shall be presented to the civil registry office:

Court decision that has entered into legal force on the recognition of the spouse as incapable or missing;

Extract from the court sentence which has entered into legal force on conviction of a spouse to imprisonment for a term of not less than three years, as well as confirmation by the convicted spouse of the absence of disputes about the children and property.

Article 220. Surnames of spouses after dissolution of marriage

The desire of one of the spouses for the return of the maiden surname shall be expressed in the application for dissolution of marriage.

Article 221. Certificate of dissolution of marriage. Marks in the documents.

After the registration of the dissolution of the marriage, each of the former spouses shall be issued a certificate of dissolution of marriage.

If the name of one of the spouses changes, a note shall be made in the identity document about the need to exchange it.

The civil registry office that registered the dissolution of the marriage shall send a notice thereof to the civil registry office at the place of registration of the marriage for noting the termination of the marriage.

Article 222. Registration of dissolution of marriage of foreign citizens between themselves, who concluded marriage in the Republic of Uzbekistan

Registration of dissolution of marriage of foreign citizens between themselves, who concluded marriage in the Republic of Uzbekistan shall be carried out on general grounds.

Chapter 27. Registration of death

Article 223. Procedure for registration of death

Registration of death is carried out by the civil registration authority, regardless of the place of registration at the place of permanent residence or temporary stay of the deceased.

Registration of death by a court decision on declaring a citizen deceased is carried out by the civil registry office specified in this court decision. If the civil registration authority is not specified in the court decision, death registration is carried out in accordance with the procedure provided for in part one of this article.

Deaths of children born and deceased in the first week of life shall be registered by the civil registry office at the location of the medical facility.

A statement of death shall be made on the day of the death or no later than three days from the moment the deceased is found.

It shall be prohibited to perform a burial without registering the death with the civil registry authorities.

Article 224. Special cases of registration of death

Deaths of unidentified persons shall be registered by the civil registry office upon the report of the medical institution of the state healthcare system at the place of its location. The death certificate in such cases shall be issued only after the identity of the deceased has been established.

Article 225. Documents to be presented at the registration of death

To register a death, the civil registry office must present a medical certificate of death or a court decision declaring a citizen deceased.

Chapter 28. Change of surname, first name, and patronymic

Article 226. Procedure for consideration of applications for change of surname, first name, and patronymic

Consideration of applications for a change of surname, first name, patronymic is carried out by the civil registration authority, regardless of the place of registration at the place of permanent residence or temporary stay of the applicant upon reaching the age of sixteen.

An opinion on a change of surname, first name, or patronymic may be issued only after an appropriate check by Internal Affairs bodies.

The refusal of the civil registry body to change the surname, first name, or patronymic may be appealed in court.

Article 227. Implications of a change of surname, first name, and patronymic

In the event of a change of surname, first name, or patronymic, the civil registry body shall make the appropriate changes in the civil status registry books.

A change in the surname of one of the spouses (even if paternity is established) shall not entail a change in the surname of the other spouse or his/her adult children.

The surnames of children under sixteen years of age shall be changed if both parents change their surnames.

If one parent has changed his/her surname, the matter of changing the surname of his/her children under sixteen shall be decided by agreement between the parents or, in the absence of such agreement, by the guardianship and trusteeship bodies.

The change of the father's first name shall entail a compulsory change of the patronymic of his children under the age of sixteen.

Chapter 29. Change, correction, or amendment of vital records

Article 228. Place of consideration of the application for changing the vital records

Introduction of changes, corrections, and amendments to civil status records shall be made by the civil registry authorities at the location of these records if they were made in the territory of the Republic of Uzbekistan, if there are sufficient grounds to do so and if there is no dispute between the persons concerned.

Birth, marriage, and marriage dissolution records of persons aged sixteen years or older shall be changed at their application.

Changes in the birth record books for persons under sixteen shall be made at the request of their parents.

Consideration of applications for correction of civil status records drawn up outside the Republic of Uzbekistan is carried out by the civil status registration authority at the place indicated by the applicant in the application.

The finding of the civil registry office refusing to make changes, corrections, or amendments to the civil status records may be appealed in court.

Article 229. Correction in case of change of sex

Correction of civil status records in case of a change of sex shall be allowed only upon the conclusion of the healthcare authorities.

Chapter 30. Restoration and annulment of records of civil status acts

Article 230. Restoration of civil status records

Restoration of civil status records shall be understood as reproduction of the lost record if there are sufficient grounds to believe that such record existed earlier.

Article 231. Restoration of birth, marriage, and marriage dissolution records

Birth, marriage, and marriage dissolution records may be restored only on the request of the persons in respect of whom such records were made.

If a record of the birth of a child under sixteen years of age has been lost, it shall be restored at the request of the child's parents, guardians or custodians, or the administration of children's institutions.

If there is a dispute between the persons concerned, the record shall be restored in accordance with the Civil Code of the Republic of Uzbekistan.

Article 232. Place of restoration of civil status records

Civil status records are restored by the civil status registration authority, regardless of the place of registration at the place of permanent residence or temporary stay of the applicant.

Article 233. Annulment of civil status records

If two or more identical records are found by the civil registry office, the restored records may be annulled by the civil registry office at the place of their compilation.

If there are significant discrepancies in the discovered civil status records, such as a mismatch of the surname, first name, patronymic, date of birth, information about parents, the restored civil status records are annulled by a court decision.

SECTION VIII. REGULATION OF FAMILY RELATIONS WITH THE PARTICIPATION OF FOREIGN CITIZENS AND STATELESS PERSONS

Article 234. Rights and duties of foreign citizens and stateless persons in family relations

Foreign citizens and stateless persons permanently residing in the Republic of Uzbekistan shall enjoy the same rights and bear the same duties in family relations as citizens of the Republic of Uzbekistan.

Article 235. Recognition of marriages concluded outside the territory of the Republic of Uzbekistan

Marriages between citizens of the Republic of Uzbekistan and marriages between citizens of the Republic of Uzbekistan and foreign citizens or stateless persons concluded outside the territory of the Republic of Uzbekistan in compliance with the legislation of the State in whose territory they were concluded shall be recognized as valid in the Republic of Uzbekistan, unless there are circumstances stipulated by Article 16 of the present Code that prevent the conclusion of a marriage.

Marriages between foreign citizens concluded outside the territory of the Republic of Uzbekistan in accordance with the legislation of the State in the territory of which they were concluded shall be recognized as valid in the Republic of Uzbekistan.

Article 236. Dissolution of marriage

Dissolution of marriage between citizens of the Republic of Uzbekistan and foreign citizens or stateless persons, as well as marriage between foreign citizens in the territory of the Republic of Uzbekistan shall be effected in accordance with the legislation of the Republic of Uzbekistan.

A citizen of the Republic of Uzbekistan, residing outside the territory of the Republic of Uzbekistan shall have the right to dissolve the marriage with the spouse residing outside the territory of the Republic of Uzbekistan in the courts of the Republic of Uzbekistan, regardless of his/her citizenship.

If, in accordance with the legislation of the Republic of Uzbekistan, dissolution of marriage is allowed in the civil registry offices, the marriage can be dissolved in the diplomatic missions or consular offices of the Republic of Uzbekistan.

Dissolution of marriage between citizens of the Republic of Uzbekistan and foreign citizens or stateless persons, effected outside the territory of the Republic of Uzbekistan in accordance with the legislation of the relevant foreign State shall be recognized as valid in the Republic of Uzbekistan.

Dissolution of marriage between foreign citizens, effected outside the territory of the Republic of Uzbekistan in accordance with the legislation of the relevant foreign State shall be recognized as valid in the Republic of Uzbekistan.

Article 237. Adoption

Where a child who is a citizen of the Republic of Uzbekistan is adopted by foreign citizens or stateless persons in the territory of the Republic of Uzbekistan, the requirements of Articles 151-167 of the present Code shall also be complied with.

Where a child who is a foreign citizen is adopted in the territory of the Republic of Uzbekistan, the consent of the child's legal representative and of the competent authority of the State of which the child is a citizen shall be obtained and, if the law of that State so requires, the child's consent to the adoption.

If the child's rights established by the legislation and international agreements of the Republic of Uzbekistan may be violated as a result of an adoption, the adoption may not take place regardless of the citizenship of the adopter and shall be subject to cancellation of the adoption through a judicial procedure.

The adoption of a child who is a citizen of the Republic of Uzbekistan living abroad effected by the competent authority of the adopter's State of citizenship shall be recognized as valid in Uzbekistan, provided that a preliminary permission of adoption has been obtained from the Ministry of Public Education of the Republic of Uzbekistan.

The adoption by citizens of the Republic of Uzbekistan of a child who is a foreign citizen or stateless person permanently residing in the territory of another State, executed by a competent authority of a foreign State shall be recognized as valid in Uzbekistan subject to compliance with the requirements of Articles 152, 157, and 1611 of the present Code.

Article 238. Establishment of the content of the rules of family law of a foreign State

In applying the rules of family law of a foreign State, the court or the civil registry authorities and other bodies shall establish the content of these rules in accordance with their official interpretation and application practice in the relevant foreign State.

In order to establish the content of the rules of family law of a foreign State, the court, the civil registry authorities, and other bodies may request the assistance and explanations of the Ministry of Justice of the Republic of Uzbekistan and other competent bodies of the Republic of Uzbekistan, in accordance with the established procedure, or engage experts.

Interested parties shall be entitled to submit documents confirming the content of the rules of family law of a foreign State to which they refer in support of their claims or objections and otherwise assist the court and the civil registry authorities or other bodies in ascertaining the content of the rules of family law of a foreign State.

If, despite the measures taken in accordance with this Article, the content of the rules of family law of a foreign State is not established, the legislation of Uzbekistan shall apply.