Family Code Of Turkmenistan

Original Language Title: Семейный кодекс Туркменистана

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Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8345

 
On the approval and entry into force of the family code of Turkmenistan (statements of the Mejlis of Turkmenistan, 2012, no. 1, art. 9) article 1. Adopt a family code of Turkmenistan.
 
Article 2. Enact the family code of Turkmenistan from April 1, 2012 year.
 
Article 3. Void with April 1, 2012 year of the marriage and family code of the Turkmen Soviet Socialist Republic, approved by the law of the Turkmen Soviet Socialist Republic from December 25, 1969 GODA (Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1969, no. 24, text 141), all subsequent laws or their relevant parts, which made changes and additions to it.
 
Article 4. The family code of Turkmenistan extends to legal relationships arisen after its launch.
If the family relationship arose before promulgation of the family code of Turkmenistan, its provisions apply to those rights and obligations that arose after its launch.
If after the promulgation of the family code of Turkmenistan in regulating family relations conflicts or deteriorating legal status of parties to family relations apply the provisions of this code.
 
Article 5. Continue to bring laws and other normative legal acts of Turkmenistan in accordance with the family code of Turkmenistan, they operate to the extent not inconsistent with this code.
 
Article 6. The Cabinet of Ministers of Turkmenistan in a three-month deadline to bring regulatory legal acts of Turkmenistan in accordance with the family code of Turkmenistan.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat January 10, 2012 year no. 258-IV.
 
 
FAMILY CODE of TURKMENISTAN section i. General provisions Chapter 1. The main provisions of Article 1. 1 concepts. For the purposes of this code the following basic concepts are used: 1) − family circle of persons involved moral and property rights and obligations arising from marriage, filiation, adoption (hereinafter-adoption) or some form of adoption of children in the family;
2) marriage − voluntary equal Union of man and woman, in the manner prescribed by law for the establishment of a family that raises the reciprocal rights and duties of the spouses;
3) spouses − person, married to (husband and wife);
4) former spouses − a person terminated the marriage between them;
5) bona fide spouse (spouse) is a person who has entered into the marriage in accordance with the law with the actual intent to start a family;
6) a fictitious marriage − marriage men and women, in accordance with the law without any real intention to create a family;
7) child − a person under the age of eighteen years (majority);
8) parents − person (father and mother), registered in the Act of birth of the child as his or her parents;
9) adopter − person or spouse (one of them), who (adopted) children in foster care;
10) stepfather − husband mother towards her children from a previous marriage;
11) stepmother − wife father towards his children from a previous marriage;
12) stepson − son of one of the spouses towards the other, foster for him;
13) stepdaughter − the daughter of one of the spouses towards the other, foster;
14) − a person relatives linked kinship and occurring from one another or from a common ancestor. Relatives are great (great) grandparents on his father's side and the mother, the father (mother), son (daughter), grandchildren, great grandchildren, brothers and sisters, uncles (aunt), nephews and others;
15) relatives in the direct ascending line − persons related by direct line of descent, i.e. when it is seen from the offspring to an ancestor: the grandson, son, father, grandfather;
16) relatives in the direct descending line − persons related by direct descendant relationship, that is, when it is seen from the ancestor to offspring: a grandfather, father, son, grandson;
17) − close relatives parents (including adoptive parents), spouses, children (including usynovlënnye), grandparents on his father's side and the mother, grandchildren, siblings and half brothers and sisters;
18) full brothers and sisters brothers and sisters − originating from a common parent;
19) half brothers and sisters − brothers and sisters of the same father and different mothers or from the same mother and different fathers;
20) legal representatives − persons (parents, adoptive parents, guardians (caretakers) and representatives of institutions and organizations caring for a person), by operation of law, acting in all institutions, including the judiciary, the protection of the moral and economic rights and lawful interests of the disabled, limited viable or viable, but because of physical condition (old-age, sickness, etc.) cannot independently exercise their rights and fulfil their duties;

21) incapacitated family members and dependants of the persons − children (including usynovlënnye, son (step-daughter), students in full-time education until the age of twenty-three years, brothers and sisters, grandchildren below the age of eighteen years or over that age if they became disabled before reaching the age of eighteen years, brothers and sisters, grandchildren, assuming they do not have able-bodied parents , stepsons (step-daughter)-if they do not receive alimony from their parents; the father and mother, including adoptive parents, husband and wife, grandparents on his father's side and the mother who is of retirement age: 62 years men women-57 years of age, or are disabled and do not receive a pension or public benefit; one of the parents or spouse or grandparents on his father's side and the mother, brother and sister, regardless of age or disability, if he (she) is busy caring for children, brothers and sisters, grandchildren of the deceased breadwinner, under the age of eight years, and does not work;
22) actual educators − persons who to their permanent custody of minor children, and in fact raised them;
23) ZAGS − public registry office (ZAGS), which include those of the cities of OCs with the rights of regional, district, city district administrations to rights, etraps in town, the local Council, as well as diplomatic missions and consular offices of the Republic of Turkmenistan, authorized to perform State registration of acts of civil status;
24) civil status acts − actions of citizens or facts and events that influence the emergence, modification or termination of the rights and duties, as well as characterizing the legal status of citizens reflected in relevant records of civil status acts subject to state registration;
25) agencies of tutorship and guardianship departments − local regional, city, district in place of the rights, privileges, and towns with etrap districts in the city and in localities where they do not exist, bodies of local self-government;
26) place of residence − a place where an individual permanently or primarily lives;
27) seat − a place where an individual is temporarily resides;
28) income − salaries and other types of income received in a manner not prohibited by law;
29) alimony − means that in cases prescribed by law, some members of the family must pay for other content;
30) − single parent mother (father) or replaces her (his) face (if there is no parent) raising (ing) child alone;
31) family members − person (husband and wife, their children and parents, as well as living together with other family members) who have rights and obligations based on family relations;
32) − certificate of established sample document, issued by the registry offices when registering acts of civil status.
2. All other concepts used in the present Code shall be applied in the meanings of certain civil and other legislation of Turkmenistan.
 
Article 2. Family legislation of Turkmenistan 1. Family legislation of Turkmenistan is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this code, the rules of the international treaty shall apply.
 
Article 3. Purpose and main objectives of family legislation of Turkmenistan 1. The purpose of the family law of Turkmenistan is the creation of legal foundations of public policy aimed at the protection and preservation of the family, caring for the family by creating conditions for economic autonomy and well-being of all its members, ensuring the payment of State benefits to families, the Organization of health care, the creation of conditions for the combination of parents, work and family responsibilities, the development of infrastructure, as well as on the implementation of the State policy in the field of protection and preservation of the family , motherhood and childhood, fatherhood.
2. the main objectives of family legislation of Turkmenistan are: 1) build family relations on a voluntary marital union of man and woman, equality of rights of spouses in the family, feelings of mutual love and respect, mutual understanding, mutual help and responsibility to the family of all its members;
2) the strengthening of the family on the principles of universal morality;
3) the inadmissibility of interference in the Affairs of the family;
4) establishing the rights and duties of spouses, parents and other family members and ensuring their implementation;
5) establishing the rights of children and ensuring their priority;
6) legal and other protection of the child before and after birth, providing favorable conditions for the emergence and development of each child;
7) the protection of motherhood and childhood, fatherhood.
 
Article 4. Relations regulated by the family law of Turkmenistan
 

Family legislation of Turkmenistan establishes conditions and the order of marriage, regulates personal property and non-property relations between spouses, parents and children, adoptive parents and usynovlënnymi, other members of the family, relations arising in connection with the adoption, guardianship (curatorship), and in the cases and within the limits provided for by the family law of Turkmenistan, between other relatives and other persons, as well as the form and the order of the devices in the family of children without parental care the conditions and procedure for divorce, nullity, the order of State registration of acts of civil status.
 
Article 5. Application to family relations of the civil legislation of Turkmenistan to personal non-property and property relations between family members not regulated by family legislation of Turkmenistan, Turkmenistan civil law applies, if it does not contradict the essence of family relations.
 
Article 6. Application of family and civil legislation of Turkmenistan to family relations in analogy 1. If the relationship between family members not regulated by family legislation of Turkmenistan or by agreement of the parties, and in the absence of civil law, the right to regulate these relations, family law applies and (or) civil law governing similar relations (analogy of law), if this is not contrary to their merits.
2. In the absence of such rules, the rights and obligations of family members shall be determined on the basis of the General principles and the principles of family or civil law (law of analogy).
 
Chapter 2. Implementation of family rights and their protection, article 7. The legal regulation of family relations in Turkmenistan 1. The legal regulation of family relations in Turkmenistan is exercised by the State.
2. Turkmenistan recognized marriage, registered only organ REGISTRY OFFICE.
3. Religious rite of marriage and other religious rites have no legal value. This rule does not apply to religious rites of the marriage contemplated prior to the formation of the civil registry bodies in Turkmenistan and received their identity documents of birth, marriage and divorce, as well as death.
 
Article 8. Implementation of family rights and family obligations 1. Citizens, at their discretion, dispose of its rights arising from family relationships (family rights), including the right to protection, unless otherwise stipulated by this code.
2. implementation of the Member of the family of its rights and which he carried out his duties must not violate the rights, freedoms and legitimate interests of other family members and other citizens.
 
Article 9. Protection of the family rights 1. Family rights are protected by the law, except when they are in conflict with these rights.
2. protection of the family rights is carried out by the Court in accordance with civil proceedings of Turkmenistan and in the cases stipulated by the family law of Turkmenistan, State bodies, local self-government bodies, including by the tutelage and guardianship authorities.
 
Chapter 3. Prescription and calculation of periods of time Article 10. Limitation On claims arising from family relationships, prescription does not apply, except in cases where the period for protection of infringed rights set the laws of Turkmenistan. In these cases, prescription is applied by the Court in accordance with the civil legislation of Turkmenistan.
 
Article 11. The beginning of the period of limitation 1. The period of limitation of actions starts from the moment of occurrence of the claim.
2. If, in accordance with the requirement arises the need to refrain from any action, the limitation period begins with the moment of performing the specified action.
 
Article 12. The order of application of the limitation in the application of the rules governing the Statute of limitations, the Court is guided by the civil legislation of Turkmenistan.
 
Article 13. Calculation of periods of time calculation of periods of time established by this code shall be in accordance with the civil legislation of Turkmenistan.
 
SECTION II. Conditions And Order Of Marriage And Divorce. STATE REGISTRATION OF MARRIAGE AND DIVORCE. PREKRAŠENIE MARRIAGE. NULLITY of MARRIAGE Chapter 4. The conditions and procedure for the marriage.
State registration of the marriage Article 14. The right of men and women to marry men and women of marriageable age have the right to create a family regardless of race, nationality or creed to marry. They enjoy equal rights during marriage, during marriage and at its dissolution.
 
Article 15. Marriage 1. State registration of marriage is made by authority of the Registrar.
2. The age of marriage is set at 18 years.
3. in exceptional cases, when there are valid reasons for the tutorship or guardianship agency may, at the request of the persons wishing to marry, reduce the age of marriage, but not more than one year.
In this case, such a person from the date of the marriage acquires full. His dispositive capacity is maintained in full and in the event of dissolution of the marriage.
 
Article 16. Conditions of marriage
 

1. Marriage may be entered into only with the free and mutual consent of the persons wishing to marry, when they reach the age of marriage.
2. A marriage may not be concluded in the circumstances referred to in article 20 of this code.
 
Article 17. Order marriage 1. A person of marriageable age who wish to marry, apply to the organs of the CIVIL REGISTRY OFFICE at the place of residence of one of them or at the place of residence of their parents.
In a statement they should specify that circumstances, impedimental to marriage as stipulated in article 20 of this code, as well as indicate the surname of any of the spouses wish to elect as their common surname, or keep the family name of each was whether each of them had married and had children during the marriage, whether joint children. The statement attached passport (or similar document).
2. marriage shall be made with the personal presence of the persons wishing to marry, on the expiry of one month from the date of their application to the organs of the CIVIL REGISTRY.
If there are valid reasons (pregnancy, birth of a child, common children, leaving in another locality in connection with the work or studies, conscription, the coincidence of the date of their wedding day marriage and otherwise) on the request of the persons wishing to marry, ZAGS bodies at the place of registration of the marriage permit marriage prior to the expiration of monthly term. As well as the ZAGS bodies extend that period of time, but not more than two months from the day appointed for the purposes of the registration of the marriage.
If there are special circumstances (pregnancy, birth, imminent threat to the life of one of the parties and other special circumstances) a marriage may be concluded on the day of submission of the application.
3. If there are legitimate reasons for the request of the persons wishing to marry, marriage registration can be made by outside bodies ZAGS.
(As amended by the law of Turkmenistan dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 18. The obligation of CIVIL REGISTRY introduce the persons wishing to marry, their rights and duties, as well as the terms and conditions of registration of the marriage registry office, Authorities have adopted statements from persons wishing to marry, obliged to acquaint them with the terms and conditions of registration of the marriage, to verify that these persons mutually aware of health and marital status, as well as to explain to them their rights and duties as the future spouses and parents and warn about responsibility for concealing the circumstances , impedimental to marriage.
 
Article 19. The designation of the date of registration of the marriage. Registration of marriage 1. Day of registration of marriage shall be appointed in consultation with the persons wishing to marry in accordance with the procedure laid down in article 17 of the present code.
2. On the day appointed for the purposes of the registration of the marriage REGISTRY OFFICE Authority conducts the registration of the marriage in a festive atmosphere. Organ REGISTRY OFFICE provides the solemn atmosphere of the marriage with the consent of the persons entering into the marriage.
3. registration of marriage shall be conducted in the presence of the persons wishing to marry.
4. registration of the marriage registry offices is carried out at the place of residence of one of the persons wishing to marry, or the place of residence of their parents in the manner prescribed for State registration of acts of civil status.
5. After the registration of marriage the spouses are issued marriage certificate.
6. On the page to mark in your Passport (or his successor), married, is marked (write) about marriage registration with indication of the surname, name, middle name, and year of birth of spouse, location and time of the registration of the marriage and the family name, which will be referred to as spouse (spouse) after registration of the marriage.
(As amended by the law of Turkmenistan dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 20. Circumstances hindering marriage marriage between: 1) persons, at least one of which, at the time of filing an application is already in another registered marriage;
2) relatives in the direct ascending and descending lines, between siblings and half-siblings, as well as between parents and usynovlënnymi;
3) persons, at least one of which is recognized incapable by court due to mental disorders (mental illness or dementia).
 
Article 21. The medical examination of persons wishing to marry 1. Persons wishing to enter into marriage by mutual consent might undergo a medical examination, as well as get advice on medical and genetic issues and family planning services in public health institutions free of charge.
The order of provision of these services is determined by the Cabinet of Ministers of Turkmenistan.
2. The results of the survey on persons wishing to marry, are medical secret and disclosed only to them.
3. If, when one person hid a marriage from another person having skin-venereal diseases or diseases caused by the human immunodeficiency virus (HIV) infection or other diseases, the World Health Organization recognized dangerous for family relationships, the latter may apply to the Court requesting annulment.
 

Chapter 5. The order of dissolution of marriage. State registration of dissolution of marriage. Article 22 termination of marriage. Grounds for divorce. Termination of marriage.
 
1. The marriage is dissolved upon application of the spouses (one of them), as well as on the application of the guardian of a spouse recognized incapable by court.
2. the marriage is terminated in the following cases: 1) the death of one of the spouses or dead by a Court of one of the spouses;
2) divorce registration;
3) the entry into force of the court verdict on annulment.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, article 118 Article 23. impermissibility of divorce 1. Marriage cannot be dissolved without the wife's consent: 1) during her pregnancy;
2) spouses have children under one year of age.
2. marriage cannot be dissolved upon the application of the guardian of the incapacitated person, if the guardian is a spouse.
 
Article 24. Procedure of dissolution of the marriage and the right to contract a new marriage 1. The dissolution of marriage is made by the body, and in cases envisaged by article 26 of this code, the Court of Justice.
2. persons who terminated the marriage has the right to enter into a new marriage only after obtaining a certificate of dissolution of the marriage registry offices.
 
Article 25. Dissolution authority REGISTRY OFFICE. State registration of divorce and making it 1. With the mutual consent of the spouses, if they do not have common minor and disabled adult children and absence of a dispute on the Division of joint property of the spouses (hereinafter referred to as joint property) on the payment of maintenance for needy disabled spouse the divorce is realized on the basis of the CIVIL REGISTRY authority a joint application of spouses upon the expiration of two months from the date of submission of the application.
2. If one of the spouses does not have the opportunity to appear before the body of the REGISTRAR for filing joint declaration provided for in paragraph 1 of this article, the expression of the will of a spouse can be issued a separate statement about the divorce. In this case, the statement of the spouse's signature, does not have the opportunity to appear before the body of the civil registry shall be notarially certified.
If a spouse who had no opportunity to file joint statement cannot appear in the body of the REGISTRY OFFICE within the time limit designated for dissolution of marriage and divorce registration, he may send on this statement by indicating that it has no objection to the dissolution of the marriage in his absence and trusts get a divorce certificate to another person. In this case, the statement of the spouse's signature, does not have the opportunity to appear before the body in due time must be notarially certified.
3. If one of the spouses does not appear in the body of the REGISTRY OFFICE within the time limit designated for divorce by mutual consent and there is no statement that he did not agree to a divorce, the dissolution of marriage and divorce registration can be performed in the presence of one of the spouses.
If the dissolution of marriage and divorce registration made by mutual agreement of the spouses in the presence of one of the spouses, the spouse who was not present when a marriage and divorce registration can obtain a divorce certificate. If the spouse does not have the opportunity to appear in person, the spouse may submit an application for a certificate of divorce. In this case, the signature of the spouse who does not have the opportunity to appear before the body of the civil registry shall be notarially certified.
4. The dissolution of a marriage on application by one of the spouses, regardless of whether the spouses have common minor and disabled adult children is made by authority of REGISTRAR, if the other spouse: 1) is recognized by (a) the Court missing;
2) recognized (a) incompetent;
3) (a) is convicted of an offence to imprisonment for a term not less than three years.
In case of dissolution of the marriage on grounds provided for by this part, the statement a copy of the Court's decision on the recognition of the other spouse (spouse) incompetent or missing either an extract of the sentence of condemnation of the other spouse (spouse) to imprisonment for a term not less than three years.
5. State registration of divorce and divorce upon application by one of the spouses shall be made in the presence of a spouse who has (caller) statement within two months from the date of filing of the petition for divorce if the other spouse (s) convicted of an offence to imprisonment for a term not less than three years, and if he (she) is recognized by (a) the Court incompetent or missing -After one month.
6. the REGISTRAR accepting the petition for dissolution of marriage, within three working days notify the spouse, jailed, or guardian of an incapacitated spouse, or an asset manager missing spouse about the statement, and the date fixed for the dissolution of marriage and State registration of dissolution of marriage, and in their absence-the Agency of guardianship and curatorship.
7. Dissolution of marriage and State registration of dissolution of marriage shall be made by the authority of the REGISTRY OFFICE in the place of residence of the spouses (one of them).

8. Dissolution of marriage and public divorce registration certificate of dissolution of marriage shall be made after the expiry of two months from the date of filing an application with the authority of the CIVIL REGISTRY.
If there are valid reasons, and also in the case provided for in paragraph 3 of this article, the period is extended to three months.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) article 26. Divorce court. Registration of divorce 1. Divorce proceedings before the Court in the order established by the lawsuit the civil procedure legislation of Turkmenistan.
2. Divorce Court occurs when: 1) the spouses have common minor and disabled adult children as well as the absence of consent by one of the spouses to the dissolution of the marriage, except as provided by part one of article 23 and part of the fourth article 25 of this code;
2) there is a dispute about joint assets;
3) any guardian of divorce persons recognized incapable by court, except as provided by paragraph 2 of article 23 of this code;
4) any statement of divorce has been convicted to deprivation of liberty for a crime.
3. Divorce Court is made in the case where one spouse, despite the absence of any objection, refuses to divorce CIVIL REGISTRY authority (does not want to appear for the filing of a joint declaration of divorce by mutual consent of the spouses, etc.).
4. the marriage is terminated in the following cases: 1) If a court found that continue to live together and preserve the family have become impossible;
2) if measures to reconcile the spouses have proved ineffective and the spouses (one of them) insist on dissolution of the marriage;
3) absence of one of the spouses (failure to appear is not known place of residence, etc.).
5. State registration of dissolution of a marriage on the basis of a court decision with the issuance of a certificate of dissolution of marriage is made by authority of the REGISTRAR on the application of the spouses (one of them) or on the application of the guardian of an incapacitated spouse's place of residence of the spouses (one of them) or at the place of judgment.
6. the spouses (all of them) or the guardian of an incapacitated spouse may in writing authorize other persons to apply for State registration of dissolution of marriage. In this case, the spouse's signature or guardian of an incapacitated spouse must be notarially certified.
7. On the page to mark in your Passport (or his successor) divorced persons, is marked (write) about the divorce registration, indicating the place and time of the registration of dissolution of marriage, the selected names, which will be referred to a spouse after divorce registration.
(As amended by the law of Turkmenistan dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 27. The duty of the Court in a case of divorce 1. In the case of divorce, the Court is obliged to: 1) take measures to reconcile the spouses and the preservation of the family, where necessary, postponing consideration of the case and the period for spouses to reconciliation within six months;
2) figuring out the couple with whom of them staying underaged and disabled adult children and payment of funds on minors and incapacitated adults or children spouse (spouse), existence of a dispute about the property. In doing so, the Court must take into account the best interests of the child;
3) determine at the request of the spouses (one of them) which parent will be staying underaged and disabled adult children after divorce, with whom the parent and how much alimony is exacted, to the Division of property;
4) determine, upon the request of a spouse who has the right to receive maintenance, the size of the content.
2. in the event of the mutual consent of the spouses to the dissolution of the marriage and the absence of a dispute between them that the deadline for the dissolution of marriage shall be established within three months.
3. If the Division of property, affect the interests of third parties, the Court is obliged to allocate a separate production of the requirement of section property.
 
Article 28. The time of the dissolution of marriage at its dissolution of marriage shall cease as of the date of State registration of its dissolution in registry offices, except in the case specified in article 34 of this code.
 (As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) article 29. Marriage restoration in case of the appearance of a spouse declared dead by a court or is declared missing by a court 1. Marriage is restored in case of the appearance of a spouse declared dead by a court, and the decision of the Court declaring him dead if spouse has not concluded (not concluded) marriage.
2. marriage shall be restored to the civil registry of the body the joint statement of the spouses in the case of the appearance of a spouse declared missing by a court, and the Court's decision to cancel its recognition as missing, as well as upon termination of the authority of the REGISTRAR signed with him (her) a marriage, if the spouse has not concluded (not concluded) marriage. In this case, entry of the dissolution of a marriage is annulled.
 (As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118)
 

Article 30. Spouse's right to choose a family name, upon dissolution of the marriage if the marriage spouse has the right to choose a family name or keep the name, selected at the time of marriage. If you select the premarital surname he (she) must declare this when registering the dissolution of marriage, what an appropriate entry is made.
 
Article 31. Notice of divorce Registration Authority, which performed State registration of dissolution of a marriage, is obliged to notify the authority of the CIVIL REGISTRY, which performed State registration of the marriage.
 
Chapter 6. Nullity of marriage, article 32. Grounds for annulment of marriage 1. A marriage may be annulled in the following cases: 1) violation of the terms of marriage laid down in articles 15, 16 and 20 of the present code;
2) marriage under coercion or deception, as well as marriage;
3) the existence of the circumstances stipulated in article 21, paragraph 3 of the present code.
2. If at the time of consideration of the case about annulment ceased circumstances prevented the conclusion of the marriage, it may be deemed valid since those circumstances have ceased to exist.
 
Article 33. Order of annulment 1. Annulment is realized by judicial procedure.
2. Nullity shall be entitled to require the spouses (one of them) or a person whose rights have been violated by the conclusion of the marriage, as well as the agencies of tutorship and guardianship or the Prosecutor.
3. the Court of justice within three working days from the date of entry into force of the court verdict of annulment is obliged to send the extract of the decision in the body REGISTRY OFFICE at the place of State registration of the marriage.
Annulment is considered from the date of the marriage.
 
Article 34. Presumption of invalidity of marriage if the spouses when a marriage did not know about the circumstances of their marriage, he shall cease as from the moment of establishing such circumstances in court, but before the termination of the marriage of a person entering into it, engage family rights and responsibilities as when an actual marriage.
 
Article 35. Invalidation of marriage contract with a person under marriageable age 1. Foreign marriage with a person under marriageable age may be found by a court to be invalid, if required by the interests of the spouse, the person who entered into marriage before reaching the age of marriage.
2. Right to claim the annulment on this base have a spouse who has not attained marriageable age, his or her parents or guardian, the public prosecutor, as well as the Department of custody and guardianship.
3. If the spouse at the time of consideration of the case has reached the age of marriage, a marriage can be annulled only by his (her) request.
 
Article 36. Invalidation of marriage concluded under duress or fraud 1. If married under duress or deception, he may be declared void by a court, upon application by the spouse or the Prosecutor.
2. the fact of marriage under coercion or deception should be set by the Court.
 
Article 37. Invalidation of marriage 1. Sham marriage may be declared invalid by the courts.
2. A marriage may not be recognized as a sham, if persons who have it, until the trial actually created the family.
3. A claim for the recognition of the marriage invalid the Prosecutor may bring.
 
Article 38. Annulment of in connection with preventing circumstances 1. Marriage registered in violation of the conditions provided for in article 20 of this code, may be declared by a court to be invalid.
2. the Court can recognize the marriage valid if at the time of the trial the circumstances have ceased to exist, which have impeded its conclusion, since the removal of these circumstances.
3. The couple and the person whose rights have been violated, the agencies of tutorship and guardianship, as well as the Prosecutor may bring an action for annulment of the marriage on these grounds.
 
Article 39. The consequences of nullity 1. Marriage is recognized as invalid, does not give rise to rights and responsibilities of spouses established by this code, except as provided for in the fourth and fifth parts of the present article.
2. in recognition of the marriage invalid the decent spouse (husband), who did not know and could not know about the circumstances, impedimental to marriage has the right to the content of the other spouse in accordance with articles 60, 61 of the present Code, and when the Division of joint property to annulment of due to it in accordance with articles 56-58 of this code.
3. The property relations of persons whose marriage declared invalid shall be governed by the procedure established by civil legislation of Turkmenistan.
4. the recognition of the marriage invalid does not affect the rights of children born as a result of this marriage.
5. A bona fide spouse are entitled to recognition of the marriage invalid the store a surname chosen by him (her) at the State registration of the marriage.
 
Article 40. Reparation (harm) caused faithful spouse bona fide spouse, whom by marriage invalidated, damage caused by property damage (damage), have the right to demand compensation in court.
 

Article 41. Inadmissibility of annulment of marriage after the death of the spouses cannot be demanded annulment of the marriage after the death of both spouses.
 
Article 42. The conclusion of a new marriage when the invalidity of the concluded marriage Person whose marriage annulled, marrying again in a general way, if justifying, which signed the marriage was annulled.
 
Chapter 7. Marriage contract Article 43. Marital property contract 1. A prenuptial agreement is an agreement voluntarily concluded by persons wishing to enter into marriage or spouses, indicating their property rights and responsibilities in the marriage and/or in the event of its dissolution.
2. Standard form of contract approved by the Cabinet of Ministers of Turkmenistan.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 44. Conclusion of marriage contract 1. The marriage contract is concluded in writing and is subject to notarization.
2. A marriage contract may be concluded prior to the State registration of the marriage, or at any time during the period of marriage.
A marriage contract signed prior to the State registration of the marriage, shall enter into force on the date of State registration of the marriage.
3. the marriage contract, not in the prescribed form, is recognized as invalid.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 45. The content of the contract 1. On the basis of a marriage contract, the spouses are entitled to change the established by the legislation of Turkmenistan joint spousal ownership, set the mode of a joint, shared or separate property to the joint property acquired during the marriage, or to specific species or property of each spouse.
A marriage contract may be concluded both in respect of existing and on future property of the spouses.
2. the spouses shall have the right to determine the marriage contract their rights and duties by mutual content; How to participate in the earnings of each other; procedure for incurring each family expenses; identify the property that will be transferred to each of the spouses in the event of divorce, as well as any other proposals concerning the property relations of spouses, which do not contradict the legislation of Turkmenistan.
3. the rights and obligations provided for in the marriage contract, may be limited to certain terms or be made dependent on offensive or non-occurrence of certain conditions.
4. A marriage contract may not restrict the legal capacity or spouses, their right of recourse to the courts for protection of their rights, to limit their right to regulate personal non-property and property relations between spouses, the rights and duties of spouses in relation to children, include provisions restricting the right of an incapacitated spouse in need of maintenance, and contain other conditions that pose one of the spouses in an extremely disadvantageous position or contradict common origins and meaning of family legislation of Turkmenistan.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 46. Modification and termination of the contract 1. A marriage contract may be modified or terminated at any time by agreement of the spouses. Change agreement or dissolution of a marriage contract is made in the same form and in the same order as the marriage contract.
Unilateral refusal to perform or modify the marriage contract is not allowed.
2. At the request of one of the spouses a marriage contract may be changed or cancelled in accordance with the Court's decision on the grounds and in the manner established by this code and the laws of Turkmenistan.
3. the contract shall be terminated with the termination of the marriage in accordance with article 28 of the present code.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 47. Recognition of marriage contract invalid 1. A marriage contract may be declared by a court to be invalid wholly or partially on grounds provided for by the legislation of Turkmenistan for the invalidity of transactions.
2. the marriage contract can also be found by a court to be invalid in full or in part, in violation of the requirements of the fourth part of article 45 of this code on the claim of the spouses (one of them), if the conditions of the marriage contract put the spouse in a very disadvantaged position, as well as on the claim of the creditors in case of violation of the requirements set forth in article 48 of this code.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 48. Guarantees of the rights of creditors at the conclusion, modification or dissolution of the marriage contract, each of the spouses shall be obliged to notify its creditors regarding the conclusion, modification or dissolution of the marriage contract. When the default of this obligation the debtor spouse is liable for its obligations regardless of the content of the marriage contract.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) section III. The rights and duties of spouses Chapter 8. Personal rights and duties of spouses, article 49. The emergence of the rights and responsibilities of spouses
 

The rights and obligations of spouses arise from the moment of State registration of the marriage REGISTRY OFFICE of the authority.
 
Article 50. Equality of spouses ' rights 1. Family relations, spouses have equal personal and property rights and obligations.
2. Issues of motherhood, fatherhood, parenting, education and other issues of family life are resolved jointly by the spouses on the basis of the principle of equality of the spouses.
3. Their relationships in the family spouses are obliged to build on the basis of mutual respect and mutual assistance, promote well-being and strengthen the family, to care for the welfare and development of their children.
4. Each of the spouses is free to choose an occupation, profession and place of residence.
 
Article 51. The right to choose spouses names when the State registration of the marriage, the spouses upon marriage to choose the surname of one of them in as a common surname, or each of the spouses keeps his family name.
 
Chapter 9. Property rights and obligations of the spouses Article 52. The common joint property of spouses 1. Property (immovable and movable things, including money and securities), acquired by the spouses during the marriage, regardless of who of the spouses it was acquired or for whom or by whom a spouse made money, is their joint property.
2. the joint property of the spouses also include the income of each of them, referred to in paragraph 28 of the first paragraph of article 1 of the present Code, received pensions, State allowances and other moneys, not having a special purpose (the amount of material assistance, the amounts paid in compensation (injury) in connection with disability due to injury or impaired health, and others).
 
Article 53. Possession, use and disposal of joint property 1. Spouses have equal rights to possess, use and dispose of joint property.
2. spouses have equal rights to common property and when one of them was busy with housework, caring for children or for other valid reasons did not have an independent income.
3. when making one of the spouses deal for disposition of the common property of the spouses of movable, it is assumed that he is acting with the consent of the other spouse.
Transaction soveršënnaâ by one of the spouses on the disposition of the common property of the spouses of movable, can be nullified by a court on the grounds of absence of consent of the other spouse only at his request, and only if it is proved that the other party to the transaction knew or should have known about the disagreement of the other spouse to the transaction.
4. For the purpose of committing one of the spouses transactions for the disposition of real estate transactions and transactions requiring notarial authentication and (or) registration in the order established by the legislation of Turkmenistan, it is necessary to obtain the consent of the other spouse.
Spouse's signature, does not have the ability to personally express consent to the transaction must be notarially certified.
Spouse whose consent to commit the transaction has been received, has the right to demand recognition of agreement as invalid by the Court within one year from the day when he knew or should have known about committing the transaction.
5. In individual cases, the Court may derogate from equality of the spouses ' shares, taking into account the legitimate interests of minors and disabled adult children or meriting the attention of, the interests of one of the spouses, i.e. the share of one of the spouses may be increased, if the other spouse shied away from useful work or has joint property damage (harm) the interests of the family.
 
Article 54. Property of each spouse 1. Property belonging to the spouses before marriage as well as received by them during the marriage as a gift or inheritance, is owned by each of them.
2. Things for individual use (clothing, footwear, etc.), except for jewelry and other luxury items purchased during the marriage at the expense of the general funds of the spouses are recognized as the property of the spouse who used them.
 
Article 55. Recognition of property of each of the spouses, their common joint property Property of each of the spouses may be recognized by their common joint property if the Court found that during the marriage were made inseparable attachment significantly increased the value of this property (major overhaul, completion, alteration, etc.).
 
Article 56. Section 1 of joint property of spouses. Section of joint property of spouses may be done both during marriage and after its dissolution at the request of the spouses (one of them).
2. the joint property of the spouses may be divided among themselves. At the request of the spouses property sharing agreement can be notarized.
3. in the event of a dispute section of joint property of spouses, as well as the definition of spouses ' shares in the property are made in court.
4. When the Division of joint property of the spouses, upon their request, the Court shall determine what property be transferred to each of them. If one of the spouses is transferred the property whose cost exceeds the amount due to him share, the other spouse may be awarded appropriate monetary or other compensation.

5. the Court may recognize property acquired by each spouse during their separation at the termination of family relations, property of each of them.
6. In the case of the Division of joint property of spouses during marriage Ta part, which was not divided, as well as the property acquired by the spouses during the marriage in the future, constitute their common joint property.
7. The requirements of Division of joint property of spouses whose marriage has been dissolved, a three year limitation period applies.
 
Article 57. Division of property required for the professional activities of spouses upon Division of joint property of spouses things necessary for professional activity (musical instruments, medical supplies, machines, etc.) purchased during the marriage to the general funds of the spouses shall be transferred to the spouse that they are necessary for its activities in its share of their joint property.
 
Article 58. Registration of legitimate interests of minors and incapacitated adults children section of common joint property 1. Things purchased solely to meet the needs of minors and incapacitated adults children (clothing, shoes, school and sports equipment, musical instruments, children's library, personal jewelry, etc.) are not subject to Division and transferred without compensation to the spouse with whom the children live.
2. Deposits made at the expense of the joint property of the spouses or one of them, addressed to their under-age and disabled adult children, are considered as belonging to these children and not included in the Division of joint property of spouses.
 
Article 59. Procedure for covering debts of one spouse 1. Spouses ' debts are divided between them commensurate with their share of the joint property.
2. in order to cover the debts of one spouse exaction can be applied on his personal property or for his share in joint property, which he would have received in the event section.
3. Enforcement of joint property of spouses with regard to the debts of one of them may, if the Court determines that all the resulting obligation has been used them for his family.
4. Enforcement of the joint property of the spouses for compensation of damage (harm) caused offence by one of the spouses is acceptable only if the Court establishes that the property was purchased with the funds raised as a result of the offence.
 
Chapter 10. The duty of the spouses (former spouse) by mutual content and exemption from this obligation, Article 60. The duty of the spouses by mutual content 1. Spouses are obliged to reciprocally contain one another.
2. in case of failure of one spouse from the content of the other spouse or the absence of a marriage contract, providing for the condition by mutual content disabled spouse in need of maintenance, a spouse during pregnancy and before reaching their common child age three years, as well as the former spouse (spouse), taking care of a common child disabled child and a disabled child up to the age of sixteen years shall be entitled to require the provision of detention in court.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 61. Entitled former spouse to mutual maintenance after termination of marriage 1. Entitled former spouse to mutual maintenance after divorce arises in cases where: 1) incapacity of the former spouse has occurred during marriage or within one year from the date of dissolution of the marriage;
2) the spouses were married for a long time and for a period of five years after the dissolution of the marriage, the former spouse has reached the age of retirement;
3) former spouse, pregnancy which occurred before the dissolution of the marriage, raising their child from birth up to the age of three years;
4) ex-spouse cares for common child disabled child and a disabled child up to the age of sixteen.
2. The size of the content and its provision may be determined by agreement between the former spouses.
3. disputes between former spouses in regard to mutual maintenance after termination of marriage are resolved in the courts.
 
Article 62. The release of former spouse from the obligation to content of the former spouse if the spouses were married for a short time or require the content of the former spouse behaved unworthily during married life or his (her) inability to work has occurred as a result of abuse of alcoholic beverages, the illicit use of narcotic drugs or psychotropic substances or to commit them (it) an intentional crime, the Court may release former spouse from the obligation to content of the former spouse or with the account of his (her) material and family provisions limit this duty certain for a period.
 
Article 63. Sizing content 1. The amount of maintenance is determined by agreement of the spouses (former spouse), and in the absence of the consent of the court taking into account their financial and family situation.
2. In the event of a change in the material and family situation of one of the spouses (former spouse) each of them shall have the right to apply to court with a lawsuit about resizing the content.
 

Article 64. Termination of the rights to the content of 1. The right to maintenance of one spouse if the other spouse fell away conditions which constitute the basis for its receipt in accordance with article 60 of this code, or if the former spouse receiving maintenance, will enter into a new marriage.
2. In cases if the content were charged by court order, the spouse is required to pay it, may apply to the Court for the release of his (her) from further payment of maintenance.
 
SECTION IV. RELATIONSHIP BETWEEN parents, children and OTHER RELATIVES Head 11. The establishment of origin of the child.
State registration of the birth of the child, article 65. The emergence of reciprocal rights and duties of parents and children the mutual rights and obligations of parents and children arise from the moment the identity of origin of the child in the manner prescribed by the legislation of Turkmenistan.
 
Article 66. The order of State registration of birth child 1. The birth of a child is subject to state registration at the body of the REGISTRAR in the prescribed manner.
2. the basis for the State registration of the birth of a child is one of the following documents certifying the fact of birth of child: 1) document in the prescribed form on the birth of the child issued by a medical institution, in which there were births;
2) document of the medical institution about the birth of the child, the medical professional which provided medical assistance in childbirth outside of this institution or medical institution in which the mother after childbirth;
3) statements of a person who at the time of birth of a child born outside a medical facility (without medical assistance).
The basis for the State registration of the birth of a child may be other legal proof of birth.
3. If one of the documents referred to in paragraph 2 of this article, a statement of State registration of the birth of a child in the body of the REGISTRAR serves: 1) the child's parents (or one parent);
2) relatives, neighbours, the administration of child medical institution in which the child was born, or the tutorship or guardianship agency or other person-when ill or otherwise, to apply.
A statement in writing to the authority of the REGISTRY OFFICE at the place of birth of the child or the place of residence of his or her parents (or one of them) not later than one month from the date of birth of the child.
In the event of the birth of the dead child statement served not later than three working days from the date of delivery.
4. State registration of birth at the request and on the basis of the statements of the persons specified in section 3 of this article shall be made in a solemn atmosphere.
5. In the absence of grounds for the State registration of the birth of the child, as provided by paragraph 2 of this article, the State registration of the birth of a child is made on the basis of a court decision on establishment of the fact of birth of a child.
6. In the absence of the mother child passport (or alternate) State registration of birth of a child is made on grounds specified in the first paragraph of article 68 of the present Code, in the absence of such grounds-by court decision on establishment of the fact of birth of a child.
7. lack of residence parents (one of them) of a child at their place of residence or registration at the place of residence may not serve as grounds for refusal in State registration of birth of a child. In this case, the registration of the birth of a child is made at the place of birth of the child or at the place of residence of his or her parents (or one of them).
8. the State registration of the birth of a child, left her mother, claiming party with no passport (or similar document) in the medical institution where the child was born, or in which the mother after delivery, is carried out on the basis of statement of State registration of the birth of a child the administration of the medical institution where the child resides, or the Agency of guardianship and curatorship at the place of location of the child no later than seven calendar days from the date of the abandonment of his mother.
The statement of State registration of birth attached document specified in paragraphs 1 or 2 of part two of this article, as well as Act in the prescribed form on the abandonment of the child, issued by the medical institution in which the child resides.
Information about the surname, first name and middle child, abandoned her mother, entered into the record of birth of the Child Act on representation of the body or institution specified in this part. The State registration of the birth of such child for information about his parents in writing of the Act of birth of the child are made. At the State registration of the birth of a child in that order and no information about parents in the Act of birth of the child the child's nationality is determined by his desire for issuing him a passport.
9. State registration of birth found (have simply been dumped) a child whose parents are unknown shall be made on an application for the State registration of the birth of the internal affairs authorities, agencies of tutorship and guardianship or administration of medical institutions, social service agencies and other institutions, which placed child, no later than seven calendar days from the date of discovery of the child.
A person, as a child, has the obligation to immediately declare this in the body of the Interior or the Agency of guardianship and curatorship at the place of a child's discovery.

Simultaneously with the application for State registration of birth must be submitted: 1) the document confirming the discovery of the child issued by the relevant authority of the Interior or the Department of custody and guardianship, indicating the time, place and circumstances in which the child is found;
2) document issued by a medical institution confirming the age and gender of the najdënnogo (have simply been dumped) child.
Information about the surname, first name and middle name, date of birth found (have simply been dumped) children are entered into the record of such birth child act at the direction of the authority or agency referred to in this part. The State registration of the birth of such child for information about his parents in writing of the Act of birth of the child are made. At the State registration of the birth of a child in that order and no information about parents in the Act of birth of the child the child's nationality is determined by its request when applying for a passport.
10. the refusal of the authorities in making application for the State registration of the birth of child, filed later than the timescales specified in parts of the third, eighth and ninth of the present article shall not be permitted.
11. the State registration of the birth of a child who has reached the age of sixteen years shall be made on the basis of a court decision.
12. when identifying inaccuracies and obscurities or irregularities in the submitted for State registration of birth documents mentioned in this article, the institution issuing them, are obliged to make appropriate changes, additions and/or corrections.
If the mother of the child, previously changing his last name and/or first name, patronymic, not changed passport (or similar document), a document confirming the fact of birth of the child, on the basis of a written document it changed last name and/or first name and patronymic.
13. If there are grounds and in the absence of a dispute between the stakeholders of the changes, additions and (or) corrections to such documents is carried out by institutions, issuers of these documents.
14. Refusal of the institutions issuing the document of changes, additions and (or) corrections can be challenged in the courts.
15. disputes between stakeholders on changes, additions and/or corrections to such documents shall be settled in the courts.
16. Forms of the documents about the birth of the child, referred to in paragraphs 1 and 2 of part 2 of this article, as well as an act of abandonment of children, as specified in paragraph two of part 8 of this article, the form of the document, issued by a medical institution confirming the age and gender of the najdënnogo (have simply been dumped) a child referred to in paragraph 2 of this article of the ninth are approved by the Ministry of health and medical industry of Turkmenistan.
Form of instrument about the detection of a child referred to in paragraph 1 of this article of the ninth issued by internal affairs body, approved by the Ministry of Internal Affairs of Turkmenistan, and issued to the Agency of guardianship and curatorship-Ministry of education of Turkmenistan.
17. the place of birth of a child is considered to be the place of his actual birthday. At the State registration of the birth of a child in cases specified in parts of eighth, ninth of this article, the place of birth of the child's birth certificate record indicates the place of State registration of the birth of the child.
(As amended by the law of Turkmenistan on March 1, 2014 and October 24, 2015-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50;, no. 2015 _ calendar _) article 67. Record of birth of the Child Act, the State register the birth of a child his surname, name and patronymic, information about its parents are entered in the record of the Act of birth of the child, in accordance with articles 68-70, 73, 82 of this code.
 
Article 68. The establishment of origin of the child 1. The origin of the child from the mother body set REGISTRY OFFICE on the basis of documents confirming the birth mother in a medical institution, and, in the case of a birth outside a medical institution-based on medical documents, testimony or other legal proof of birth of the child.
2. On the birth of the child from parents who are married to each other, the father of the child is recognized as a spouse of the mother and child if the mother is not married and the child was born within 300 days from the date of divorce, annulment of marriage or from the date of death of the spouse, the mother of the child, the father of the child is recognized as the former spouse of the mother, if in accordance with paragraph 3 of this article and article 74 of this code has not been proven otherwise.
The paternity of the husband of the mother against child, which verifies the authority of the Registrar.
3. If the mother of the child in writing declares that the father of the child is not her spouse (former spouse), the paternity of the child is determined on the basis of the statements made by the child's mother and his actual father in accordance with article 69 of this code. While her request may be granted only if there is a written statement about this the mother and her spouse/ex-spouse or court decision that has entered into force declaring dead or recognition as missing her spouse/ex-spouse. Fatherhood when refusing spouse/ex-spouse from making such declaration, or lack thereof, as well as in disputes between a mother and her spouse (former spouse) with regard to paternity has been challenged in the courts, in accordance with article 74 of this code.
 

Article 69. The procedure for establishing the paternity of a child and registration 1. Establishing paternity in respect of the child shall be made on the basis of a joint application of the parents, the civil registry authority or by a court decision and in cases of the death of the mother, recognition of mother incapacitated, deprivation of her parental rights, the impossibility of establishing the seat of the mother or her residence-according to a statement from the father of the child.
2. the filiation of a person not married to the mother of a child is made on the basis of the Joint Declaration in the body of the REGISTRAR of that person and the mother of the child, and, in the event of death of the mother, recognition of her incompetence, deprivation of her parental rights, the impossibility of establishing the seat of the mother or her residence-based on the statements of the person wishing to establish the paternity of the child, if the child is below the age of eighteen years with the consent of the Department of custody and guardianship, and in the absence of such consent, on the basis of a court decision.
If a person wishing to establish paternity of the child has no chance to be in the body, it may send a statement of paternity. In this case, the statement of the person's signature must be certified by a notary.
3. If there are circumstances which give reason to assume that the Joint Declaration of paternity after birth may be impossible or difficult, persons wishing to establish paternity on the future of a child are not married may file such a statement within the body of the REGISTRAR during the pregnancy.
4. Establishing paternity in respect of a person who has reached the age of eighteen years shall be allowed only with his/her consent, and if it is recognized incapable by court, with the consent of his guardian or guardianship authority.
5. State registration of paternity is made in the body of the CIVIL REGISTRY OFFICE at the place of residence of one of the parents or of the child's birth place or the place of the judgment of the Court establishing paternity or recognition of paternity.    
6. lack of fact residence parents (one of them) of a child at their place of residence or registration at the place of residence may not serve as grounds for refusal in State registration of paternity of a child. In this case, the registration of paternity of a child is made on the child's birth place or the place of the judgment of the Court establishing paternity or recognition of paternity.
7. State registration of paternity on the basis of a court decision establishing paternity or recognition of paternity is made on the application of the mother (father) of the child or the child's guardian or a person who is dependent on the child, or the child who has reached the age of eighteen years.
If that person is not able to appear before the body of the REGISTRAR for filing such an application, it may send an application for State registration of paternity. In this case, the statement of the person's signature must be certified by a notary.
 
Article 70. How to make information about parents child record the Act of birth of the child 1. In an act of child's birth record information about his parents are made on the basis of marriage certificate.
2. If the parents are not married to each other, information about the mother of the child shall be entered in the record of birth of the Child Act, according to a statement from his mother and father-child information on the joint statement of the father and mother of the child, or upon application by the father of the child, in accordance with paragraph 1 of article 69 of this code, or information about the father are recorded on the basis of a court decision.
3. In the case of the birth of a child to a mother who is not married, in the absence of a joint declaration by the parents or, in the absence of a court decision establishing paternity or recognition of paternity, the child's father's name is entered into the record of birth of the Child Act on the mother's surname, name and patronymic of the child's father on her instructions, nationality and citizenship, nationality and the nationality of the mother. Incorporated the information does not constitute an obstacle to the solution of the question of paternity. If the mother refuses to specify information about the father of the child, in the column "father child" put a dash.
4. If paternity was justiciable, information about the father of the child shall be placed in the record the Filiation Act and record the Act of birth of the child based on the information specified in the Court decision establishing paternity or recognition of paternity.
5. the REGISTRAR, registering the birth of a child, on the basis of the Act of birth of the child writes in the passports of the parents children information about the child.
If you register the birth of a child in the passports of the parents of the child were not recorded information about the child, as well as having parents new Passport information about child written authority of REGISTRAR, registering the birth of a child, or REGISTRY OFFICE at the place of residence of parents (one of them) of the child based on the child's birth certificate.
 
Article 71. Filiation by judicial procedure
 

1. In the case of birth of persons not married to each other, and in the absence of their joint declarations or the child's father, paternity is established judicially upon application by one of the parents, tutor or guardian of a child or upon the application of a person who is a dependent child, or upon the application of the child who has reached the age of eighteen years.
2. in establishing paternity, the Court takes into account the shared accommodation and maintenance of common household child and the defendant's mother before the birth of the child or his upbringing or maintenance or other legitimate evidence reliably proving the recognition of paternity by the defendant.
 
Article 72. Determination of paternity in the event of the death of a person who recognized himself the father of the child, but was not married to the mother of the child, recognition of paternity may be established judicially in accordance with the civil procedure legislation of Turkmenistan.
 
Article 73. Issuance of certificates to establish paternity and child's birth certificate for the State registration of paternity ZAGS bodies are a record of the Act establishing paternity and make appropriate changes to the record of an act of birth of the child, shall issue a certificate of filiation and the new birth certificate of the child.
 
Article 74. Contesting of paternity (maternity) 1. Record the Act of birth of the child is proof of origin specified in the child from the parents (or one of them).
2. contestation of paternity (maternity), consisting contestation information about parents (one of them) child sent to record birth child act judicially.
3. The person recorded as the father (mother) of the child or the person who is the de facto father (mother) of the child, the child itself upon reaching the age of eighteen, a guardian of the child in the event of the death of the mother (father) or deprivation of her (his) of parental rights, a trustee of a parent recognized incapable by court, a person who is a dependent child, spouse (former spouse) the mother of the child, the right to challenge the record produced in court.
4. The person recorded as the father (mother) of the child, in his (her) statement or joint statement, is not entitled to contest paternity (maternity), if at the time of submitting the application (s) it was known that he (she) is not actually the father (mother) of the child.
5. Husband, giving his consent to artificial insemination of his wife using a donor is the father of her child born and is not entitled to contest entry produced in court.
 
Article 75. The rights and duties of the child born of parents not married to one another in establishing paternity in the manner provided by paragraph 3 of article 68 and articles 69-73 of this code, a child born of parents not married to one another, have the same rights and duties towards their parents and relatives as a child born from persons, married to one another.
 
Article 76. Changes to the record of an act of birth of the child of the person, peremenivšego surname, name, patronymic of the 1. With the change of surname, name, patronymic of the parents of the child who has not attained the age of eighteen, in the Act of birth of the child change information about his parents.
2. In the Act of birth of the child information about parents of a person who has reached the age of eighteen years, change his statement in an order stipulated by the present Code, to make changes, additions and/or corrections to the record of civil status acts.
3. When changing the names of both parents and the name of the father of a child who has not attained the age of eighteen, in the Act of birth of the child change name and patronymic of the child.
4. When changing the names of one of the parents of a child who has not attained the age of eighteen, the child's surname may be changed by agreement between the parents or, in the absence of such agreement, at the direction of the Department of custody and guardianship.
5. change the names and (or) patronymic of a person who has reached the age of eighteen years, in connection with the transfer of the names of his parents and (or) the name of the father is made in the manner prescribed by this code for the State registration of changes of surname, name and patronymic.
6. on the basis of the changes in the Act on birth record child who has not attained the age of eighteen, issued a new birth certificate.
 
Chapter 12. The rights of the child, article 77. The equality of the rights of the child 1. All children living in Turkmenistan have equal rights irrespective of nationality, race, sex, language, attitude towards religion, social origin, wealth or other status, education and residence for themselves and their parents, from the circumstances of their birth, State of health or other circumstances.
2. The child has the right to enjoy all the rights and freedoms granted to him. Implementation of rights and freedoms should not have harmful effects for the life, health, education and the full development of the child.
3. equality of rights of the child is guaranteed by the laws of Turkmenistan, this code and other normative legal acts of Turkmenistan, as well as the universally recognized norms of international law.
 
Article 78. Child's right to live and be raised in a family of 1. The child has the right to live in a family with their parents.

The child cannot be razlučën from his or her parents against his will, except for the cases stipulated by the legislation of Turkmenistan.
2. The child has the right to live and be raised in a family, to know his or her parents, the right to be cared for, to live with them if this is not contrary to the best interest of the child, to be raised by their parents, a full and prosperous development, respect for human dignity.
3. the place of residence of a child under seven years of age, or persons under guardianship (curatorship), recognized the place of residence of his or her parents, adoptive parents, tutor or guardian.
4. A child who is not living with their parents (one of them) has the right to maintain personal relations with them (one of them), get information about them, if it is not detrimental to (harm) a child's adoption be kept secret.
The State and its relevant organs towards the reunification of the family.
5. in the event of the death of parents, deprivation of parental rights, parental illness, their long absence, restriction of parental rights or if other valid reasons a child left without parental care, the child's right to education in the family is provided by the Department of custody and guardianship in the manner prescribed by Chapter 16 of this code.
 
Article 79. The right of the child to have contact with their parents (one of them) and close relatives and leaving Turkmenistan 1. Child (including an) has the right to communicate with their parents (one of them) and close relatives, including residing outside Turkmenistan. The parents ' divorce, annulment or separation of parents do not affect the rights of the child.
2. In the event of separation of the parents, including those living in different States, the child has the right to communicate with each of them.
3. A child in order to communicate with their parents (one of them) and close relatives living outside Turkmenistan has the right to leave Turkmenistan to him, accompanied by a legal representative or another person on the notarized power of attorney to his legal representative. In the absence of the legal representative of the child's departure may be allowed by the tutelage and guardianship authorities.
Refusal of permission to leave child may be appealed in court.
4. A child at the age of fourteen to eighteen years of age in order to live together with their parents (one of them) and close relatives have the right to leave Turkmenistan to them for permanent residence only with the consent of the child, expressed in writing and notarized ID.
5. In the case of divorce, parents of the child and the conclusion of their new marriage a child has the right to live with the stepfather (stepmother), living (living) outside Turkmenistan, with the consent of the former spouse of the mother (father) child, expressed in writing and notarized ID, leaving children from Turkmenistan in another State for permanent residence to the stepfather (stepmother), if it is not contrary to the best interest of the child.
6. Baby, located in difficult life circumstances (detainment, arrest, detention, being in hospital, etc.) has the right to communicate with their parents (one of them) and relatives in the order established by the legislation of Turkmenistan.
7. Differences on communication of children with parents (one of them) and close relatives, including residing outside Turkmenistan, as well as the departure of children from Turkmenistan for permanent residence in another State shall be resolved by the courts.
8. A child has the right to leave Turkmenistan to participate in sports competitions, cultural, musical and other events, as well as in cases of illness and other reasons, accompanied by a legal representative or another person on the notarized power of attorney to his legal representatives.
In the absence of the legal representative of the child's departure may be allowed by the tutelage and guardianship authorities.
Refusal of permission to leave child may be appealed in court.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) article 80. Child's right to protection of their rights and legal interests 1. The child has the right to defend his or her rights and legitimate interests. Protection of rights and legal interests of the child shall be carried out by the parents (one of them) or replacing their persons, and in cases stipulated by the given code, the Agency of guardianship and curatorship, the Prosecutor and the Court.
2. The child has the right to be protected from abuse by the parents (or one of them) or alternates.
In case of violation of rights and lawful interests of children, including non-fulfillment or improper performance by the parents (one of them) or replacing their persons, their responsibilities for the upbringing, education, child, or abuse their parental guardianship (care) rights, the child has the right to apply for protection of their rights and legitimate interests of the tutelage and guardianship authorities and other public bodies.

3. the officials and other citizens who are aware of the threat to the life or health of a child, about the violation of his rights and lawful interests are obliged to immediately inform the public prosecutor, as well as the Agency of guardianship and curatorship at the place where the child. Upon receipt of such information the Prosecutor, the Agency of guardianship and curatorship shall immediately take the necessary measures to protect the rights and legitimate interests of the child.
 
Article 81. Child's right to express their opinion 1. The child has the right to express their opinion concerning the settlement of any family matter that affects his best interests and to be heard in any judicial and administrative proceedings.
2. the account of the views of a child aged 10 years or older is required, except when this runs counter to the best interest of the child.
3. in the cases referred to in articles 83, 97, 114, 116, 127 of this code, the Agency of guardianship and curatorship or the Court may take a decision only with the consent of a child aged ten years.
 
Article 82. Child's right to identity and its preservation 1. Since the birth of the child has the right to preserve his or her identity, including nationality, nationality, first name, middle name, last name and family relations.
2. The name of the child is given by agreement of the parents.
3. Middle name is assigned to the child by the name of the father, and in the case provided for in part three of article 70 of the present Code, the name of the person who recorded the father of the child.
4. In the case at the request of the mother, is not married to the father of the child, information about the father of a child are not included in the record of the Act of birth of the child, the middle name, it can be given at the direction of his mother.
5. The surname of the child is determined by the family name of the parents.
6. A child is given the family name of the parents, if the parents are a common surname. When the parents have different names, as well as with the change of surname parents (one of them) by agreement of the parents, the child takes the surname of the father or the mother.
If the parents so wish, the child can be assigned to the last name on the name of the father or grandfather of the child as the paternal and maternal lines.
7. In the absence of an agreement between the parents on the name and/or surname of child disputes are resolved the Agency of guardianship and curatorship.
8. The nationality of the child is determined by the nationality of his parents. If the nationality of the parents is different, it is determined by the child's nationality upon request of the father or mother when issuing him a passport.
 
Article 83. The right of the child to the change of surname, name and patronymic of the 1. The child has the right to change the surname, name and patronymic.
2. the Joint Declaration of the parents before reaching the child age 18 years of tutelage and guardianship authorities taking into account the best interests of the child shall have the right to allow to change the name of the child, as well as change the assigned him the surname to the surname of the other parent or to a name on the father's name, grandfather of the child as the paternal and maternal lines.
Statement on the change of surname, name and patronymic of the child in relevant agencies of tutorship and guardianship. On the basis of the decision he change of name, name and patronymic of the child the appropriate organ of the REGISTRAR changes the corresponding certificates of civil status record and displays the new certificate.
3. Change of surname, name and patronymic of the child aged 10 years or older may be changed only with his consent.
4. when a child age 18 years of age he shall have the right to change the surname, name and patronymic, in the manner prescribed by article 190 of this code.
5. The persons referred to in parts of the second, third and fourth of the present article, if they have previously been assigned a middle name with the addition of the words "oglu", "qizi" or without adding them, writing his own name first, then middle initial, or without a patronymic, or without writing the names, are entitled to change the middle name and patronymic or surname attribution in the manner prescribed by the parts of third-seventh article 82 of this code.
6. Change the names of the parents (one of them) does not entail changes in the names of their children below the age of eighteen years.
7. Dissolution of marriage or annulment does not entail changes in the names of children.
8. If the parents live separately and the parent with whom the child lives, wishes to give it its name, the Agency of guardianship and curatorship resolves this issue taking into account the best interests of the child and the other parent's opinion. Account the views of the other parent is not required in case of impossibility of establishing his domicile or location, refusing to appear in the Department of custody and guardianship, deprivation of parental rights, recognition of his incompetent, as well as in cases of evasion of the other parent without good reason from participating in the upbringing and maintenance of children.
9. If the child is born to persons who are not married to each other and paternity has been established in the manner provided for in this code, the tutelage and guardianship authorities taking into account the best interests of the child, has the right to allow change his surname to the surname of the mother, which she wears at the time of the request.
 
Article 84. Property rights of the child 1. The child has the right to receive maintenance from their parents (or one of them) and other family members in the manner and amount prescribed by section VI of the present code.

2. alimony owed to the child content, placed at the disposal of one of the parents or alternates and must be used for the maintenance, upbringing and education of children.
The Court on the request of the parent obliged to pay alimony for minors and incapacitated adults, children have the right to decide to not more than 50 percent of the amount of child support to be paid to accounts opened in a credit institution addressed to minors and incapacitated major children, if it does not affect their normal maintenance and upbringing.
3. The child has the right of ownership to the property income, received as a gift or inheritance, as well as any other property purchased with funds.
Child's right to dispose of property belonging to him on the right of ownership is determined by the civil legislation of Turkmenistan.
When exercising the powers of the parents the child asset management are subject to the rules established by civil legislation of Turkmenistan regarding the disposition of property of the child.
4. A child has no right of ownership to property parents, parents do not have ownership of the property of the child. Children and parents living together, can own and use each other's property by mutual consent.
5. In the case of parents and children have the right of common ownership of their right to own, use and dispose of this property are defined by the civil legislation of Turkmenistan.
 
Article 85. Protection of the rights of the child to adequate education 1. The upbringing of the child within the family is recognized as a priority form to best ensure the rights and legitimate interests of the child, and may be terminated only in accordance with the legislation of Turkmenistan.
2. Unacceptable humiliation of the dignity of the child, bullying, corporal punishment, nothing but pain, damaging it (injury) mental or physical health.
3. A child left without parental care, the State provides family education form-adoption, guardianship or curatorship, or takes it in an appropriate children's institution, the institution of social services or other institution fully maintained by the State.
4. The State shall protect the child from all forms of ill-treatment by the parents (or one of them) or other persons responsible for raising and caring for it, performs appropriate supervision over appropriate terms and conditions of custody (guardianship).
 
Chapter 13. Parental rights and responsibilities Article 86. Equality of rights and responsibilities of parents 1. Parents have equal rights and duties towards their children.
2. Parents have equal rights and duties towards their children, and when the marriage between them is dissolved.
3. parental rights provided for in this chapter shall be terminated in case of acquisition of children do not have full legal capacity.
 
Article 87. Rights of juvenile parents 1. Minor parents have the right to live together with the child and to participate in its upbringing.
2. Minor parents have the right to exercise parental authority over their children.
3. Before reaching parents of eighteen years of age may be appointed guardian of the child to education of a child with his parents, except in the case of emancipation in full volume in accordance with part 3 of article 15 of this code. Disagreements between the guardian of the child and the parents are resolved the Agency of guardianship and curatorship.
4. young parents have the right to accept or contest paternity (maternity), as well as to claim paternity of their children on the same basis in the manner prescribed by the legislation of Turkmenistan.
 
Article 88. Rights and duties of parents in respect of the child 1. Protection of rights and legal interests of the child rests with the parents.
2. parents, as legitimate representatives of the child, to protect its rights and interests in relations with third parties, including the investigation and in court.
3. parents may not represent the best interests of the child, if the Department of custody and guardianship is established that between the interests of parents and children disagree. In case of disagreement between the parents and child Department of custody and guardianship is obliged to appoint a representative for the protection of its rights and legitimate interests.
4. Parents have the right and duty to bring up their child, the guardian of his, to take care of his health, physical, mental, spiritual and moral development, taking into account his or her identity, age and sex to create conditions for the full and harmonious development of his personality, prepare to work to cultivate a culture of respect for the laws of it, historical and national traditions. Parents have a prior right to education children before all others.
Parents with taking into account the child's age and dispositive legal capacity to perform autonomous facilitate action aimed at the realization and protection of rights and legal interests of the child.
5. parents are obliged to ensure that their children receive a general secondary education. They are taking into account the views of children have the right to choose an educational institution and shape their learning.

6. Parents are responsible for the upbringing and development of the child.
 
Article 89. The exercise of parental authority 1. Parental rights may not be exercised in a manner contrary to the best interests of the child. The best interests of the child is the main concern of his parents.
2. In exercising their parental rights, parents should not cause harm (harm) physical and mental health of the child, his moral development. The manner in which a child must not include neglectful, brutal, rude or degrading treatment, insults or exploitation of a child.
Parents, causing harm (harm) in the best interests of the child shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
3. all matters relating to the upbringing and education of children are resolved by the parents by mutual agreement taking into account the best interests and the views of the child. Parents (one of them) in the event of a disagreement between them shall have the right to ask for their permission in the tutelage and guardianship authorities or in court.
4. The place of residence of the child when the parents live is determined by agreement between the parents. In the absence of an agreement, the dispute between the parents is settled by the court taking into account the best interests and the views of the child. In doing so, the Court shall consider the child's attachment to each of parents, brothers and sisters, the relationship between each parent and the child, an opportunity to create conditions for education and child development (occupation, working parents, material and marital status of parents, etc.).
 
Article 90. The participation of the non-custodial parent in the upbringing of the child 1. The parent living separately from the child has the right and the duty to participate in the child's upbringing, the child receives education and has the right to communicate with him. The parent with whom the child lives is not entitled to prevent the other parent from communicating with the child and to participate in its upbringing.
2. If the parents cannot come to an agreement on the participation of the parent living separately in the upbringing of the child, the order is determined by the Agency of guardianship and curatorship with parents and taking into account the best interests of the child.
3. The Department of custody and guardianship can at a certain period deprive a parent living separately from the child, the right to communicate with him, if such communication has caused damage to the physical and mental health of the child, the child's moral development.
4. In cases where parents do not fulfill the decision of the Department of custody and guardianship, the latter, as well as each of the parents may apply to the Court.
5. in default of the Court's decision to the perpetrator of the parent apply measures prescribed by the legislation of Turkmenistan.
6. When fraudulent default guilty parent of the decision of the Court, the parent living apart from taking into account the best interests of the child may apply to the Court for the transfer of the child to him.
7. the parent living separately from the child has the right to receive information about your child from social service agencies and other institutions. In the provision of information may be refused only if there is a threat to the life and health of the child from the parent. Refusal to provide information may be appealed in court.
 
Article 91. The right of grandparents by the father and mother, brothers and sisters, as well as other relatives to communicate with the child 1. Grandpa and Grandma by the father and mother, brothers and sisters, and other relatives have the right to communicate with the child.
2. In case of refusal of the parents (or one of them) from providing child relatives the opportunity to communicate with him the Department of custody and guardianship can oblige parents (one of them) do not interfere with this communication.
3. If the parents (or either one of them) are not subject to the decision of the guardianship authority, the child's relatives or a tutorship and guardianship agency may apply to the Court to remove obstacles to communication with the child. The court resolves the dispute taking into account the best interests and the views of the child.
4. In case of failure to execute a court decision to the perpetrator of the parent apply measures prescribed by the legislation of Turkmenistan.
 
Article 92. Protection of parental rights 1. Parents have the right to require the return of a child from any person holding him without lawful grounds or a court decision. In case of a dispute, the parents have the right to apply to the Court for protection of their rights.
In reviewing these claims, the Court is entitled to taking into account the views of the child refuse to claim parents if will come to the conclusion that the transfer of the child's parents could harm (harm).
2. If a court found that neither the parents nor the person with whom the child is not in a position to ensure its proper upbringing and development, then the child is transferred to the control of a guardianship and tutorship agency.
 
Article 93. Grounds for deprivation of the parents (or one of them) of parental rights the parents (one of them) may be deprived of parental rights if they: 1) without good reason refuse to take your child from the medical institution where the birth occurred, or other agencies;
2) evade parental duties or abuse their parental rights;
3) child cruelly, exercise physical and/or mental violence against them;
4) exert a harmful influence on their children by their immoral behaviour;
5) are sick alcoholism, drug abuse or addiction;

6) committed an intentional offence against the life and health of their child or spouse.
 
Article 94. Procedure for reviewing the cases on deprivation of the parents (or one of them) of parental rights 1. The deprivation of the parents (or one of them) of parental rights is realized by judicial procedure.
2. A claim for deprivation of the parents (or one of them) of parental rights may apply to the Court, the Commission on Juvenile Affairs Inspectorate of minors, guardianship and curatorship authority or agency to which the responsibility for the protection of the rights of the child, as well as the Prosecutor. One of the parents or an alternate person also has the right to seek redress in court to deprive the other parent of parental rights.
3. When considering the cases on deprivation of the parents (or one of them) of parental rights, the participation of the Prosecutor and representatives of the Department of custody and guardianship is required.
4. When examining the cases on deprivation of the parents (or one of them) of parental rights the Court simultaneously with the imposition of such a decision, decide on the recovery of maintenance for the child.
5. If the Court of Justice, when considering the cases on deprivation of the parents (or one of them) of parental rights finds the actions of the parents (or one of them) the characteristics of an offence, he shall so inform the Prosecutor initiates criminal proceedings either.
6. the Court of justice within three working days from the date of entry into force of the court verdict on deprivation of the parents (or one of them) of parental rights is obliged to send the extract of the decision in the body REGISTRY OFFICE at the place of State registration of the birth of a child, the guardianship authorities, social security body at the place of residence of the person, lišënnogo parental rights.
 
Article 95. Consequences of deprivation of the parents (or one of them) of parental rights 1. Parents (or one parent) deprived of parental rights lose all the rights based on the fact of relationship with the child, to which they have been deprived of parental rights, including the right to the substance in accordance with article 152 of the present Code, as well as entitlement to benefits and State benefits, established by the legislation of Turkmenistan for citizens with children.
2. deprivation of the parents (or one of them) of parental rights does not exempt them from the obligation to maintain their children.
3. The question of further cohabitation of child and parents (one parent) deprived of parental rights is decided in court.
4. A child in respect of whom the parents (or one parent) deprived of their parental rights retains ownership of the dwelling and (or) the right to use accommodation, as well as the property rights based on kinship with their parents (one of them) and relatives, including the right to inheritance.
5. In the case of deprivation of parental rights of both parents (one of them) or if it is impossible to convey the child to the other parent a child is transferred to the control of a guardianship and tutorship agency.
6. adoption of a child if the parents (or one of them) of parental rights is allowed after one year from the date of judgement on the deprivation of the parents (or one of them) of parental rights.
 
Article 96. Rendezvous with the child of parents deprived of parental rights at the request of parents deprived of parental rights, custody and guardianship, the guardian (Trustee) or the administration of the institution where the child resides can allow them to rendezvous with the child, if the communication with parents will not have a harmful influence on him, and if the child is not adopted by.
 
Article 97. Restoration of the parents (or one of them) of parental rights 1. Parents (one of them) may be restored parental rights in cases where they changed behavior, lifestyle and attitude towards child rearing.
2. restoration of the parents (or one of them) of parental rights is realized by judicial procedure on the claim of the parent lišënnogo of parental rights, or the Prosecutor. The case for the restoration of parental rights is considered, with the participation of the Department of custody and guardianship, as well as the Prosecutor.
3. Simultaneously with the claim the parents (or one of them) for the restoration of parental rights can be considered the requirement of returning the child to the parents (one of them).
4. the Court is entitled to taking into account the views of the child refuse to claim the parents (or one of them) for the restoration of parental rights, if the restoration of parental rights is contrary to the best interests of the child.
Restoration of the parents (or one of them) of parental rights in respect of a child aged 10 years or older may be changed only with the consent of that child.
5. If the child is adopted by and adoptions are not held to be invalid or is not cancelled in accordance with articles 123, 128 of the present Code, the restoration of parental rights is not allowed.
 
Article 98. Restriction of parental rights 1. The Court may, taking into account the best interests of the child decide to remove the child from the parents (one of them) without depriving the parents (or one of them) of parental rights (restriction of parental rights).
2. Restriction of parental rights is allowed if leaving the child with the parents (one of them) are dangerous for the child for reasons (mental disorder or other chronic disease, combination of difficult circumstances, etc.), which do not depend on the parents (or one of them).

Restriction of parental rights is allowed in cases, if leaving the child with the parents (one of them) because of their behavior is dangerous for the child, but not sufficient grounds for deprivation of the parents (or one of them) of parental rights. If the parents (or either one of them) will not change their behaviour, the Agency of guardianship and curatorship following the expiration of six months after the Court's decision on restriction of parental rights is obliged to bring an action in court for the deprivation of parental rights.
The tutelage and guardianship authorities taking into account the best interests of the child is entitled to file a suit on deprivation of the parents (or one of them) of parental rights before the expiry of that period.
3. a suit on restriction of parental rights may be asserted by close relatives of the child, the authorities and institutions to which the legislation of Turkmenistan has the responsibility for the protection of the rights and legitimate interests of the child in accordance with article 80 of this code, as well as a Prosecutor.
4. In the case of restriction of parental rights is seen with the participation of the tutorship and guardianship agencies and the Prosecutor.
5. In the case of restriction of parental rights the Court shall decide on the recovery of maintenance for the child from the parents (or one of them).
6. In exceptional cases, when there is a direct threat to the life or health of the child welfare authority may decide on the child forthwith from the parents (one of them) or other persons who are actually maintaining him is located.
In these cases, the tutelage and guardianship authorities must immediately notify the Procurator and not later than seven calendar days after the adoption of such a decision, apply to court with a suit on restriction of parental rights or deprive the parents (or one of them) of parental rights.
7. the Court of justice within three working days from the date of entry into force of the court verdict on restriction of parental rights is obliged to send the extract of the Court's judgment in the REGISTRY OFFICE at the place of State body to register the birth of a child, the guardianship authorities, social security body at the place of residence of the person, limited parental rights.
 
Article 99. Consequences of restriction of parental rights 1. Parents (one of them), whose parental rights have been restricted by a court, lose the right to raise a child, as well as the right to privileges and State allowances established for citizens with children.
2. Restriction of parental rights does not relieve parents (one of them) from the duty to provide maintenance to a child.
3. A child in respect of whom the parents (one of them) have limited parental rights retains ownership of the dwelling and (or) the right to use accommodation, as well as the property rights based on kinship with their parents (one of them) and other relatives, including the right to inheritance.
4. in case of restriction of parental rights of both parents, the child is transferred to the control of a guardianship and tutorship agency.
5. Parents (one of them), whose parental rights have been restricted by a court may be allowed to communicate with the child, if it does not have harmful effects on the baby. Communication parents (one of them) with a child is allowed with the consent of the guardianship authority or the guardian of a child or the administration of the institution where the child resides.
 
Article 100. Lifting of restriction of parental rights 1. Lifting of restriction of parental rights is realized by judicial procedure.
2. The claim for rescission of restriction of parental rights is entitled to present a person, limited parental rights.
3. If the grounds upon which the parents (or one parent) were restricted in parental rights cease to exist, the Court may decide to return the child to the parents (one of them) and the lifting of restriction of parental rights.
4. the court taking into account the best interests and the views of the child shall have the right to refuse the claim for rescission of restriction of parental rights if the return of the child to the parents (one of them) is contrary to his best interest.
 
Article 101. Consideration of disputes relating to the upbringing of the child 1. Disputes relating to the upbringing of children are dealt with by the courts with the obligatory participation of a procurator.
2. In disputes relating to the upbringing of a child, regardless of who sued in defense of children, to participate in the case must be brought in the Department of custody and guardianship.
3. The Department of custody and guardianship is obliged to undertake a survey of the living conditions of the child and the person (s) claiming on his upbringing and to submit to the Court an act survey.
 
Article 102. Execution of the Court's decision in a case involving the upbringing of a child 1. Execution of the Court's decision in a case involving the upbringing of a child is made by a judicial executor in the manner prescribed by the civil procedure legislation of Turkmenistan.
If the parent (the other person in whose care the child is) hampered the execution of court decisions, subject to the measures provided for by the legislation of Turkmenistan.
2. Enforcing decisions related to the removal of child and transfer it to another person (s) should be taken up with the obligatory presence of the Department of custody and guardianship and the engagement of a person (or persons), which is passed to the child and, if necessary, with the participation of a representative of the internal affairs agencies.

3. In case of impossibility of execution of the Court's decision to transfer child without harm (harm) the best interests of the child the Court may be temporarily placed in an appropriate institution, social service agency or another agency.
 
Section v. Forms of upbringing of children deprived of parental care Chapter 14. Identification and placement of children deprived of parental care. Centralized registration of children deprived of parental care Article 103. Protection of the rights and lawful interests of children deprived of parental care 1. Protection of the rights and lawful interests of children in cases of the death of parents, deprivation of parental rights, restriction of their parental rights, recognition of parents incapable, illnesses of parents, their long absence, evasion by parents of child rearing or to protect their rights and legitimate interests, including the refusal of parents to take their children from the corresponding child agencies, social service agencies or other institutions, as well as in other cases, the loss of children deprived of parental care is entrusted to the guardianship and custody agencies.
2. the activities of the other, except for the tutorship and guardianship agencies, businesses and individuals to identify and children deprived of parental care is not allowed.
 
Article 104. Identification and registration of children lacking parental protection 1. The tutorship or guardianship agency within three working days after receiving the information about children without parental care are obliged to conduct a survey of their living conditions and in identifying the fact that lack of parental support or care of relatives to protect the rights and legitimate interests of the child to solve the issue on their device.
2. Tutorship and guardianship agencies carry out the registration of children without parental care, lead by their accounting, organize medical examinations and conduct monitoring of the conditions of their maintenance, upbringing and education, their health and, in the light of the specific circumstances of loss of parental care, children elected forms of such children in accordance with article 105 of the present code.
3. Heads of relevant institutions, social service agencies and other institutions, children deprived of parental care are obliged, within seven days from the date when they learned that the child can be placed in a foster family, notify the Agency of guardianship and curatorship at the place of location of the institution.
4. The guardianship and tutorship agency within one month from the date of receipt of the information specified in paragraphs one and two of this article, provides assistance to children in accordance with article 105 of the present code.
The Department of custody and guardianship in case of impossibility of placing children in foster families where they where immediately sends information about such children in the municipality of regions or cities from Mashhad to conduct centralized accounting and assist in the subsequent placement of children in foster families of Turkmen citizens permanently residing in Turkmenistan.
5. Effect of regions or towns with the rights of regions within one month from the date of receipt of such information about children organize their device in a family of Turkmen citizens permanently residing in Turkmenistan, in institutions for children deprived of parental care, in social service agencies and other institutions.
6. conduct of centralized accounting of children left without parental care, use of information on such children approved by the Cabinet of Ministers of Turkmenistan.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) Article 105. Forms of placement of children deprived of parental care 1. Children left without parental care are subject to foster care with a family near relatives on adoption, under tutorship (guardianship) or, when this is not possible-in institutions for orphans or children deprived of parental care, in social service agencies and other institutions.
2. The wardship and guardianship authorities are obliged to examine housing and material conditions of the person (s) claim (seeking) to the education of such children, respect them (their) morals and other conditions and draw up a statement of the survey, which can be taken into account when such children, if this is not contrary to the best interests of the child. This should take into account ethnicity children, they belong to a certain religion and culture, native language, the possibility of ensuring continuity in upbringing and education of children.
3. prior to the placement of children deprived of parental care in families or institutions referred to in paragraph 1 of this article, the execution of the duties of the guardian or tutor children temporarily rests with the agencies of tutorship and guardianship.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) 15. Adoption of a child. State registration of adoption of a child Article 106. The child in respect of whom an adoption is allowed 1. Adoption-adoption foster care child in establishing usynovlënnym child and its adoptive parents the same rights and obligations as between parents and children.

2. adoption of a child is a priority means of providing child and family is only permitted in respect of a minor child and in his best interests. If the child has a right to know about their former parents.
3. In some cases, adoption can be produced and when the person comes of age, if the judicial procedure is established that between adopter and usynovlënnym actually existed the relationship of parent and child.
 
Article 107. Persons entitled to be adoptive parents 1. Adoption of a child is permitted if the family of the adopter conditions for normal development, upbringing and education of children.
2. Adoptive parents may be adult persons, except: 1) persons declared by a court to be incapable or of limited legal capacity;
2) persons deprived of their parental rights by a court decision or restricted parental rights;
3) otstranënnyh persons from duties of the guardian or for nonperformance or improper performance of the duties imposed on them by law;
4) former adopters, if the adoption was cancelled by the Court through no fault of their own;
5) persons whose state of health could not exercise parental rights. The list of diseases which are not allowed adoption child adoption of its custody or guardianship is established by the Cabinet of Ministers of Turkmenistan;
6) persons convicted of committed crimes related to the pedagogical and educational activities, as well as wilful infliction of grievous and (or) particularly serious crimes, if their conviction has not been cancelled or expunged by a court;
7) persons who do not have permanent residence, as well as a dwelling that meets the established sanitary and technical requirements;
8) persons who are sick alcoholism, drug abuse or addiction.
2. persons who are married to each other may not jointly adopt the same child.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 50) Article 108. The procedure for adoption of a child. State registration of adoption of a child 1. Adoption of a child is made at the place of residence of the adoptive parent or the adoptive child's place of residence on the basis of statements by persons wishing to adopt it, the materials prepared by the agencies of tutorship and guardianship, and the solutions he.
2. Materials on adoption, tutorship and guardianship are prepared and reviewed with them hâkimami within one month.
3. rights and obligations of the adoptive parent and child usynovlënnogo arise as of the date of issuance of the decision on the adoption of a child.
4. The agencies of tutorship and guardianship, within three days from the date of issuance of the decision on adoption of the child are obliged to send the decision to the authority of REGISTRAR at the place of judgment on adoption.
5. the REGISTRAR at the place of issuance of the decision on the adoption of children on the basis of such decisions and declarations of the adoptive parents (one of them) or message body of trusteeship and guardianship produces State registration of adoption of a child.
When implementing the adoption of a child in accordance with part 3 of article 106 of the present Code, adoption of the child is based on statements by the person wishing to adopt him, and the Court decision on adoption of the child. In doing so, the Court decision on adoption of the child shall provide information which, in accordance with articles 116-119 of this code need to be specified in the decision of adoption he child.
6. The denial of adoption of a child may be lodged within one month, in a Court of law.
(In the redaction of Laws of Turkmenistan dated December 22, 2012 and October 24, 2015-Statements of the Mejlis of Turkmenistan, 2012, no. 4, art. 118;, no. 2015 _ calendar _) Article 109. Adoption of several children 1. One person can adopt several children who have brothers and sisters, or non-relatives to each other.
2. Between the usynovlënnymi of children, non-relatives to each other, there are rights and responsibilities as between brothers and sisters.
3. adoption of brothers and sisters by different persons is not permitted, except if it is in their best interests.
 
Article 110. The age difference between the adopter and adopted child 1. The age difference between the adoptive parent, unmarried, and the adopted child must be at least eighteen years of age.
2. With the adoption of a child by a stepfather (stepmother) availability, the age difference established by paragraph 1 of this article shall not be required.
 
Article 111. Parental consent of a child to adoption 1. For the adoption of a child requires the consent of his parents. In case of adoption of children of teenage parents must also consent of their parents or guardians, or, in the absence of parents or guardians-consent of the Department of custody and guardianship.
Parents ' consent for child adoption is given in the statement, notarized or certified by the head of the institution in which the child without parental support or the Agency of guardianship and curatorship at the place of adoption of a child or the place of residence of the parents.
2. Parents have the right to revoke your declaration of consent to adoption of the child pending a decision on adoption.

3. Parents can give consent to adoption of the child by a certain person or without specifying a particular person. The agencies of tutorship and guardianship are hâkimam opinion on the adoption of the interests of the child. Such a conclusion is not required in the case of adoption of a child by his stepfather (stepmother).
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 112. Adoption of a child without the consent of his or her parents 1. Does not require parental consent of a child put up for adoption if they: 1) unknown or declared missing by a court;
2) recognized them incapable;
3) deprived of their parental rights by a court;
4) do not live together with the child for more than six months and, despite the warning of the tutelage and guardianship authorities, shying away from his upbringing and maintenance for reasons recognized by a court to be unreasonable;
5) more than one year without an acceptable excuse not to visit a child is in kindergarten or medical institution.
2. As an exception adoption can be effected without the consent of the parents, if it is established that they have lived together for more than a year with the child and, despite the warning of the tutelage and guardianship authorities, refuse to participate in the upbringing of the child or content.
 
Article 113. Adoption of a child under guardianship (curatorship) or in public child care 1. For the adoption of a child under guardianship (curatorship), without the parents ' consent to the guardian in writing.
2. For the adoption of a child who is in the State children's institution, his administration must agree to adopt this child. The administration of the child care institution is obligated to obtain parental consent in writing of the child at its adoption, except for the cases stipulated by part one of article 112 of this code, and in their absence, the consent of his relatives.
3. upon cancellation of the guardian to give consent to adoption of the child, the issue of consent to adoption is decided by the tutelage and guardianship authorities.
4. the Agency of guardianship and curatorship shall be entitled with taking into account the best interests of the child to decide on the adoption of a child without the consent of the persons referred to in paragraphs one and two of this article.
 
Article 114. The child's consent to adoption 1. For the adoption of a child aged 10 years or older must consent.
2. the consent of the child to the adoption agency of guardianship and curatorship shall be established.
3. If, before the filing of the application for adoption the child lived in the family of the adopter and considers him as his parent, adoption, on an exceptional basis, may be made without the consent of the adopted child.
 
Article 115. Consent to adoption of the child by one of the spouses 1. If the child is not adopted by both spouses, in case of adoption of a child by one of the spouses requires the written consent of the other spouse.
2. the consent of a spouse to adoption of the child is not required if: 1) it is recognized incapable by court;
2) actually stopped wives family relations;
3) on testimonies spouses do not live together for more than a year;
4) residence or whereabouts of spouse unknown.
 
Article 116. Surname, name and patronymic of the child usynovlënnogo 1. For usynovlënnym kid saved his surname, name and patronymic.
2. at the request of the adoptive parent child usynovlënnomu can be assigned to the surname of the adoptive parent or the adoptive name of surname named Grandpa usynovlënnogo child as paternal and maternal lines, and surname-by the name of the adopter. Usynovlënnomu at the request of the adoptive parent for a child can be changed and the name.
3. If the names of the adoptive spouses different, according to their agreement, the adopted child is given the family name of one of them.
4. at the request of a woman who adopts a child, he/she may be assigned to her surname and patronymic on behalf of a person referred to her as usynovlënnogo father child, except in cases where the father of the child saved his rights and duties in respect of the child.
5. With the adoption of a child by a person who is not married, according to his (her) request, the surname, forename and patronymic of mother (father) usynovlënnogo child may be placed on the record of birth of the child act at the direction of that person.
6. Change of surname, name and patronymic of usynovlënnogo child aged 10 years or older may be changed only with his consent, except in the case specified in subsection 3 of article 114 of this code.
7. A change of surname, name and patronymic of the child usynovlënnogo indicated in decision on adoption of the child.
 
Article 117. Change the date and place of birth usynovlënnogo child 1. To ensure the confidentiality of adoption the adoptive parent's request, the child can be changed usynovlënnogo child's date of birth, but for not more than three months, and can also be changed his place of birth.
2. changing the date of birth of the usynovlënnogo child is allowed only with the adoption of a child under one year of age. When this usynovlënnogo child's date of birth can be changed not more than three months before and after birth.
3. About the changes the date and/or place of birth usynovlënnogo child indicated in decision on its adoption.
 
Article 118. Entry of the adoptive parents as the parents of usynovlënnogo children 1. At the request of the adoptive parents, they can be recorded as parents usynovlënnogo children in the Act of birth of the child.

2. the need for production of such records is specified in the decision on the adoption of a child.
 
Article 119. Legal consequences of adoption of a child 1. An child and its descendants in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to the usynovlënnomu child and its descendants are assimilated to moral and economic rights and obligations, origin.
2. An child loses personal non-property and property rights, and shall be released from their obligations towards their parents (relatives), except as provided by paragraphs third-fifth of this article.
3. In case if the decision on adoption of the child, adopted in accordance with article 108 of this code, indicated on the preservation of moral and economic relations usynovlënnogo child with parents (one of them), information about parents (one of them) to the birth of the Child Act entry, not subject to change.
4. With the adoption of a child by one person, personal property and non-property rights and obligations may be retained 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.
5. If one of the parents of the child usynovlënnogo died, at the request of the parents (grandparents on his father's side and the mother) of the deceased parent may be stored personal non-property and property rights and duties with respect to the relatives of the dead parent, if it complies with the legitimate interests of the child. Mentioned in the decision on the adoption of a child.
The right of relatives of the dead parent to communicate with usynovlënnym child is carried out in accordance with article 91 of the criminal code.
6. About maintaining relations usynovlënnogo child with one of the parents or relatives of the dead parent is specified in the decision on the adoption of a child.
7. Responsibility for the safety of the property owned by usynovlënnogo children, rests with his adopter.
8. In case of cancellation of adoption, the obligation to return this property also lies with the adoptive parent of the child.
9. legal consequences of adoption of a child referred to in paragraphs 1 and 2 of this article occur regardless of the adoptive parents as the parents of usynovlënnogo children in the Act of birth of the child.
 
Article 120. Saving for usynovlënnym child right to State benefits for survivors Child, having at the time of its adoption, the right to State benefits for survivors, relying upon him in connection with the death of parents, keeps this right and its adoption.
 
Article 121. Amendment of the Act on birth record usynovlënnogo child cases attribution usynovlënnomu child family name, first name and patronymic or change them, change the place and date of his birth, as well as in cases where production of the adoptive parents as the parents of usynovlënnogo children in accordance with articles 116-118 of this code organ REGISTRY OFFICE makes to record birth Act usynovlënnogo child appropriate changes and produces a new birth certificate of the child.  
 
Article 122. The secrecy of adoption of the child 1. The secrecy of adoption of the child shall be protected by law.
2. Brazilian, rendered judgment on adoption, child, person, carried out State registration of adoption of a child, as well as persons otherwise but how education about adoption, are required to maintain the secrecy of adoption of a child.
3. it is prohibited without the consent of the adoptive parents and, in case of their death, without the consent of the Department of custody and guardianship report to anyone any information about adoption, and also issue extracts from the records of the Act of birth of the child and the adoption of a child, demonstrating that the adoptive parents are not usynovlënnogo, except for the cases stipulated by the legislation of Turkmenistan.
4. Persons specified in part 2 of this article, disclosing the secret of adoption of a child against the wishes of his adoptive parents shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 123. The procedure for the recognition of adoption of a child of nullity or annulment of adoption 1. Recognition of adoption of a child or cancellation of adoption the court order.
2. the case of the recognition of adoption of a child or for rescission of adoption is considered with obligatory presence of the Department of custody and guardianship, as well as the Prosecutor.
3. the parents of usynovlënnogo children, adoptive parents, the Agency of guardianship and curatorship, was adopted from the child who has reached the age of eighteen, as well as the Prosecutor may bring an action for recognition of adoption of a child to be invalid.
4. the child's Parents, adoptive parents, the tutelage and guardianship authorities, the Prosecutor with taking into account the best interests of the child, as well as an child who has reached the age of eighteen, have the right to sue for the annulment of the adoption.
5. adoption of a child shall cease as of the date of entry into force of the court verdict on recognition of adoption of a child or of cancellation of adoption.
6. the Court is obliged within three working days from the date of entry into force of the decision on recognition of adoption of a child or for rescission of adoption to send a copy of the decision in the body REGISTRY OFFICE at the place of State registration of adoption of a child.

7. cancellation of adoption of a child is not allowed, if at the time of presentation of the claim for rescission of an adoption, the child has reached the age of majority, except where the cancellation of adoption the child has parental consent (if they have not been deprived of their parental rights or recognized incapable by the Court), the usynovlënnogo of the child and the adoptive parents.
 
Article 124. Grounds for the recognition of adoption Child Adoption invalid child may be invalidated in cases where it is determined that the Court decision on adoption was based on forged documents, or when the adopter was a person who, in accordance with article 107 of this code might not be adoptive parents, as well as when as adoption.
 
Article 125. The effects of the recognition of adoption of a child 1 invalid. Adoption of a child is recognized as invalid from the date of the Court decision on adoption.
2. In the case of recognition of adoption of a child to invalidate the mutual rights and obligations of the usynovlënnogo child, adoptive parents, relatives, adoptive parents are terminated and restored the mutual rights and obligations of the child and his or her parents, his or her relatives, if the best interests of the child so require.
 
Article 126. Grounds for cancellation of adoption the child 1. Child adoption can be cancelled if the adoptive parents are shying away from the performance of their duties of parents abusing their parental rights, maltreat usynovlënnym are sick as a child, alcohol, drug or substance abuse.
2. the court taking into account the best interests and the views of the child has the right to cancel the adoption of a child and on other grounds.
 
Article 127. Consequences of cancellation of adoption the child 1. When cancellation of adoption the child by court decision is transmitted to the parents. In the absence of parents, as well as if the transfer of the child to the parents contradicts his best interests, the child is transferred to the tutorship and guardianship authorities.
2. at the request of parents who consent to adoption of the child, the Court shall make a decision on the continuation (nesohranenii) for the child in connection with the adoption of the former family name, first name and patronymic.
3. the court taking into account the best interests of the child, has the right to oblige the former adoptive parent to pay child support in the amount established by articles 144, 145 of this code.
 
Article 128. Cancellation of the Act on adoption, child 1. Recording Act on adoption of the child shall be invalidated on the basis of a court decision that has entered into force for the annulment of the adoption or the nullity of the adoption.
2. an application for annulment of the Act on adoption of the child is served by the parents of the child (if they claimed the adoption was cancelled), the Agency of guardianship and curatorship, usynovlënnym child, under the age of eighteen, as well as a Prosecutor.
3. in case of cancellation of adoption the Child Act authority REGISTRAR restores in the Act of birth of the child usynovlënnogo the initial information that were recorded prior to the adoption of a child, and gives a new birth certificate of the child. When this surname, name and patronymic of the child are recorded on the basis of a court decision.
4. Certificate of adoption of a child and the child's birth certificate previously issued to the adoptive child are organ REGISTRY OFFICE.
 
Chapter 16. Guardianship and curatorship Article 129. Objectives the objectives of the tutelage and guardianship authorities responsible for tutelage and guardianship are providing content, upbringing, education, the protection of the moral and economic rights and lawful interests of minors, which due to the death of parents, deprivation of parental rights, parental illness, prolonged their absence, restriction of parental rights, recognition of parents incapable, or for other valid reasons have been left without parental care, as well as adults, who for health reasons cannot independently exercise their rights and fulfil their duties.
 
Article 130. Persons over whom custody and guardianship are established 1. Guardianship is established over minors under the age of seven years, as well as persons recognized incapable by the Court.
Trustees are representatives of the trust in the force of law and committed on their behalf and in their interests all the necessary transactions.
2. Guardianship over the minor children aged from seven to 18 years, as well as persons recognized by the Court of Justice partially capable.
Curatorship can be installed also on adult capable persons do not have the possibility for health reasons to defend their rights and duties, only at their request.
3. the trustees have trust assistance in exercising their rights and duties, as well as protect them from abuse by third parties. The Trustees agree to commit those deals that players do not have the right to carry out on their own.
4. guardians and curators have rights and responsibilities in accordance with the legislation of Turkmenistan.
Guardians may not without the prior permission of the tutorship and guardianship agencies commit and guardians-consent to transactions on behalf of the players, beyond the household.

Prior permission of the tutorship and guardianship authorities is required for the conclusion of contracts subject to notarization, the renunciation of owned by Ward, Division of property rights, production sharing living quarters and the alienation of the property.
Guardians and curators, their spouses and close relatives do not have the right to conduct transactions with clients, as well as to provide persons under their guardianship and curatorship of transactions or litigation between trust and spouses, guardians and their close relatives.
Committing a contract of donation on behalf of the ward is not permitted.
 
Article 131. Tutorship and guardianship agencies 1. Tutorship and guardianship functions exercised by the agencies of tutorship and guardianship.
Guardianship and curatorship over minors rests with the education authorities, the persons recognized incapable or of limited legal capacity, to the health authorities, over capable persons who for health reasons must be guardianship-social protection bodies.
2. The wardship and guardianship authorities shall exercise their functions in accordance with the regulations on agencies of tutorship and guardianship, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 132. The choice of the guardian or curator of the 1. When choosing a guardian or custodian must be taken into account his personal qualities, his duties as a guardian or trustee, relations existing between him and the person needing guardianship or curatorship, as well as, if possible, the wishes of the ward.
2. The trustee over an adult legally competent person with no possibility for health reasons to defend their rights and fulfil their duties shall be selected only with the consent of the ward.
3. May not be appointed as guardians or trustees persons: 1) have not attained eighteen years of age;
2) recognized in the manner prescribed by law incapable or of limited legal capacity;
3) deprived of parental rights;
4) former adoptive parents if adoption was revoked due to nonperformance or improper performance of their duties, the adopter;
5) resigned from the duties of a guardian or curator for nonperformance or improper performance of their duties;
6) convicted for committed crimes related to the pedagogical and educational activities, as well as wilful infliction of grievous and (or) particularly serious crimes, if their conviction has not been cancelled or expunged by a court;
7) are sick alcoholism, drug abuse or addiction.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) Article 133. Place of custody and guardianship. The procedure for appointment of a guardian and trustee of the 1. Guardianship and curatorship shall be established at the place of residence of the person subject to guardianship or guardianship. In some cases, guardianship and curatorship can be installed the Agency of guardianship and curatorship at the place of residence of the guardian or curator.
2. the Agency of guardianship and curatorship at the place of establishment of the tutelage and guardianship authorities for a month preparing materials for tutorship and guardianship and shall submit them to hâkimu for consideration.
3. on the basis of the submissions of the Department of custody and guardianship, shall rule the Brazilian on the appointment of a guardian or curator.
 
Article 134. Guardianship and curatorship over persons in their respective institutions, social service agencies and other institutions 1. Persons on full State support in their respective institutions, social service agencies and other institutions, tutors and guardians are not assigned. Execution of their duties rests with the administration of these institutions.
2. The agencies of tutorship and guardianship, together with public health, education and welfare monitored conditions of detention, the upbringing and education of persons in the relevant institutions, social service agencies and other institutions.
 
Article 135. The rights of children deprived of parental care and custody and care 1. Children left without parental care and under the care and guardianship are entitled to: 1) are raised in a family guardian and trustee, cared for by the guardian and trustee, cohabitation with him, unless otherwise stipulated by the civil legislation of Turkmenistan;
2) providing conditions for maintenance, upbringing, education and full development;
3) protection of the rights and legitimate interests, respect for human dignity;
4) alimony, as well as government benefits and other social payments;
5) retention of title to housing, the right to use accommodation, and in case of the absence of accommodation-the extraordinary housing in accordance with housing legislation of Turkmenistan;
6) protection from abuse by a guardian (Trustee) in accordance with article 80 of the present code;
7) inviting of enrollment in State institutions of secondary and higher vocational education under the condition of successful passing of entrance examinations;
8), job placement and protection of labour rights;
9) other rights stipulated by the Constitution of Turkmenistan, the present code and other normative legal acts of Turkmenistan.

2. children left without parents ' custody under the tutelage and guardianship, also have rights under articles 79-81 of the present code.
 
Article 136. The rights of children deprived of parental care who are in the relevant institutions, social service agencies and other institutions 1. Children left without parental care who are in the relevant institutions, social service agencies and other institutions, have the right under articles 79-81 of the present code.
2. Children deprived of parental care who are in institutions, referred to in the first part of this article, are entitled to employment benefits, established by the labor laws of Turkmenistan, at the end of the stay in these institutions.
 
Article 137. The rights and duties of the guardian and trustee child 1. Guardian and trustee child shall have the right and duty to bring up a child under guardianship and curatorship take care of his health, physical, mental, spiritual and moral development.
2. a guardian and trustee has the right to determine the manner in which a child under guardianship and care, taking into account the views of the child and the recommendations of the Department of custody and guardianship, as well as in compliance with the requirements established by part one of article 89 of the present code.
3. a guardian and trustee of taking into account the views of the child shall have the right of choice of educational institutions and forms of education of the child. They are required to ensure that a child of general secondary education.
4. The trustee and the trustee is entitled to demand judicially return them child under guardianship and curatorship from any persons holding him without lawful reason, including close relatives.
5. The guardian and trustee may not obstruct the child from the parents and other close relatives, if such communication is without damage (injury) in the best interests of the child.
6. The guardian and trustee are obliged to reside together with the child under their tutelage and guardianship.
7. In some cases, agencies of tutorship and guardianship may be authorized on the separation of the trustee with a child, under the age of sixteen years if not will harm (harm), his education, the protection of its rights and legitimate interests.
8. Guardian and trustee when changing the place of residence shall be obliged to notify the tutorship and guardianship agencies.
9. obligations under tutorship and guardianship in respect of a child under guardianship and curatorship shall be executed by the guardian and trustee.
 
Article 138. Responsibility of individuals and legal entities to report on minors and incapacitated adults children without parental care, natural and legal persons who become aware of minors and incapacitated adults children deprived of parental care are obliged to immediately inform the authorities responsible for tutelage and guardianship for the actual location of such children.
 
Article 139. Guardianship and curatorship over property located not at the place of residence of the ward if the person over whom tutorship or curatorship, a property located in another locality, the custody of that property is vested in the Agency of guardianship and curatorship at the place of location of the property. In case of need, the authority may appoint a guardian of property.
 
Article 140. The duty of the Court to notify the tutorship and guardianship agency of the need to establish custody or guardianship of the person recognized by the Court as incapable or limited capable by the Court that rendered the decision on recognition of a person lacking capacity or limited in dispositive capacity, shall, within three working days following the date of entry into force to inform the Agency of guardianship and curatorship at the place of residence of such person for the establishment of guardianship or curatorship over him.
 


Article 141. Supervision of tutors and guardians. Appeal against the decision of the tutelage and guardianship authorities



 

1. Supervision of tutors and guardians tutorship and curatorship at the place of residence of the ward.
2. The procedure for exercising supervision shall be determined by the regulations on agencies of tutorship and guardianship.
3. Decision of the tutelage and guardianship authorities which violate the rights and freedoms of citizens, konstitucionnye, may be appealed in court.
 
SECTION VI. RESPONSIBILITIES of FAMILY MEMBERS on ALIMONY Chapter 17. Duties of parents and children, alimony, article 142. Duties of parents on the treatment of juveniles and disabled adult children 1. Parents are obliged to support minors, disabled adult children who are in need of assistance, as well as of children in full-time education, but no longer than until they reach the age of twenty-three years.
2. conditions of providing content for children are determined by the parents themselves.
3. parents (one of them) have the right to conclude an agreement on providing content for children, in accordance with Chapter 19 of this code.
4. If the parents do not provide content for children, their contents are exacted by judicial procedure.
 
Article 143. Income from which collected maintenance for children
 

In the absence of a treaty between the parents on the provision of content maintenance for children child judicially charged with all kinds of parental income in the amount established by article 144 of the criminal code.
 
Article 144. Amount of alimony exacted from the parents (or one of them) on the content of the child 1. Maintenance for the child monthly recovered from the parents (or one of them) in the amount of: 1) one quarter of the income for one child;
2) one third of the income for two children;
3) half of the income for three or more children.
2. The size of the alimony may be reduced by the Court, if the parent who is obliged to pay alimony, there are other minor children who, in the award of alimony in the amount prescribed by this clause, would be less well off financially than children receiving alimony, as well as in cases where a parent is exacted alimony is disabled group I or II, or if the children are working and have sufficient income, or for other legitimate reasons.
3. The Court may reduce the amount of alimony or release the parents (or one of them) from the payment of alimony, if children are fully maintained by the State.
 
Article 145. Recovery of maintenance for the child in a fixed sum 1. In cases when the parent obliged, in accordance with article 142 of this code to pay maintenance for a child, has an irregular, varying income, as well as in cases where recovery of maintenance in the amounts established by part one of article 144 of this code, it is impossible or difficult, alimony at the request of the person requiring payment, can be defined in a fixed monetary amount to be paid monthly, by mutual agreement with the recipient of the alimony and face obliged to pay alimony and, in the case of dispute by court decision.
2. The size of a fixed monetary amount is determined on the basis of possible an adequate level of material security of the child taking into account the financial capacity and the marital status of the parties and other notable circumstances.
3. If the children remain with each of the parents, the amount of alimony exacted monthly from one parent to another, less secured, is determined by the Court in accordance with part 2 of this article.
 
Article 146. Parent participation in additional expenditure on the maintenance of child 1. Parents paying maintenance for a child may be involved in additional expenditure caused by exceptional circumstances (severe illness of children, mutilation, the care of strangers, etc.).
2. Arrangements for the participation of parents in additional expenditure and the amount of these expenses determined by the court taking into account the material and family status of the parents and the child, as well as other interests.
3. The Court may oblige the parents to participate in actual additional costs and the additional costs that will be required in the future.
 
Article 147. Temporary alimony exaction before the trial in cases where the defendant had recorded parent child birth certificate record child in accordance with parts 1 and 2 of article 70 of the present Code, the Court or judge shall be entitled to deal with the case determine temporary alimony. These may be set in accordance with articles 144, 145 of this code.
 
Article 148. Change the size of the alimony exacted from parents to children content 1. Upon the occurrence of the circumstances stipulated in article 144, paragraph 2 of the present Code, a parent, child maintenance for a contributor who is entitled to ask the Court to reduce the alimony amount established by the decision of the Court or by a judge.
2. in the cases contemplated in article 144, paragraph 3 of the present Code, a parent, a contributor who is entitled to alimony, the Court to reduce the amount of the alimony or exemption from payment thereof.
3. when changing material and marital status of the parent uplačivaûŝego maintenance for the child in accordance with article 145 of this code, the Court is entitled, at the suit of the person concerned, change the amount of child support.
4. The person receiving maintenance for a child may apply to the Court for alimony in the amount stipulated by part one of article 144 of this code, if the circumstances have ceased to exist, giving rise to a decrease in the amount of the alimony.
 
Article 149. Modifying alimony cases, awarding them across several decisions of the Court or judge 1. If awarded with one parent for several decisions of the Court or judge maintenance for children from different parents exceed in total the amount of alimony, provided for by article 144 of this code, a parent, a contributor can sue to any person in whose favour the award of the Court or a judge's ruling reducing the amount of the alimony.
2. When considering such a claim, based on the article 144 of this code, the amount of the alimony to be paid to all the decisions of the Court or judge, defines a new reduced the amount of alimony in the respective equal parts due for each child in respect of whom a decision of the Court or the judge's ruling.

3. The person receiving maintenance for a child may apply to the Court for alimony in the amount stipulated by part one of article 144 of this code, if the circumstances have ceased to exist, giving rise to a decrease in the amount of the alimony.
 
Article 150. Recovery and use of maintenance for minors and incapacitated adults children lacking parental protection 1. Maintenance for children left without parental care, collected in accordance with articles 144, 145 of this code and shall be paid to the guardian (Trustee) children.
2. alimony exacted from parents for children left without parental care and the social care institution or other institution, shall be credited to the accounts of these institutions where ignored separately for each child and his property.
These institutions are required to enumerate the alimony on the personal accounts of each of these children, opened in credit institutions of Turkmenistan. While the funds in these accounts are income not lower the refinancing rate established by the Central Bank of Turkmenistan.
3. payment of funds accumulated in the personal account of each of these children is produced according to the age of eighteen years at their treatment.
 
Article 151. The size of maintenance for disabled adult children the amount of alimony exacted from parents for monthly content incapable major children, determined by the court taking into account the material and family status of the parents and children.
 
Article 152. Duty of able-bodied adult children of disabled parents contents 1. Able-bodied adult children are obliged to support disabled parents and take care of them.
2. In the absence of a treaty, for the payment of maintenance for disabled parents they recovered from able-bodied adult children in the courts.
3. The amount of alimony exacted from each monthly able-bodied adult children is determined by the court taking into account the material and family status of the parents and children, as well as other interests.
4. In determining the amount of child support, the Court may take into account all able-bodied adult children of the parent, regardless of whether the claim to all children to one or to several of them.
5. Able-bodied adult children may be exempted from the duty to provide maintenance to disabled parents, if a court found that parents shied away from parental responsibilities.
6. Able-bodied adult children are exempt from paying maintenance for disabled parents deprived of parental rights.
 
Article 153. Participation of able-bodied adult children in additional maintenance costs for disabled parents 1. Able-bodied adult children paying maintenance for disabled parents, may be involved in additional expenditure caused by exceptional circumstances (severe illness, injury or parents need to pay for external care).
2. Arrangements for the participation of each of the able-bodied adult children in additional expenditure and the amount of these expenses determined by the court taking into account the material and family status of the parents and children, as well as other interests.
3. Arrangements for the participation of able-bodied adult children in additional expenditure and the amount of these expenses can be defined by the Treaty.
 
Article 154. Change the size of the alimony exacted from parents to adult children incapacitated and content with children to disabled parents, the Court may at the suit of the disabled adult children or disabled parents, change the amount of alimony, if you change the material or family situation of the parents and children.
 
Chapter 18. The responsibilities of the other members of the family of alimony Article 155. The obligation of brothers and sisters to maintain their minors and incapacitated adult brothers and sisters brothers and sisters having sufficient means are obliged to maintain their minor brothers and sisters in need, without parents or cannot get content from them. The same duty they perform against the incapacitated adult brothers and sisters who need help, if they have no parents or cannot get content from their parents, spouses or former spouses or children.
 
Article 156. The obligation of grandparents on his father's side and the mother maintain their grandchildren in case of impossibility to receive living means from the parents the minor grandchildren in need of assistance have the right to receive alimony from grandparents on his father's side and the mother having sufficient funds. The same right to have adult disabled grandchildren, if they cannot receive maintenance from their spouses or former spouses or parents.
 
Article 157. The duty to support their grandchildren grandparents on his father's side and the mother
 

The infirm grandparents on his father's side and the mother in need of assistance have the right to receive alimony from their grandchildren, with sufficient means, in the case of lack of able-bodied adult children or inability to get the content from them, as well as the spouse or former spouse.
 
Article 158. The obligation of actual educators maintain their pupils 1. Actual educators are obliged to keep their pupils and in case of failure of their further upbringing, if pupils do not have parents or cannot receive content from them.
2. Obligations under this clause, is not imposed on persons engaged in the raising of children as guardians (curators).
 
Article 159. Duties of the inmates maintain their actual caregivers 1. Pupils who were on a constant nurturing and possessed actual educators are required to contain them if educators are disabled, need help and cannot receive maintenance from their parents, children, spouse or former spouse.
2. the Court shall have the right to release inmates from the obligation to maintain their actual educators, if they had kept pupils and less than five years or not performed his duties properly.
 
Article 160. The duty of the stepfather (stepmother) on the contents of the stepsons (stepdaughters) Stepfather (stepmother) is obliged to maintain their minor and disabled adult stepsons (stepdaughters), in need of assistance if they cannot receive maintenance from their parents.
 
Article 161. Obligation of foster (foster parents) on the contents of the stepfather (stepmother) 1. Stepsons (stepdaughter) with sufficient funds are required to contain a stepfather (stepmother), if they cannot receive maintenance from their parents, adult children, spouse or former spouse.
2. The Court may release the stepsons (children) from the duty to provide maintenance to a stepfather (stepmother) if they had and stepsons (stepdaughters) less than five years or performed their duties properly.
 
Article 162. Amount of alimony exacted for maintenance 1. Amount of alimony exacted for the upkeep of the family members is established by the Court in a fixed monetary amount to be paid monthly, taking into account the material and family situation of the person with whom alimony is exacted, and the person receiving them.
2. If a family member requiring alimony must maintain multiple persons, the Court, on its own initiative or on the application of the person which is exacted alimony, depending on their financial and family situation determines the size of the participation of each of them in the performance of the alimony obligations. In determining the amount of child support, the Court may take into account all the persons obliged to pay alimony irrespective, sued all parties, to one or more of them.
 
Chapter 19. Alimony paying Agreement Article 163. The conclusion of the contract on payment of the alimony alimony paying Agreement can be concluded voluntarily by agreement between the person obliged to pay alimony, and their recipient, and if the incapacity of the person obliged to pay alimony, child support or consumer-between the legal representatives of such persons. Limited capable person conclude alimony paying agreement with the consent of their guardians.
 
Article 164. Alimony paying agreement form 1. Alimony paying agreement is in writing with details of the person obliged to pay alimony and child recipient, the contents of which are exacted alimony, the amount, conditions and procedures for the payment of alimony and is subject to notarization.
2. Notarized contract on payment of the alimony shall have the effect of writ of execution.
3. alimony paying agreement form approved by the Ministry of Adalat.
(As amended by the law of Turkmenistan dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 165. The order of conclusion, implementation, modification, cancellation and recognition invalid of alimony paying Treaty 1. In conclusion, performance, modification, dissolution and nullity of the contract on payment of the alimony provisions of civil legislation of Turkmenistan, if this clause provides otherwise.
2. alimony paying Agreement can be changed or terminated at any time by mutual agreement of the parties. Modification or termination of the contract on payment of the alimony must be made in the same form as the alimony paying agreement.
3. the unilateral refusal to perform an alimony Treaty or unilateral change of its terms is not allowed.
4. In case of a significant change in material or marital status of the parties, as well as in the event of disputes regarding the modification or termination of the contract on payment of the alimony, the interested party is entitled to seek redress in court. When deciding on a change or termination of alimony the Court may take into account any interest parties deserving attention.
 
Article 166. Procedure for recognition of alimony Treaty null and void
 

In the case of non-compliance with the requirements of article 164 of this code, alimony paying agreement can be invalidated by judicial procedure on the application of the legal representative of the child or incapacitated adult family member of the Department of custody and guardianship, as well as the Prosecutor, if stipulated in the contract on payment of the alimony terms providing content violate the legitimate interests of the child or incapacitated adult family member.
 
Article 167. The amount of alimony paid alimony Treaty 1. Amount of alimony paid by alimony paying Treaty, shall be determined by the parties.
2. the amount of alimony is installed under the contract on payment of the alimony for the child, should not be lower than the amount of the alimony that he could get in case of alimony exaction by judicial procedure in accordance with article 144 of the criminal code.
 
Article 168. Methods and procedure for the payment of alimony by alimony paying Treaty 1. Methods and procedure for the payment of alimony by alimony paying Treaty are defined by the Treaty.
2. alimony can be paid as a percentage of the income of the person obliged to pay alimony, a fixed sum payable monthly at a fixed sum, payable in a lump sum, by providing equipment, as well as in other ways, for which a contract has been made.
In the agreement on payment of the alimony may be provided by a combination of different ways of paying alimony.
 
Article 169. Indexation of the amount of the alimony to be paid under the agreement on payment of the alimony indexation alimony paid under the agreement on payment of the alimony shall be carried out in accordance with article 182 of this code.
 
Chapter 20. The order of foreclosure and paying alimony Article 170. The right to appeal to the Court with a demand for alimony exaction family members referred to in articles 142-162 of this code, in the absence of a notarized contract on payment of the alimony shall be entitled to apply to a court with a demand for alimony.
 
Article 171. Terms apply to court for the recovery of maintenance by a person entitled to alimony, may apply to the Court for maintenance at any time, regardless of the period since the establishment of the right to receive alimony.
 
Article 172. The duty of the Administration, enterprises, organizations and institutions to withhold child support administration of the enterprise, organization or institution, irrespective of the legal form and ownership (hereinafter referred to as the company), which is the worker of the payer of the alimony on the basis of the agreement on payment of the alimony or obliged to hold monthly alimony from income of the person specified in the contract or the Executive and within three working days from the date of payment of income to the person who is the payer of the alimony to pay or remit them to the recipient.
 
Article 173. Withholding of alimony on the basis of the agreement on payment of the alimony deduction of child support on the basis of the agreement on payment of the alimony may be produced and if the total amount of the deductions on the basis of such a treaty and writ of execution exceeds 50% of the income of the person obliged to pay alimony.
 
Article 174. Obligation to report on the change of the place of employment of the person obliged to pay alimony 1. Administration of the enterprise producing the withholding of child support on the basis of a court decision or contract on payment of the alimony, is obliged within three working days to inform the bailiff at the place of execution of the decision of the Court or a judge's order for alimony and the person who receives the alimony, the dismissal of the person obliged to pay alimony, as well as about his new place of work or residence if it she knew.
2. a person who pays alimony, shall, within three working days to inform the bailiff and the person who receives the alimony, change of place of work or residence, as well as on the availability of additional income.
3. In the case of non-reporting, distortion of information specified in paragraphs one and two of this article, the perpetrators of the officials and other citizens were prosecuted in the manner prescribed by the legislation of Turkmenistan.
 
Article 175. Determination of alimony debt 1. Recovery of maintenance for the Executive and alimony treaty over the past three years is within the period of time preceding the presentation of the Executive document to recover, if they have not been charged for valid reasons.
2. In cases where retention of alimony on the basis of the writ or the contract on payment of the alimony was not the fault of the person obliged to pay alimony, alimony exaction is produced for the entire period, regardless of the Statute of limitations.
3. the amount of the debt is determined by the executor on the basis of the amount of the alimony, court decision or order of a judge or alimony paying agreement.
4. the amount of alimony debt paid to the child, in accordance with articles 142, 144 of this code, shall be determined on the basis of the income of the person obliged to pay alimony for a period in which the recovery of maintenance is not carried out.

In cases where the person obliged to pay alimony during this period did not work or if the presented documents confirming his income, arrears is determined on the basis of the minimum wage set by the legislation of Turkmenistan at the time of collection.
If this definition of debt essentially violates the interests of one of the parties, a party whose interests have been violated may apply to the Court, which can determine the debt at a fixed monetary amount taking into account the material and family status of the parties, as well as other notable circumstances.
 
Article 176. Exemption from paying alimony or debt reduction on them 1. Exemption from paying alimony or debt relief for them is only possible on the basis of a court decision.
2. the Court may, at the suit of the person obliged to pay alimony, release it completely or partially from payment of alimony or reduce the debt on it, if it determines that their failure has occurred due to the illness of the person, or for any other valid reason and his financial and marital status does not give the opportunity to repay indebtedness arrears.
 
Article 177. Foreclosure on the property of the person obliged to pay alimony 1. With insufficient earnings or other income of the person obliged to pay alimony, they deducted from funds in its accounts in credit institutions. In the absence of these means exaction on his property, unless otherwise provided by the legislation of Turkmenistan.
2. Enforcement of money resources on accounts of the person obliged to pay alimony, or on his property is made in the manner prescribed by the legislation of Turkmenistan.
 
Article 178. Inadmissibility of standings and reverse recovery of maintenance 1. Alimony may not be offset against other counter-claims.
2. The amounts paid as alimony cannot be claimed back, except: 1) the abolition of the court verdict on alimony exaction with regard to alimony recipient message, false information or submission of them forged documents;
2) recognition of alimony Treaty void if its conclusion under the influence of fraud, threats or violence on the part of the recipient of the alimony;
3) establishing whether a verdict of a court decision, alimony Treaty or on the basis of which paid the alimony.
3. If the steps listed in part 2 of this article, if committed by a legal representative of a child or an adult incapable alimony recipient, reverse recovery of maintenance is not performed, and the amount of alimony are exacted from the perpetrator's legal representative at the suit of the person obliged to pay alimony.
 
Article 179. Payment of the alimony in case of departure of the person obliged to pay alimony, for permanent residence abroad 1. Person leaving for permanent residence abroad are entitled to conclude with family members, which it legally obliged to provide maintenance, alimony paying agreement in accordance with articles 163-165, 167, 168 of this code.
2. in case of disagreement, the interested party may apply to the Court for determination of alimony amount at a fixed sum and a lump-sum payment of alimony or the granting of a certain property in alimony, alimony or other means.
 
Article 180. Revision of established Court of alimony in the event of a material change or marital status of persons liable to pay or receive alimony, the Court is entitled to review the previously installed them the amount of alimony or release those persons from paying alimony.
 
Article 181. Termination of alimony obligations 1. Alimony obligations established by alimony paying agreement is terminated on the grounds established by the Treaty, and if the contract is not provided, in connection with the death of one of the parties or of expiry of the contract.
2. Alimony exacted by judicial procedure is terminated: 1) on reaching the age of eighteen years, or a child in the case of the acquisition of full legal capacity of minors up to the age of eighteen years;  
2) on reaching students in full-time education the age of twenty-three years;
3) when adopting a child, whose contents were assessed alimony;
4) while recognizing court rehabilitation recipient or termination of need his assistance;
5) in connection with the death of one of the parties;
6) in other cases, if justifying to recover alimony.
 
Article 182. Indexing alimony 1. Alimony Indexation is performed in accordance with alimony paying agreement. If otherwise is not stipulated by alimony indexation, it shall be in accordance with part 2 of this article.
2. Indexing alimony exacted by a court decision in a fixed sum, produced by the administration of the enterprise at the place of withholding child support in proportion to the increase in wages.
 
SECTION VII. CIVIL STATUS ACTS Chapter 21. General provisions Article 183. State registration of acts of civil status
 

1. State registration of civil status shall be established for the protection of the moral and economic rights of citizens, as well as in the interests of the State.
2. State registration shall be: birth, marriage, divorce, adoption, paternity, change of surname, name and patronymic, death.
 
Article 184. Competence of the REGISTRAR 1. ZAGS bodies produce the State civic status registration Department with the aim to assure the authenticity of the relevant actions of individuals or events that affect appearance, modification or termination of the rights and duties, as well as characterizing the legal status of these persons.
ZAGS bodies exercise their functions in accordance with the regulations of the registry offices, approved by the Cabinet of Ministers of Turkmenistan.
2. Ocs ' towns with the rights of the provinces, districts, cities, and etraps rights districts in producing the State registration of the birth, marriage, divorce, adoption, paternity, change of surname, name and patronymic, death. They also issue duplicate certificates and references to the civil registration changes, additions and (or) hotfixes that supersede and/or restore civil registration, implement storage books State registration of acts of civil status (hereinafter referred to as the function of the book), keep a list in alphabetical order of persons, acts of civil status are registered.
3. Local produce for the State registration of a birth, marriage, divorce, filiation, death, as well as give out help.
4. Diplomatic missions and consular institutions of Turkmenistan produce state registration of birth, marriage, divorce, adoption, paternity, change of surname, name and patronymic, death of Turkmen citizens residing outside Turkmenistan, extradite repeated evidence and references.
Diplomatic missions and consular institutions of Turkmenistan take petition of citizens of Turkmenistan, as well as foreign citizens and persons without citizenship, civil status acts registered in registry offices in Turkmenistan and permanently residing outside Turkmenistan, on amendments, additions and (or) corrections to the record of civil status acts, as well as cancellations and (or) restoration of the civil registry.
5. the rehabilitation of the civil registration is carried out by civil registry offices at the place of compiling the lost of civil status or residence of the person, reducing on a record based on a court decision that has entered into force. Grounds for appeal to the Court of Justice is the body help REGISTRY OFFICE at the place of State registration of acts of civil status and the central archives of the REGISTRY OFFICE under the Ministry of Adalat Turkmenistan on the storage location of the civil registry to be restored, the lack of a primary or the restored registry.
6. cancellation of the primary or the restored registry of civil status REGISTRY OFFICE body is made for the storage location of the civil status Act, subject to cancellation on the basis of a court decision that has entered into force.
(As amended by the Act of December 22, 2012 and March 1, 2014-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118, 2014. No. 1, 50) article 185. Regulations on the State registration of acts of civil status. Function of book 1. State registration of acts of civil status, changes, additions, corrections, cancellation and (or) restoration of civil status shall be made in accordance with the regulations on the procedure for State registration of acts of civil status, approved by the Cabinet of Ministers of Turkmenistan.
2. State registration of acts of civil status registers is done in books.
3. the changes in the Form of books and certificates issued on the basis of records produced in the meeting books, order and terms of storage registers books shall be approved by the Cabinet of Ministers of Turkmenistan.
 
Article 186. Documents to be submitted to the Commission of acts of civil status records, and the issuance of certificates and other documents Re 1. To commit the civil registry, the applicant must submit documents proving the facts subject to state registration in registry offices, and your Passport (or similar document).
2. To issue repeated testimonies and other documents the applicant must present a passport (or similar document).
3. Where to get re-birth certificates, required for obtaining a passport (or alternate), the applicant may not submit the Passport (or similar document) that didn't get it or received but lost, spoiled, etc., the applicant must submit a certificate confirming his identity, obtained in the organs of Internal Affairs of the applicant's place of residence or place of stay.
4. The internal affairs authorities are obliged to take all necessary measures to establish the identity of the applicant and shall issue the certificate within fifteen calendar days.
Form of certificate issued to the applicant, it is submitted by the Ministry of Internal Affairs of Turkmenistan.

5. To make changes, additions and/or corrections to civil registration, an applicant must provide documents proving the facts upon which can be produced changes, additions and (or) corrections, and your Passport (or similar document).
In the absence of a passport (or alternate), the applicant must submit a certificate confirming his identity, obtained in the organs of Internal Affairs of the applicant's place of residence or place of stay.
6. For cancellation and (or) restoration of civil status, the applicant must submit the Passport (or similar document) and a judicial decision on annulment and (or) restoration of the civil registry.
7. The list of documents required, requirements for the Commission of civil registration and the issuance of certificates and other documents re, are set out in the regulation on the procedure for State registration of acts of civil status.
8. Application forms associated with the registry of civil status, as well as certificates and other documents issued by registry offices, are approved by the Ministry of Adalat.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) article 187. The perpetration of acts of civil status records 1. State registration of acts of civil status is done by compiling the appropriate registry office on the basis of which the certificate of State registration of acts of civil status. Civil registration shall be prepared in two identical copies, one of which shall be deposited in the archives of the bodies, the other in the central archives of the REGISTRY OFFICE under the Ministry of Adalat.
2. each civil registration paid in certificates book should be read by the applicant signed by them and the person committing the record, as well as official and stamped with the seal.
3. The Commission of civil registry to the applicant shall be issued a certificate.
4. When committing the Act of birth of the child information about parents are recorded on the basis of their passports (or substituting documents).
If the parents (or one of them) child, previously changing his last name and/or first name, patronymic, passport have not changed (or similar document), in the Act of birth of the child under the terms of the document are written changed their last name and/or first name and patronymic.
5. In cases where a passport (or his successor) parents (one of them) are identified breaking the rules of spelling of the surname, name, patronymic and other mistakes and parents (one of them) do not apply with the statement concerning the correction of these errors, the errors are eliminated with the consent of the parents (or one of them) at the time of committing the Act of birth of the child.
6. In the cases provided for by the fifth and sixth parts of article 66 of this code, information about parents (one of them) are recorded on the basis of the documents referred to in these parts. When the bugs are resolved with the consent of the complainant at the time of committing the Act of birth of the child.
7. in the cases referred to in paragraphs 5 and 6 of this article, in the Act of birth of the child takes place on record that the errors identified in the relevant documents of the parents (or one of them) have been removed at the time of committing the Act of birth of the child and issued the corresponding certificate.
Form of certificate approved by the Ministry of Adalat.
8. When issuing repeated evidence at the request of the person recording the civil status acts, produced not in the official language of Turkmenistan, to translated into the national language of Turkmenistan and the relevant certificates are issued. When you do this, be sure the spelling rule must be respected family name, first name and patronymic.
9. Employees of the REGISTRY OFFICE is not entitled to perform State registration of acts of civil status against himself, his spouse, parents, children, grandchildren, grandparents by the father and mother, brothers and sisters. In such cases, the public civil registration is carried out by another employee of the authority REGISTRY OFFICE or with any other authority of the Registrar.
10. the responsibility for the correctness of the State registration of acts of civil status and the quality of the civil registry office devolved on the person who drafted this entry, and the head of the body concerned Registrar.
11. at the request of the person (his representative), which denied State registration of acts of civil status, the head of the body concerned REGISTRAR shall within ten calendar days inform the person in writing (his representative) the reasons for the refusal.
12. Refusal of State registration of acts of civil status may be appealed by the person concerned to a higher body, which is responsible for the Organization of State registration of acts of civil status, or in court.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) Article 188. Reasons for changes, additions and/or corrections to the record of civil status acts. Contestation of the civil registry
 

1. If there are grounds and the absence of a dispute between the stakeholders of the changes, additions and (or) corrections to civil registration is carried out by civil registry offices and the relevant certificates are issued.
2. Reasons for changes, additions and/or corrections to civil registration are: 1) the record of an act on adoption;
2) recording of an Act establishing paternity;
3) recording Act on change of surname, name and patronymic;
4) Court decision entered into legal force;
5) he's ruling that a change of surname, name and patronymic of the child;
6) mother, unmarried with the father of the child, amending the Act of child's birth record information about the father of the child or the modification or deletion;
7) statement of the parents (or one of them) child amending civil registration in the event of a change of name and (or) name and (or) Middle name and/or other information about parents (one of them) child (with the exception of the cases mentioned in paragraph 3 of this part), the statement of a person who has reached the age of eighteen years, amending the civil registration in the event of a change of name and (or) name and (or) Middle name and/or other information about parents (one of them);
8) a document issued by a body of inquiry or investigation, the identification of the deceased, whose death was registered as the death of an unknown person;
9) document about the fact of death unnecessarily repressed and subsequently rehabilitated person in case the death is registered;
10) the request of the relevant authorities of foreign States on amendments, additions and (or) corrections to civil registration after consideration and approval by the Ministry of Adalat Turkmenistan;
11 ZAGS bodies) for changes, additions and/or corrections to civil registration in the following cases: (a)) in the registry of civil status incorrect or incomplete information, as well as spelling mistakes are allowed;
b) civil registration is made without regard to the rules laid down by the legislation of Turkmenistan;
in) in the Act of birth of the child was incomplete (diminutive, caressing, lean, etc) the name of the child;
g) at the time of registration errors (spelling errors, misrepresentations, omission of information, words, letters, etc.);
d) necessitated the patch name or patronymic of a person in case of change of sex (hermaphrodites);
e) necessitated changes, additions and/or corrections to the record of civil status acts related to the entry of the former names and (or) name and (or) patronymic in the civil registry due to the fact that the deceased, formerly changing name and (or) name and (or) Middle name not changed my passport (substituting document);
f) when the person concerned is detected inconsistencies civil registry records in the relevant certificate and (or) in your Passport (or his successor) when he addressed the body on Elimination of that REGISTRY OFFICE.
3. a statement of changes, additions and (or) corrections to the record of civil status acts is served by the person concerned in the body REGISTRY OFFICE at the place of residence or at the place of storage of the civil registry to alter, Supplement and (or).
Changes, additions and/or corrections to the record of civil status acts, previously drawn in respect of the deceased shall be made on the application of a relative of the deceased or other interested person.
4. In the absence of justification for changes, additions and/or corrections to the record of civil status differences are resolved in the courts.
5. the refusal of the authorities of the CIVIL REGISTRY changes, additions and/or corrections to the record of civil status acts may be challenged in court.
6. disputes between stakeholders on changes, additions and/or corrections to the record of civil status shall be settled in the courts.
(As amended by the Act of December 22, 2012, March 1, 2014 and October 24, 2015-Statements of the Mejlis of Turkmenistan, 2012, no. 4, art. 118; 2014 g., no. 1, art. 50;, no. 2015 _ calendar _) Article 189. State duty 1. State registration of births, deaths, adoptions, paternity, the issue of certificates in connection with the change, addition and (or) correction, cancellation and (or) Restoration Act of birth of the child in cases of adoption, paternity, as well as the mistakes made at the State registration of acts of civil status registry offices shall be made without charging the State fee.
2. State fee is charged for the State registration of the marriage, divorce, change of surname, name and patronymic, certificates in connection with the change, addition and (or) correction, cancellation and restoration of the Act of birth, marriage, divorce, adoption, paternity on the change of surname, name and patronymic, death (except as set forth in the first part of this article), as well as for the re-issued certificates of State registration of acts of civil status.

3. When issuing repeated evidence of State registration of acts of civil status State fee is not charged for minors and incapacitated adults of children without parental care, handicapped, veterans of the great patriotic war and hostilities in the territories of other States, the widows (deceased) Veterans of the great patriotic war and hostilities in the territories of other States, veterans, individuals affected by the radiation disaster.
4. State fee is charged in accordance with this code, shall be transferred to the State budget of Turkmenistan.
5. the amount of the State fee, the order of its charging and payment are established by the Cabinet of Ministers of Turkmenistan.
 
Chapter 22. The State registration of changes of surname, name and patronymic Article 190. The location and order of the State registration of changes of surname, name and patronymic of the 1. The State registration of changes of surname, name and patronymic produced bodies the civil registry of the place of residence of a person who has reached the age of eighteen years.
When contacting a specific person in the body of the CIVIL REGISTRY OFFICE at the place of his permanent residence a change of surname, name and patronymic is made in cases where a person wishes to: 1) the change of surname and/or name and/or surname, unpleasant to the ears or difficult pronunciation;
2) wear common with his spouse name or return to its previous premarital surnames (prior to the conclusion of a first or subsequent marriage) If, upon dissolution of the marriage, it was not announced;
3) back to its previous premarital surnames (prior to the conclusion of a first or subsequent marriages), if the marriage has not been dissolved or spouse died (died);
4) wear a surname of the father (mother) (if the father's surname is the surname of the mother if the mother's name is the father's name);
5) change the surname by the name of the father, the grandfather of both the paternal and maternal lines;
6) change the middle name, assign a different middle name or last name, if it was given a middle name with the addition of the words "oglu", "qizi" or without adding them, writing his own name first, then middle initial, or without a patronymic, or without writing the names;
7) raising a surname (sort of) his stepfather (stepmother) and (or) Middle name by the name of her stepfather, if it is not possible to make an adoption;
8) surname and/or name and/or surname respective nationality;
9) change the name specified in the Act of birth, in someone else's name, if indeed it is;
10) bring the names and (or) name and (or) Middle name specified in the civil status Act, the names and (or) name and (or) name specified in the relevant certificate and/or the Passport (or his successor), and therefore are willing to wear one of the names and/or names and (or) patronymic referred to in those documents.
2. On receipt of the State registration of changes of surname, name and patronymic of the notified body, which were registered by the civil status acts of the person peremenivšego the surname, name and patronymic.
Based on the record of the Act change of surname, name and patronymic are made appropriate changes to the civil registration and a new certificate is issued.
3. the State registration of changes of surname, name and patronymic are produced in accordance with the regulations on the procedure of State registration of acts of civil status.
(As amended by the Act of December 22, 2012 and March 1, 2014-Statements of the Mejlis of Turkmenistan, 2012, no. 4, art. 118; 2014 g., no. 1, art. 50) 23. State registration of death Article 191. Order and place of State registration of death 1. State registration of death shall be made by the authority of the REGISTRY OFFICE at the place of residence of the deceased, or at the place of death.
Organ REGISTRY OFFICE shall immediately since the adoption of the Declaration of death of a person, issue to the applicant a certificate of death.
2. State registration of death on the basis of a court decision on establishment of the fact of death or declaring a citizen dead shall be made in the body of the civil registry of the place where the Court took the decision.
3. State registration of death on the route of the railway or road transport can be made at the location of the nearest authority REGISTRY OFFICE.
4. State registration of death on an aircraft or vessel, can be made by the authority of any other REGISTRAR body responsible for such registrations, at the place of landing of the aircraft or sea vessel on arrival in port.
5. the State registration of the death of the unidentified person is made by the authority of REGISTRAR according to medical institution at the place of its discovery.
A death certificate is issued in such a case only after establishing the identity of the deceased.
6. burial of the deceased is subject to death certificate issued by the authority of the REGISTRAR, or of a document of death issued by a medical institution.
In exceptional cases, the burial of the deceased can be performed without the submission of these documents.
7. The medical establishment and the REGISTRAR are required to ensure timely issuance of the document of death and death certificates.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 118) Article 192. Statement about the death and filing
 

1. a statement of death is served in writing by relatives of the deceased persons living together with him, his neighbours, the workers housing organization, the administration of the enterprise, where death, or the police discovered the corpse, and others.
2. a statement of death must be made no later than 10 calendar days, and when a violent death, suicide, death from the accident, as well as the discovery of the corpse-no later than three days from the moment of death, or the discovery of the corpse.
3. in a statement of death lists all known to the applicant for information about the deceased, as well as the surname, name and place of residence of the person making the Declaration of death.
4. the refusal of the authorities in making application for the State registration of the death, filed later than the timescales specified in part 2 of this article shall not be permitted.
 
Article 193. Documents submitted for State registration of death 1. For State registration of death in organ REGISTRY OFFICE appears to be a document of death, certified by signature and seal of the medical institution, konstatirovavšego the fact of death, or a judicial decision on establishment of the fact of death or declaring a person dead.
Instrument of death shall be drawn up on the form approved by the Ministry of health and medical industry of Turkmenistan.
2. Information about the deceased are recorded on the basis of a passport (or alternate), in case of his absence, on the basis of the documents available. If the deceased, formerly changing last name and/or first name, patronymic, not changed my passport (or similar document) in the document o death and written entry about the death certificate changed them last name and/or first name and patronymic.
3. when identifying inaccuracies and obscurities or irregularities in the documents mentioned in paragraph 1 of this article, the institution issuing such documents are required to make modifications, additions and/or corrections.
4. If there are grounds and in the absence of a dispute between the stakeholders of the changes, additions and (or) corrections to documents produced by institutions, issuers of such documents.
5. Refusal of institutions issuing such documents from modifications, additions and/or corrections may be appealed in court.
6. disputes between stakeholders on changes, additions and/or corrections to documents are resolved in the courts.
 
SECTION VIII. The APPLICATION of the FAMILY LAW of TURKMENISTAN to FAMILY RELATIONS involving foreign citizens and persons without CITIZENSHIP Article 194. Rights and duties of foreign citizens and stateless persons in family relations, foreign citizens and stateless persons shall enjoy equal rights and bear equal responsibilities with Turkmen citizens in family relations in accordance with the legislation of Turkmenistan, cemejnym and international treaties to which Turkmenistan is a party.
 
Article 195. Marriage 1 on the territory of Turkmenistan. Marriage procedure in the territory of Turkmenistan shall be determined by the present code and other normative legal acts of Turkmenistan.
2. the conditions for contracting a marriage in the territory of Turkmenistan shall be determined for each of the persons wishing to marry, and the laws of the State of which that person is at the time of the marriage.
3. Conditions of detention in the territory of Turkmenistan of marriages for persons without citizenship shall be determined by the legislation of the State in which that person is domiciled.
4. marriage on the territory of Turkmenistan shall be made in the absence of circumstances, impedimental to marriage established by article 20 of this code.
 
Article 196. Marriage in diplomatic missions or consular posts 1. Marriages between Turkmen citizens residing outside Turkmenistan, are the diplomatic missions or consular posts of the Republic of Turkmenistan in the State of residence, and in their absence, with the relevant authorities of the State of residence.
2. marriage between foreign nationals and stateless persons, signed in Turkmenistan in diplomatic missions and consular offices of foreign States recognized valid in Turkmenistan on condition of reciprocity.
 
Article 197. Recognition of marriages concluded outside Turkmenistan 1. Marriages between nationals of Turkmenistan, marriages between Turkmen citizens and foreign citizens or stateless persons, concluded out of Turkmenistan in accordance with the law of their place of detention, are valid in Turkmenistan in the absence of circumstances, impedimental to marriage established by article 20 of this code.
2. marriages of foreign nationals and stateless persons, prisoners outside Turkmenistan under the law of their place of detention, are valid in Turkmenistan.
3. the Marriage concluded in accordance with paragraphs 1 and 2 of this article, prior to the enactment of the present Code, are valid in Turkmenistan.
 
Article 198. Dissolution of marriage in Turkmenistan and abroad between Turkmen citizens, between citizens of Turkmenistan and foreign citizens or stateless persons, as well as foreign citizens and stateless persons among themselves
 

1. dissolution of marriage in Turkmenistan between Turkmen citizens, between citizens of Turkmenistan and foreign citizens or stateless persons, as well as the dissolution of marriages of foreign nationals and stateless persons among themselves shall be in accordance with the present code and other normative legal acts of Turkmenistan.
2. Turkmenistan Citizen residing outside Turkmenistan has the right to annul the marriage with living outside Turkmenistan spouse, regardless of his or her nationality, in the Court of Turkmenistan. Where, in accordance with the legislation of Turkmenistan provides for the dissolution of the marriage registry offices, it may be terminated at the diplomatic missions or consular posts of the Republic of Turkmenistan.
3. Divorce proceedings between Turkmen citizens permanently residing outside Turkmenistan, may, on the basis of their statements should be considered by the Court of Turkmenistan on the instructions of the Supreme Court of Turkmenistan.
4. Divorce proceedings between Turkmen citizens permanently residing in Turkmenistan and Turkmenistan, as well as foreign citizens or stateless persons permanently residing outside Turkmenistan, may, on the basis of their statements should be considered by the Court of Turkmenistan on the instructions of the Supreme Court of Turkmenistan.
 
Article 199. Certify the marriage cancellation in Turkmenistan, produced outside Turkmenistan 1. Dissolution of marriages between nationals of Turkmenistan and foreign citizens or stateless persons, committed outside Turkmenistan in the manner prescribed by the law of the place of their divorce is recognized as valid in Turkmenistan, if at the time of dissolution of the marriage, at least one of the spouses was residing outside Turkmenistan.
2. Dissolution of marriages between nationals of Turkmenistan committed outside Turkmenistan in the manner prescribed by the law of the place of their dissolution, the recognized valid in Turkmenistan, if both spouses at the time of the dissolution of a marriage lived outside Turkmenistan.
3. Dissolution of marriages between foreign nationals committed outside Turkmenistan in the manner prescribed by the law of the place of their dissolution, the recognized valid in Turkmenistan.
4. Marriages between persons without citizenship committed outside Turkmenistan in the manner prescribed by the law of the place of their dissolution, the recognized valid in Turkmenistan.
5. Marriages between foreign citizens and persons without citizenship committed outside Turkmenistan in the manner prescribed by the law of the place of their dissolution, the recognized valid in Turkmenistan.
 
Article 200. Personal non-property and property rights and duties of spouses 1. Personal non-property and property rights and obligations of spouses are determined by the law of the State in the territory of which they possess common place of residence, and in its absence-the law of the State in whose territory they had last common place of residence. Personal non-property and property rights and duties of the spouses, without the joint place of residence in Turkmenistan are determined in accordance with the legislation of Turkmenistan.
2. To conclude the contract on payment of the alimony or marriage contract, the spouses do not have common nationality or joint residence, may elect to apply legislation to determine their rights and duties in marriage contract or alimony Treaty. If the spouses did not choose the law applicable to their marriage contract or alimony Treaty, the provision of the first paragraph of this article.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 201. Establishing paternity and contestation of paternity in Turkmenistan 1. Establishing paternity and contestation of paternity in Turkmenistan, irrespective of the nationality of the child's parents and their residence is in accordance with the legislation of Turkmenistan.
2. Where, in accordance with the legislation of Turkmenistan are allowed paternity registry offices outside Turkmenistan parents children, of whom at least one is a citizen of Turkmenistan, shall have the right to request a statement of paternity in the diplomatic mission or consular office of Turkmenistan.
 
Article 202. The rights and duties of parents and children 1. The rights and duties of parents and children, including the obligation of parents to children content, determined by the law of the State in the territory of which they possess common place of residence.
2. In the absence of common place of residence of the parents and children of their rights and obligations are determined by the legislation of the State of nationality of the child.
3. On demand of the plaintiff to maintenance obligations and other relations between the parents and the child may be subjected to the legislation of the State in whose territory the child permanently resides.
 
Article 203. Alimony obligations of major in favor of parents and other family members
 

Alimony obligations of major in favor of parents, as well as alimony obligations of other members of the family are determined by the law of the State in the territory of which they possess common place of residence. In the absence of common place of residence such obligations are determined by the legislation of the State of which the person claiming alimony, and if he is a stateless person, it shall be determined by the legislation of the State in which that person has permanent residence.
 
Article 204. Adoption of a child who is a citizen of Turkmenistan, the Turkmen citizens permanently residing outside Turkmenistan, foreign citizens and persons without citizenship 1. Adoption of a child who is a citizen of Turkmenistan, the Turkmen citizens permanently residing outside Turkmenistan, foreign citizens and persons without citizenship can be considered as an alternative means of care for the child, if it is for objective reasons cannot be adopted by relatives of the child, irrespective of their nationality and place of residence, or placed in a foster Turkmen citizens, permanently residing in Turkmenistan, or placed in a family that could provide his foster or adoption and if any suitable child care in Turkmenistan would be impossible.
When the adoption of such a child may be made only if, in accordance with the legislation of the foreign State where the adopter, usynovlënnomu child will be provided with legal guarantees, equal to that which he would have after adoption at home, as well as if the laws of that State guarantees him right in the amount not less than that provided by the legislation of Turkmenistan.
2. A child may be adopted by Turkmen citizens permanently residing outside Turkmenistan, foreign citizens and stateless persons who are not relatives of the child, in the manner prescribed by article 108 of the present Code, upon the expiration of not less than six months from the day of performances on the centralized accounting of child (except child adoptable stepparents) in accordance with the procedure specified in paragraph six of article 104 of this code.
3. foreign nationals and stateless persons applying to adopt a child have the right to choose the child and must be in direct contact with him for at least one year. They must submit a written application to the tutorship and guardianship agencies of the intention to adopt a child, as well as submit a certificate on their financial solvency, family situation, State of health.
4. adoption of a child, adoption of a child's recognition of invalid cancellation of adoption of a child who is a citizen of Turkmenistan and living outside Turkmenistan, based on the decision of the Court of the place of residence of the child shall be made in the diplomatic representation or consular institution of Turkmenistan.
5. adoption in Turkmenistan, foreign citizens and persons without citizenship child who is a citizen of Turkmenistan, as well as a child who is a foreign national residing in Turkmenistan shall be made by the legislation of Turkmenistan.
6. adoption of a child who is a citizen of Turkmenistan, foreign citizens and stateless persons on the territory of Turkmenistan is made on a common basis in accordance with Chapter 15 of the present Code, subject to the authorization of the Ministry of education of Turkmenistan and the Agency of guardianship and curatorship at the place of birth or residence of a child.
7. adoption of a child who is a citizen of Turkmenistan, produced in the organs of the State in whose territory the child resides, is recognized as valid only if previously approved by the Ministry of education of Turkmenistan.
8. The wardship and guardianship authorities empowered through the diplomatic missions and consular offices of the Republic of Turkmenistan, as well as through other channels, the recognized international norms, to demand from the authorities and organizations of States whose nationals adopted child who is a citizen of Turkmenistan, as well as States which are home to stateless persons who have adopted a child who is a citizen of Turkmenistan, providing legal guarantees for the child usynovlënnomu, equal to that which he would have in the event of adoption at home as well as regular reporting every six months until the child reaches the age of sixteen years on the living conditions and upbringing of the child usynovlënnogo.
Based on statements by the persons referred to in article 123 of this code, the adoption may be revoked or declared invalid by court decision.
9. The citizenship of the child, usynovlënnogo foreign citizens and persons without citizenship is governed by the Turkmenistan law "on citizenship".
10. Overseeing the usynovlënnomu child who is a citizen of Turkmenistan and residing outside Turkmenistan, guarantees and norms established by the first paragraph of this article shall be carried out diplomatic representation or consular institution of Turkmenistan.
 
Article 205. Wardship (guardianship)
 

1. the guardianship of minors and incapacitated adults children, children without parental care, as well as to be incapable or of limited legal capacity and over adult capable persons do not have the possibility for health reasons, independently exercise their rights and fulfil duties of Turkmen citizens residing outside Turkmenistan, is installed in the diplomatic representation or consular institution of Turkmenistan.
2. Guardianship of minors and incapacitated adults children, children without parental care, as well as to be incapable or of limited legal capacity and over adult capable persons do not have the possibility for health reasons, independently exercise their rights and fulfil duties of foreign citizens and stateless persons residing in Turkmenistan is carried out at the place of their residence in the manner prescribed by the legislation of Turkmenistan.
3. guardianship (curatorship) carried out over Turkmen citizens residing outside Turkmenistan, under the laws of the States concerned, is recognized as a valid, if guardianship (curatorship) or her recognition of no objection of the diplomatic mission or consular office of Turkmenistan.
4. guardianship (curatorship) installed over foreign citizens and stateless persons outside Turkmenistan under the laws of the State concerned, recognized valid in Turkmenistan, if this does not contradict the legislation of Turkmenistan.
 
Article 206. State registration of acts of civil status of Turkmen citizens residing outside Turkmenistan. Applicable law in diplomatic missions and consular institutions of Turkmenistan abroad on questions of registration of civil status acts of foreign citizens and stateless persons 1. State registration of acts of civil status of Turkmen citizens residing outside Turkmenistan, produced in diplomatic missions and consular institutions of Turkmenistan abroad.
2. The State registration of acts of civil status in the diplomatic and consular missions of Turkmenistan abroad apply the legislation of Turkmenistan, if the persons concerned are nationals of Turkmenistan.
3. foreign citizens and stateless persons may apply to the diplomatic missions and consular institutions of Turkmenistan abroad on questions of registration of civil status acts in accordance with the legislation of Turkmenistan and the international treaties to which Turkmenistan is a party.
4. If the persons concerned are nationals of different States, in their agreement the law of one of the States, and in the case of differences-decision the Consul, registering acts of civil status.
5. If the person concerned is stateless or their nationality is not established, then the law of the State of their habitual residence.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014, no. 1, art. 50) article 207. Recognition of documents issued by the competent bodies of foreign States in the civil status identity documents issued by the competent authorities of foreign States in the civil status identity produced outside Turkmenistan under the laws of the States concerned in respect of Turkmen citizens, foreign citizens and stateless persons in Turkmenistan are valid in case of consular legalization, unless otherwise stipulated by an international treaty to which Turkmenistan is a party.
 
Article 208. The establishment of the content of the family law of the foreign State 1. In applying family law court or authority of a foreign State REGISTRY OFFICES and other bodies shall establish the content of these rules in accordance with their official interpretation, the law-enforcement practice in the relevant foreign country.
In order to establish the contents of foreign family law court States, organ REGISTRY OFFICE and other bodies may apply in the prescribed manner for assistance in obtaining clarification of Ministry of Adalat Turkmenistan and other competent authorities of Turkmenistan or attract experts.
Interested persons may submit documents confirming the contents of the family law of the foreign State on which they cite in support of their claims or objections, and otherwise assist the Court or the authority of the REGISTRAR and other bodies to establish the content of the family law of the foreign State.
2. the court resolves the case in accordance with the Constitution and laws of Turkmenistan, other normative legal acts of Turkmenistan, international treaties to which Turkmenistan is a party.
Law of other States applies, if it is stipulated by international treaties of Turkmenistan, as well as agreements of the parties. In the absence of legislation of a foreign State governing contentious relationship, apply relevant legislation of Turkmenistan.

In the absence of legislation regulating the contentious relationship, the law governing similar relations, in the absence of such legislation, the case is permitted on the basis of common principles and sense of law.
3. Family Law of a foreign State shall not be applicable if such application would be contrary to the foundations of the constitutional structure and the rule of law. In this case, the legislation of Turkmenistan.
 
Article 209. Liability for violation of this code, the persons guilty of violating the provisions of this code, shall be liable in accordance with the legislation of Turkmenistan.