Child Adoption in Uzbekistan

Adoption of a child is one of the most significant institutions of family law, as it is intended to ensure the child’s right to live and be raised in a family. In the legal system of the Republic of Uzbekistan, adoption is regarded as a priority form of family placement for children deprived of parental care, alongside guardianship, trusteeship, and foster care. The Family Code expressly provides that such children must be placed in a family for upbringing or, where this is not possible, in appropriate institutions for orphans or children deprived of parental care. Until the child is placed, the temporary performance of the duties of a guardian or trustee is assigned to the guardianship and trusteeship authorities.

The legal significance of adoption is not limited to the actual acceptance of a child into a family. Adoption creates a full legal relationship between the adoptive parent and the adopted child that is as close as possible to the legal relationship between parents and their biological children. Therefore, the law establishes a judicial adoption procedure, the participation of the guardianship and trusteeship authorities and the prosecutor, as well as special safeguards for protecting the interests of the child.

Under the Family Code of the Republic of Uzbekistan, adoption is permitted only in respect of minor children and only in their interests. This provision establishes two fundamental prerequisites for adoption: first, only a child who has not reached the age of majority may be adopted; second, adoption may not be carried out for the benefit of adults where it does not correspond to the interests of the child.

Adoption is ordered by a court upon an application submitted by persons wishing to adopt a child, taking into account the conclusion of the guardianship and trusteeship authorities regarding whether the adoption is justified and consistent with the interests of the child. Adoption therefore has a dual legal nature: on the one hand, it is an institution of family law that creates a parent-child relationship; on the other hand, it is a judicial procedure, since the legal fact of adoption arises not from an agreement between the parties but from a court decision and the subsequent amendment of the child’s birth record.

Another distinctive feature of adoption is that the law proceeds from the principle of preserving the child’s family and kinship ties. For example, the adoption of brothers and sisters by different persons is not permitted, except where such adoption is consistent with the interests of the children.

Persons Who May Be Adoptive Parents

Adult citizens of either sex may become adoptive parents. However, the law establishes a list of persons who may not become adoptive parents. These include, in particular, persons who have been deprived of parental rights or whose parental rights have been restricted; persons declared legally incapable or partially incapable; persons registered with psychiatric or narcological institutions; former adoptive parents where the adoption was revoked due to their culpable conduct; and persons who have certain types of criminal convictions or illnesses that prevent adoption.

An important substantive legal requirement is the age difference between the adoptive parent and the adopted child, which must be at least fifteen years. An exception is established for adoption by the child’s stepfather, stepmother, or close relatives. This requirement is intended to ensure that the future relationship has a genuine parental character and to prevent formal or artificial adoption.

The law also provides for categories of persons who have a preferential right to adopt. These include the child’s relatives, irrespective of their place of residence; a person in whose family the child resides; persons adopting brothers and sisters together without severing their kinship ties; the child’s stepfather or stepmother; citizens of the Republic of Uzbekistan; and persons who have lost their children due to illness or an accident.

Consent of the Child, Parents, and Other Persons

Consent is one of the key elements of the adoption procedure. If the child has reached the age of ten, the child’s consent is required for adoption. Such consent is ascertained by the guardianship and trusteeship authorities or by the court when considering the case. This rule reflects the principle that the child’s opinion must be taken into account in matters affecting the child’s personal and family status.

At the same time, the law permits adoption without the child’s consent where the child is being raised in the adoptive parents’ family and regards them as his or her parents. This provision is intended to protect an already established family relationship where formally obtaining consent may not correspond to the child’s psychological condition or the actual circumstances in which the child is being raised.

As a general rule, the consent of the child’s parents is required for adoption. The parents may consent to the adoption of the child by a specific person or authorize the guardianship and trusteeship authority to select the adoptive parents. Consent must be expressed in the proper form: it must be notarized, certified by the head of the institution in which the child is residing or by the guardianship and trusteeship authority, or it may be expressed directly before the court. The parents may withdraw their consent before the court issues its decision.

Adoption without parental consent is permitted where the parents are unknown, have been deprived of parental rights, have been declared legally incapable, missing, or deceased, or where, without valid reasons, they have failed to visit the child in a children’s or medical institution for more than one year.

Where a child is adopted by one spouse, the consent of the other spouse is required unless the child is adopted jointly by both spouses. Such consent is not required where the spouses have terminated their family relationship, have not lived together for more than one year, and the place of residence of the other spouse is unknown.

Judicial Adoption Procedure

Chapter 29, “Adoption of a Child,” of the Civil Procedure Code of the Republic of Uzbekistan governs the judicial adoption procedure. An application for adoption by citizens of the Republic of Uzbekistan must be submitted to the inter-district, district, or city civil court at the place of residence or location of the child to be adopted. Where citizens of the Republic of Uzbekistan permanently residing outside the country, foreign citizens, or stateless persons wish to adopt a child who is a citizen of the Republic of Uzbekistan, the application must be submitted, respectively, to the Court of the Republic of Karakalpakstan, the relevant regional court, or the Tashkent City Court at the child’s place of residence or location.

The application must contain information about the prospective adoptive parents and the child to be adopted, including information about the child’s parents, brothers, and sisters; the circumstances substantiating the request for adoption; and evidence confirming those circumstances. Where necessary, the applicants may request a change to the child’s surname, given name, and patronymic; a change to the child’s date of birth by no more than one year; a change to the child’s place of birth if the child is not more than ten years old; and the recording of the adoptive parents as the child’s parents in the birth record.

The application must be accompanied by documents confirming the marital status of the prospective adoptive parents; the consent of the other spouse where the child is being adopted by only one spouse; documents confirming the identity and marital status of an unmarried applicant; a medical certificate concerning the health of the prospective adoptive parents; a document confirming registration as prospective adoptive parents; a certificate of income or employment; and a document confirming ownership of or the right to use residential premises.

At the stage of preparing the case, the judge issues a ruling requiring the guardianship and trusteeship authority to submit its conclusion regarding whether the adoption is justified and consistent with the interests of the child. The conclusion must be accompanied by a report on the examination of the prospective adoptive parents’ living conditions; an extract from the child’s birth record; a medical report concerning the child’s health and development; the consent of a child who has reached the age of ten; the consent of the parents; and, in special cases, documents confirming that it is impossible to place the child in the family of citizens of the Republic of Uzbekistan or with the child’s relatives. The court may also request other documents or information where necessary.

Adoption cases are considered with the mandatory participation of the prospective adoptive parents, representatives of the guardianship and trusteeship authorities, and the prosecutor. Where necessary, the court may involve the child’s parents, relatives, other interested persons, and the child if the child has reached the age of ten. The case is heard in a closed court session due to the need to protect the confidentiality of the adoption and the child’s private life.

Court Decision and the Effective Date of Adoption

Following consideration of the case, the court issues a decision granting the adoption application or refusing it in whole or in part. Where the application is granted, the court must specify in its decision all information concerning the adopted child and the adoptive parents that is necessary for amendments to be made to the birth register.

Within three days from the date on which the adoption decision becomes legally effective, the court must forward a copy of the decision to the civil registry office at the place where the child’s birth was registered. The civil registry office must, in turn, make the necessary amendments to the birth register within ten days from the date on which the court decision becomes legally effective.

The adoption is deemed to arise on the date when the necessary amendments are made to the adopted child’s birth record. This means that although the court decision constitutes the necessary legal basis, the law links the final establishment of the parent-child relationship to the registration action performed by the civil registry office.

Legal Consequences of Adoption

The principal legal consequence of adoption is that adopted children are placed on an equal footing with the adoptive parent’s biological children in all personal and property rights. At the same time, as a general rule, the adopted children, their biological parents, and the relatives of their biological parents lose their mutual personal and property rights and obligations.

However, the law permits certain exceptions. Where a child is adopted by one person, the child’s personal non-property and property rights and obligations may be preserved in the child’s interests at the request of the mother if the adoptive parent is a man, or at the request of the father if the adoptive parent is a woman. Where one of the child’s parents has died, the child’s rights and obligations in relation to the relatives of the deceased parent may be preserved at the request of the child’s grandfather or grandmother if this is required by the child’s interests.

Minor children who were entitled to a survivor’s pension or allowance at the time of adoption retain that entitlement after adoption.

Confidentiality of Adoption

The confidentiality of adoption constitutes an independent legal safeguard protecting the interests of the child, the adoptive parents, and the stability of the new family. The Family Code establishes that the confidentiality of adoption is protected by law. Without the consent of the adoptive parents or, following their death, without the consent of the guardianship and trusteeship authority, it is prohibited to inspect civil status registration books and other documents or to disclose information indicating that the adoptive parents are not the child’s biological parents. Persons who disclose the confidentiality of adoption against the wishes of the adoptive parent or the guardianship and trusteeship authority are subject to liability established by law.

From a procedural perspective, the confidentiality of adoption is protected by holding the court hearing in a closed session. The Civil Procedure Code expressly includes cases involving the confidentiality of adoption among the categories of cases that must be heard in closed court sessions.

International Aspects of Adoption

The law establishes special rules for cases in which adoption contains a foreign element. Where citizens of the Republic of Uzbekistan adopt a child who is a citizen of another state, additional documents must be attached to the application, including the consent of the competent authority of the Republic of Uzbekistan to the child’s permanent residence in the country; the consent of the child’s legal representative and the competent authority of the state of the child’s nationality; an extract from the child’s birth record; a medical report; and the consent of the child if the child has reached the age of ten.

Where citizens of the Republic of Uzbekistan permanently residing outside the country, foreign citizens, or stateless persons adopt a child who is a citizen of the Republic of Uzbekistan, additional documents are required from the competent authority of the relevant state regarding the applicants’ living conditions and their eligibility to become adoptive parents; authorization for the child to enter and permanently reside in that state; and a notarized undertaking to provide the diplomatic mission of the Republic of Uzbekistan with information about the adopted child and an opportunity to communicate with the child. Documents issued to foreign citizens and stateless persons must be legalized or apostilled, translated into the state language of the Republic of Uzbekistan, and notarized.

Revocation of Adoption

Revocation of adoption is an exceptional measure because it terminates an already established family-law relationship between the child and the adoptive parents. The Civil Procedure Code provides that cases concerning revocation of adoption are considered under contentious proceedings and on the grounds specified by family law.

The Family Code provides that adoption must be revoked where the adoptive parents evade their obligations or perform them improperly, abuse their parental rights, treat the adopted child cruelly, or are chronic alcoholics or drug addicts. The court may also revoke the adoption on other grounds, taking into account the interests and opinion of the child.

The child’s parents, the prosecutor, the guardianship and trusteeship authorities, commissions on children’s affairs, and the adopted child upon reaching the age of sixteen are entitled to seek revocation of the adoption. Adoption may be revoked only by a court, and the opinion of a child who has reached the age of ten must be taken into account when the case is considered.

The consequence of revocation is the termination of the mutual rights and obligations between the adopted child and the adoptive parents and the restoration of the rights and obligations between the child and the biological parents, where this is consistent with the child’s interests. Where the parents are absent or returning the child to them would be contrary to the child’s interests, the child is placed under the care of the guardianship and trusteeship authorities.

Who May Be an Adoptive Parent

No.	Person Who May Be an Adoptive Parent	Condition / Explanation
1	Adult male citizen	May become an adoptive parent provided that he does not fall within any category of persons prohibited from adopting.
2	Adult female citizen	May become an adoptive parent provided that she does not fall within any prohibited category.
3	Spouses jointly	Spouses may jointly adopt a child.
4	One of the spouses	One spouse may adopt a child, but, as a general rule, the consent of the other spouse is required.
5	An unmarried person	May become an adoptive parent if he or she meets the statutory requirements.
6	The child’s stepfather or stepmother	May adopt the child; an exception to the general minimum age-difference requirement applies to them.
7	Close relatives of the child	May become adoptive parents; the exception concerning the age difference also applies to them.
8	Foreign citizens and stateless persons	May adopt a child who is a citizen of Uzbekistan, but only through a special judicial procedure and upon submission of additional documents.

 

Who May Not Be an Adoptive Parent

No.	Person Who May Not Be an Adoptive Parent	Ground / Explanation
1	A person deprived of parental rights	Such a person may not become an adoptive parent.
2	A person whose parental rights have been restricted	Restriction of parental rights also excludes the possibility of adoption.
3	A person declared legally incapable	Legal incapacity excludes the ability to perform the duties of an adoptive parent.
4	A person declared partially incapable	Such a person may also not become an adoptive parent.
5	A person registered with a psychiatric institution	Registration with such an institution constitutes an impediment to adoption.
6	A person registered with a narcological institution	Registration with a narcological institution excludes the possibility of adoption.
7	A former adoptive parent whose adoption was revoked due to his or her culpable conduct	For example, where the adoptive parent evaded his or her duties, abused parental rights, treated the child cruelly, or was a chronic alcoholic or drug addict.
8	A person previously convicted of offences against life and health	For example, offences against a person’s life or health.
9	A person previously convicted of offences against sexual freedom	Such offences constitute a direct impediment to adoption.
10	A person previously convicted of offences against the family, youth, and morality	This category is expressly specified in Article 152 of the Family Code of the Republic of Uzbekistan.
11	A person previously convicted of offences against the freedom, honour, and dignity of an individual	Exception: defamation and insult are not included in this prohibition.
12	A person previously convicted of offences against the constitutional rights and freedoms of citizens	Exceptions include violation of the legislation on applications from individuals and legal entities and infringement of copyright or inventors’ rights.
13	A person previously convicted of offences against peace and the security of humanity	This constitutes a direct impediment to adoption.
14	A person previously convicted of offences against the Republic of Uzbekistan	This constitutes a direct impediment to adoption.
15	A person previously convicted of offences involving the theft or misappropriation of another person’s property	Property offences involving unlawful appropriation are included among the prohibited grounds.
16	A person previously convicted of acquiring or disposing of property obtained through criminal activity	This constitutes a direct impediment to adoption.
17	A person previously convicted of commercial bribery or bribery of an employee of a non-governmental organization	This also falls within the prohibited grounds.
18	A person previously convicted of offences against the administrative order or the administration of justice	This constitutes a direct impediment to adoption.
19	A person previously convicted of torture or other cruel, inhuman, or degrading treatment	This constitutes a direct impediment to adoption.
20	A person previously convicted of offences against public safety	Except for certain offences expressly specified in Article 152 of the Family Code of the Republic of Uzbekistan.
21	A person previously convicted of offences involving the unlawful circulation of narcotic drugs or psychotropic substances	This constitutes a direct impediment to adoption.
22	A person previously convicted of offences against public order	This constitutes a direct impediment to adoption.
23	A person previously convicted of military official misconduct offences	Such a person may also not become an adoptive parent.
24	A person previously convicted of serious or especially serious offences not separately specified in Article 152 of the Family Code of the Republic of Uzbekistan	Even where the offence is not included in the specific list, serious and especially serious offences constitute an impediment to adoption.
25	A person against whom criminal proceedings concerning the specified offences were terminated without determination of guilt	This refers to proceedings terminated on non-exonerating grounds.
26	A person suffering from an illness that prevents adoption	The list of such illnesses is approved by the Cabinet of Ministers of the Republic of Uzbekistan.

 

Age-Difference Requirement

Rule	Content
General rule	The age difference between the adoptive parent and the child to be adopted must be at least 15 years.
Exception	This requirement does not apply where the child is adopted by the child’s stepfather, stepmother, or close relatives.

 

Persons Having a Preferential Right to Adopt

No.	Persons Having a Preferential Right	Explanation
1	Relatives of the child to be adopted	Irrespective of their place of residence.
2	A person in whose family the child to be adopted resides	For example, where the child is already actually being raised in that family.
3	Persons adopting brothers and sisters together	The law gives priority to preserving the kinship ties between the children.
4	The child’s stepfather or stepmother	They have priority when adopting their spouse’s child.
5	Citizens of the Republic of Uzbekistan	They have priority over foreign prospective adoptive parents.
6	Persons who have lost their children due to illness or an accident	They are also expressly included among persons having a preferential right to adopt.