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Courts in Kyrgyzstan deny adoption of 16-year-old girl by US citizens

Courts of two instances in Kyrgyzstan denied the adoption of a 16-year-old girl by US citizens. Chinara Abdyldaeva, director of the representative office of World Links Association, told 24.kg news agency.

According to her, session in the Chui District Court took place on August 9, 2022, and in Chui Regional Court — on September 8.

«US citizens filed documents for adoption with the Ministry of Labour, Social Security and Migration in January 2020. However, the coronavirus pandemic happened, and then we found discrepancies in the documents of the child. One full name was written in the «mother» column in her birth certificate, and another name was written in the court decision on deprivation of parental rights. That is, in fact, another woman was deprived of parental rights. For two years, the guardianship authorities tried to correct the mistake. The documents were brought into line with the court decision on December 28, 2021.

The adoptive parents updated their documents and filed them again with the Ministry of Labor in 2022. The process was restarted. During this time, the head of the family turned 60 years old. At the time of the session in the first instance court, he was 60 years 10 months and 12 days old. On this basis, the court denied adoption. The second instance upheld the decision. We consider this decision unlawful and unreasonable. Yes, the Children’s Code states that the age of an adoptive parent must not exceed 60 years. But the age of the adopter will exceed 60 on the day he turns 61,» Chinara Abdyldaeva said.

She noted that the judge of first instance also wrote that the adoptive parent has a criminal record, although in fact there is none.

«The girl has known her adoptive parents since 2016. She wants to be adopted, but the court did not take into account her interests and desire. The girl’s mother has been deprived of parental rights. The girl is 16 years old, during this time in Kyrgyzstan there were no people willing to take the teenager into the family. She has problems with the thyroid gland, anemia, her hair falls out,» Chinara Abdyldaeva added.

The adoptive parents intend to appeal the decision to the Supreme Court of the Kyrgyz Republic.

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