FAMILY CODE

Adopted 09.11.2004

Article 1 Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Republic of Armenia are under the patronage and protection of society and the state.

The state guarantees the priority protection of the rights of children. Family law proceeds from the need to strengthen the family, build family relations on mutual love and respect, mutual assistance and responsibility of all family members, the inadmissibility of arbitrary interference in family affairs, the priority of raising children in the family, ensuring the unimpeded exercise of their rights by family members, opportunities judicial protection of these rights.

2. A marriage concluded only in the civil registration authorities is recognized.

3. Women and men shall enjoy equal rights upon entry into marriage, in marriage, upon dissolution of marriage.

4. Legal regulation of family relations is carried out in accordance with the principles of voluntary marriage between a man and a woman, equality of rights of spouses in the family, resolving family issues by mutual agreement, caring for their well-being, ensuring priority protection of the rights and interests of minors and disabled family members.

5. Any restrictions on the rights of citizens when entering into marriage and in family relations on the grounds of social, racial, national, linguistic or religious affiliation are prohibited.

The rights of citizens upon entering into marriage and in the family may be limited only by law and only to the extent that this restriction is necessary in order to protect the honor and good name of persons, health, freedom, rights and legitimate interests of other family members and other citizens.

Article 2 Relationships regulated by family law

Family law establishes the conditions and procedure for entering into a marriage, terminating a marriage and recognizing it as invalid, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits provided for by family law, between other relatives and other persons, and also determines the forms and procedure for placing children left without parental care in a family.

Article 3. Legislation of the Republic of Armenia regulating
family relationships

1. Family relations in the Republic of Armenia are regulated by the Constitution of the Republic of Armenia, this Code, the Civil Code of the Republic of Armenia, other laws, international treaties of the Republic of Armenia, as well as other legal acts of the Republic of Armenia.

2. If an international treaty of the Republic of Armenia establishes other norms than those provided for by family legislation, then the norms of the international treaty shall apply.

Article 4 Application to family relations of civil law

Civil legislation applies to property and personal non-property relations between family members, established by Article 2 of this Code and not regulated by family legislation, insofar as this does not contradict the essence of family relations.

Article 5 Application of family law and civil law to family relations by analogy

If relations between family members are not regulated by family law or by agreement of the parties and there are no civil law rules that directly regulate these relations, then such relations (if this does not contradict their essence) are subject to the rules of family and (or) civil law governing similar relations (analogy law). If it is impossible to apply the analogy of the law, the rights and obligations of family members are determined on the basis of the principles of family or civil law (analogy of law).

IMPLEMENTATION AND PROTECTION OF FAMILY RIGHTS

Article 6 Exercise of family rights and fulfillment of family obligations

1. Citizens, at their own discretion, exercise the rights arising from family relations and granted to them by law (family rights, including the protection of these rights), unless otherwise provided by this Code.

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

3. Family rights are protected by law, unless they are exercised in conflict with the purpose of these rights.

Article 7 Protection of the rights of family members

The protection of the rights of family members is carried out in court, and in the cases and in the manner provided for by this Code, by the relevant state bodies or guardianship and guardianship authorities.

Article 8 Application of the statute of limitations in family relations

The limitation period does not apply to claims arising from family relations, except for the cases provided for by this Code. In such cases, the limitation period is applied in the manner prescribed by civil law.

CONDITIONS AND PROCEDURE FOR MARRIAGE

Article 9 The procedure for concluding a marriage

1. Marriage is concluded in the bodies that carry out state registration of acts of civil status, in the manner prescribed by the legislation of the Republic of Armenia, with the obligatory presence of persons entering into marriage.

2. The rights and obligations of spouses arise from the moment of state registration of marriage in the bodies that carry out state registration of acts of civil status.

Article 10 Conditions for marriage

1. For the conclusion of marriage, the mutual voluntary consent of the man and woman entering into marriage is required, and they must reach the age of marriage: women at the age of seventeen years, and men at the age of eighteen years.

2. It is prohibited to enter into a marriage under the circumstances provided for in Article 11 of this Code.

Article 11 Circumstances preventing marriage

Marriage between:

a) persons, of which at least one is in another marriage registered in the manner prescribed by law;

b) close relatives (relatives in a direct ascending and descending line - parents and children, grandfather, grandmother and grandchildren, as well as relatives, brothers and sisters who have a common father or mother, children of a sister, mother's brother and father);

c) adoptive parents and adopted children;

d) persons, of which at least one is recognized by the court as incompetent.

Article 12 Medical examination of persons entering into marriage

1. Medical examination of persons entering into marriage, as well as counseling on medical genetic issues and family planning issues, are carried out by healthcare organizations within the framework of annual targeted health care programs guaranteed by the state, at the request of persons entering into marriage.

2. The results of the examination of a person entering into marriage are a medical secret. These results, with the consent of the person who has undergone the examination, may be communicated to the person with whom he intends to marry.

3. If a person who entered into marriage, at the time of state registration of marriage, hid from the other spouse (wife) the presence of a venereal disease (including the human immunodeficiency virus), as well as mental illness, drug addiction and substance abuse, then the other spouse (wife) has the right to apply to the court to declare the marriage invalid.

NULLITY OF MARRIAGE

Article 20 Recognition of marriage invalid

1. Marriage is declared invalid by the court.

2. A marriage concluded in the presence of circumstances hindering the conclusion of a marriage, provided for in Articles 10, 11 and part 3 of Article 12 of this Code, as well as a marriage registered by spouses or one of them without the intention to create a family (fictitious marriage) is recognized as invalid.

3. The court is obliged, within three days from the date of entry into force of the court decision on recognizing the marriage as invalid, to send an extract from this decision to the body that carries out state registration of acts of civil status, at the place of state registration of marriage.

4. Marriage is recognized as invalid from the moment of its state registration.

Article 21 Persons entitled to apply for annulment of a marriage

The following persons have the right to file a claim for recognition of a marriage as invalid:

a) a minor spouse, his parents (legal representatives), guardianship and guardianship authority, if the marriage is concluded with a person who has not reached marriageable age. After the minor spouse reaches the age of eighteen, only that spouse has the right to file a claim for recognition of the marriage as invalid;

b) a spouse whose rights are violated by marriage, if the marriage was concluded in the absence of the voluntary consent of one of the spouses: as a result of coercion, deceit, delusion or the impossibility at the time of state registration of marriage to be aware of their actions and manage them;

c) a spouse who did not know about the existence of circumstances preventing marriage, a guardian of a spouse recognized as legally incompetent by a court, a spouse from a previous undissolved marriage, other persons whose rights have been violated by a marriage concluded in violation of the requirements of Article 11 of this Code, as well as a guardianship authority and guardianship;

d) a spouse who did not know about the fictitious marriage;

e) a spouse whose rights have been violated due to the circumstances provided for by paragraph 3 of Article 12 of this Code.

Article 22 Circumstances Precluding the Invalidity of a Marriage

1. The court may recognize the marriage as valid if, by the time of consideration of the case on recognizing the marriage as invalid, the circumstances preventing its conclusion have disappeared.

2. The court may dismiss a claim for invalidation of a marriage entered into with a person entering into marriage during the pregnancy of the wife or the birth of a child, or if the interests of the minor spouse so require, as well as in the absence of the consent of the minor spouse to recognize the marriage as invalid.

3. The court cannot recognize the marriage as fictitious, if the persons who registered such a marriage actually created a family before the consideration of the case by the court.

4. Marriage may not be declared invalid after the termination of the marriage, except for cases where there is a relationship between the spouses prohibited by law or the state of one of the spouses at the time of state registration of marriage in another undissolved marriage.

Article 23 Consequences of declaring a marriage invalid

1. A marriage declared invalid by a court does not give rise to the rights and obligations of the spouses provided for by this Code, except for the cases provided for by parts 4 and 5 of this article.

2. To property acquired jointly by persons whose marriage is recognized as invalid, the norms of civil legislation on shared ownership are applied.

3. A marriage contract concluded by persons whose marriage is recognized as invalid, as a rule, is recognized as invalid.

4. The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days after the date of recognition of the marriage as invalid.

5. When making a decision on recognizing a marriage as invalid, the court may recognize for the spouse whose rights have been violated by the conclusion of such a marriage (a bona fide spouse) the right to receive maintenance funds from the other spouse, and in the case of the division of property acquired jointly before the marriage was declared invalid, the right apply the norms of Article 26 of this Code, as well as recognize the marriage contract in full or in part as valid.

A conscientious spouse has the right to demand compensation for property damage caused to him in the manner prescribed by civil law.

6. A conscientious spouse shall have the right, upon recognizing a marriage as invalid, to retain the surname chosen by him during the state registration of marriage.

PERSONAL RIGHTS AND DUTIES OF SPOUSES

Article 24 Equality of spouses in the family

1. Each of the spouses is free to choose a job, occupation, profession, place of residence.

2. Issues of motherhood, fatherhood, upbringing and education of children, as well as other issues of family life are resolved by spouses jointly based on the principle of equality of spouses.

3. Spouses are obliged to build their relationships in the family on the basis of mutual assistance and mutual respect, to help strengthen the family, to take care of the well-being and development of their children.

Article 25 The right of spouses to choose their last name

1. When concluding a marriage, the spouses may, at their option, choose the surname of one of the spouses as a common surname or retain their premarital surname.

The common surname of the spouses may be the surname of one of the spouses or a surname that includes both the surnames of both spouses. The common surname cannot include more than two surnames.

2. A change of surname by one of the spouses does not entail a change of the surname of the other spouse.

PROPERTY RIGHTS AND DUTIES OF SPOUSES

Article 26 Common joint property of the spouses

Relations related to the common joint property of the spouses are regulated by the Civil Code, as well as by the marriage contract concluded by the spouses.

Article 27. Marriage contract

A marriage contract is an agreement of persons entering into marriage, or an agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) upon its dissolution.

Article 28 Conclusion of a marriage contract

1. A marriage contract may be concluded both before the state registration of marriage, and at any time during the marriage.

A marriage contract concluded before the state registration of the conclusion of marriage shall enter into force from the moment of the state registration of the conclusion of marriage.

2. A marriage contract is concluded in writing and is subject to notarization.

Article 29 The content of the marriage contract

1. By a marriage contract, the spouses may change the limits of common property, establish joint, shared ownership or the ownership of each of them on all the property of the spouses, on its separate types or on the property of each of the spouses.

A marriage contract can be concluded both in relation to the existing property of the spouses and in relation to the property acquired in the future.

Spouses have the right to determine by the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses, determine the property that will be transferred to each of them upon dissolution of the marriage, and also have the right to provide for any other norms in the marriage contract concerning their property relations.

2. The rights and obligations stipulated by the marriage contract may be limited to a certain period or made dependent on the occurrence of certain conditions, or vice versa.

3. A marriage contract may not restrict the legal capacity or legal capacity of spouses, their right to apply to the court for the protection of their rights, regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children, provide for norms restricting the right of an incapacitated, unsecured spouse to demand funds for maintenance , include other conditions that put one of the spouses in a disadvantageous position or are contrary to the basic principles of family law.

Article 30 Change and termination of the marriage contract

1. A marriage contract may be changed or terminated at any time by agreement of the spouses. A marriage contract may be amended or terminated in accordance with the procedure established for concluding a marriage contract.

Unilateral refusal to perform a marriage contract is not allowed.

2. At the request of one of the spouses, the marriage contract may be amended or terminated in a judicial proceeding on the grounds and in the manner established by civil law for the amendment and termination of contracts.

3. The validity of the marriage contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.

Article 31 Recognition of the marriage contract as invalid

1. A marriage contract may be recognized by the court as invalid in whole or in part on the grounds established by the Civil Code for the invalidity of transactions.

2. The court may also invalidate the marriage contract in whole or in part at the request of one of the spouses, if the terms of this contract put this spouse in an extremely unfavorable position. The terms of a marriage contract that violate other requirements of paragraph 3 of Article 29 of this Code are void.

RESPONSIBILITY OF THE SPOUSES FOR THEIR OBLIGATIONS

Article 32 Foreclosure on the property of spouses

1. For the obligations of one of the spouses, execution may be levied only on the property of this spouse. If this property is insufficient, the creditor shall have the right to demand the allocation of the share of the debtor spouse due to the debtor spouse from the common property of the spouses, in order to levy execution on it.

2. Collection is levied on the common property of the spouses for the common obligations of the spouses. If it is established by a court verdict that the common property of the spouses was acquired or increased at the expense of funds acquired by one of the spouses in a criminal way, then recovery may be levied, respectively, on the common joint property of the spouses or on a part of it.

3. Liability of spouses for harm caused to their children is determined in accordance with the procedure established by civil legislation. In this case, the execution of the property of the spouses shall be levied in accordance with paragraph 2 of this article.

Article 33 Guarantees of the rights of creditors when concluding, amending and terminating a marriage contract

1. The spouse is obliged to notify his creditor (creditors) of the conclusion of the marriage contract, its amendment or termination. If this obligation is not fulfilled, the spouse is liable for his obligations, regardless of the content of the marriage contract.

2. The creditor (creditors) of the spouse-debtor shall have the right to demand a change in the terms of the agreement concluded between them or to terminate the agreement due to significantly changed circumstances in the manner prescribed by civil law.

ESTABLISHING THE FACT OF THE ORIGIN OF CHILDREN

Article 34 The basis for the emergence of the rights and obligations of parents and children

The rights and obligations of parents and children are based on the fact of the origin of children, confirmed in the manner prescribed by law.

Article 35 Establishing the fact of the origin of the child

1. The origin of a child from a mother (maternity) is confirmed on the basis of documents certifying the birth of a child by this mother in a medical organization, and if the child was born outside a medical organization, on the basis of relevant medical documents, statements of witnesses or other evidence.

2. If a child was born from married persons, the spouse of the child's mother is recognized as the child's father, unless otherwise is proved. The paternity of the spouse of the mother of the child is certified by the state registration of their marriage.

If a child was born within three hundred days after the dissolution of the marriage, or the recognition of the marriage as invalid, or the death of the spouse of the child's mother, the child's paternity is established on the basis of the mother's application.

3. The paternity of a person who is not married to the mother of a child is established on the basis of a joint application of the father and mother of the child in the bodies that carry out state registration of acts of civil status. In the event of the death of the mother, or declaring her incompetent by the court, or the impossibility of establishing her location, or depriving her of parental rights, the paternity of the child is established on the basis of the father’s application with the consent of the guardianship and guardianship authority, and in the absence of consent, by decision of the court.

If there are circumstances that give reason to believe that it may be impossible or difficult to submit a joint statement on establishing paternity after the birth of a child, the unmarried parents of the unmarried child may submit such an application to the state registration authority, in during the mother's pregnancy. In this case, the record of the child's parents is made after the birth of the child.

4. Establishment of paternity in relation to an adult person is allowed only with his consent, and if it is recognized by the court as incapable, - with the consent of his guardian (custodian) or guardianship and guardianship authority.

Article 36. Establishment of paternity in court

If a child is born to parents who are not married to each other, if there is no joint statement of the parents or the statement of the father of the child, the fact of the child's origin from a particular person (paternity) is established in court at the request of one of the parents, guardian (custodian) of the child or application of the person who is dependent on the child, and when the child reaches the age of majority - according to the application submitted by him. In this case, the court takes into account any evidence that reliably confirms the origin of this child from this particular person.

Article 37 Establishment by the court of the fact of recognition of paternity

In the event of the death of a person who recognized himself as the father of the child, but was not married to the mother of the child, the fact of recognizing himself as the father of the child (paternity) may be established in court in accordance with the norms established by the civil procedural legislation.

Article 38 Recording the child's parents in the state birth registration book

The entry of the child's parents in the State Birth Registration Book shall be made in accordance with the procedure established by the legislation of the Republic of Armenia.

Article 39 Contesting paternity (maternity)

1. An entry about parents in the book of state registration of births, made in accordance with Article 38 of this Code, may be challenged only in court at the request of a person recorded as the father or mother of the child, or a person who is actually considered the father or mother of the child, at at the request of the guardian (custodian), the guardian (curator) of the parent recognized by the court as incompetent, as well as at the request of the child himself, who has reached the age of majority.

2. The requirement to challenge the paternity of a person recorded in the State Birth Registration Book as the father of a child born to unmarried parents cannot be satisfied if it is proved that at the time of the entry by the father of the child, this person knew that he was not actually is the father of the child.

3. A spouse who, in accordance with the procedure established by law, has given written consent to the use of the method of artificial insemination or implantation of an embryo, is not entitled, after registration of the birth of a child, to dispute the paternity of a child born in this way.

Spouses who gave their consent to the implantation of the embryo and to the bearing of the fetus by another woman, as well as the woman who bore the fetus, are not entitled to refer to this circumstance when contesting after the registration of the birth of the child.

Article 40 Rights and obligations of children born to unmarried persons

When establishing paternity in the cases and in the manner provided for by this Code, children have the same rights and obligations in relation to their parents and their relatives as children born to married persons.

RIGHTS AND OBLIGATIONS OF PARENTS

Article 49 Equality of rights and obligations of parents

1. Parents have equal rights and bear equal obligations in relation to their children (parental rights).

2. The parental rights provided for by this chapter shall terminate when the children reach the age of eighteen years, as well as when the children enter into marriage in the prescribed manner, in cases where the children acquire full legal capacity in the manner prescribed by law, before they reach the age of majority.

Article 50 Rights of minor unmarried parents

1. Minor parents who are not married have the right to live together with their child and to participate in his upbringing.

2. In the event of a child being born to unmarried minor parents, as well as when their motherhood and (or) paternity are established, the parents may independently exercise parental rights upon reaching the age of marriage.

Before the minor parents reach marriageable age, their child may be appointed a guardian who will bring up this child together with the minor parents. Disagreements arising between the guardian of the child and minor parents are regulated by the body of guardianship and guardianship.

3. Minor parents who are not married have the right to recognize or dispute their paternity and maternity on a general basis.

Article 51 The rights and obligations of parents in the upbringing and education of children

1. Parents have the right and duty to raise their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a preferential right to raise their children over all other persons.

1. Parents are obliged to ensure that their children receive an education.

Parents, taking into account the opinion of their children, have the right to choose an educational institution and the form of education for children until the children receive basic general education.

Article 52 Rights and obligations of parents to protect the rights and interests of children

The protection of the rights and legitimate interests of children rests with their parents.

Parents are considered legal representatives of their children and, without a power of attorney, act to protect their rights and interests in any relationship with individuals and legal entities, as well as in court.

Article 53 Exercise of parental rights

1. Parental rights cannot be exercised in conflict with the interests of children.

Ensuring the interests of children should be the main concern of parents.

When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development. Ways of raising children should exclude neglect, cruel, rude, degrading treatment, insult or exploitation.

Parents exercising parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.

2. All issues related to the upbringing and education of children, parents decide by mutual agreement based on the interests of the children and taking into account the opinion of the child who has reached the age of ten years. Parents (one of them), in case of failure to reach mutual agreement, may apply for resolution of existing disagreements to the guardianship and guardianship authority or the court.

3. When the parents live apart, the place of residence of the children is determined by the agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinion of the child who has reached the age of ten years. At the same time, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the age of the child, the moral and other personal qualities of the parents, the relationship that exists between each of the parents and the child, the possibility of creating conditions for the child’s upbringing and development (type of activity (nature of work) parents, their property and marital status, etc.).

Article 54 Exercise of parental rights by a parent living separately from the child

1. A parent living separately from the child has the right to communicate with the child, to participate in his upbringing, to resolve issues of the child's education.

The parent with whom the child lives must not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.

2. Parents have the right to conclude a written agreement on the exercise of parental rights by a parent living separately from the child.

If the parents cannot reach an agreement, then at the request of the parents or one of them, the dispute is resolved by the court with the obligatory participation of the guardianship and guardianship authority.

3. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child who has reached the age of ten years.

4. A parent living separately from the child has the right to receive information about their child from educational and medical organizations, social protection organizations or other similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Article 55 Duty of non-native parents to raise and support non-native children

Non-native parents are obliged to bring up and support children born in the previous marriage of the spouse and living together with them (non-native children).

Article 56 The right of a child to communicate with grandparents, brothers, sisters and other relatives

1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child.

2. If the parents or one of them refuse to provide the child with the opportunity to communicate with close relatives, the guardianship and guardianship authority may oblige the parents or one of them not to impede this communication.

3. If the parents or one of them do not comply with the decision of the body of guardianship and guardianship, close relatives of the child may apply to the court with a claim to remove obstacles to communication with the child. The court resolves the dispute proceeding from the interests of the child and taking into account the opinion of the child who has reached the age of ten years.

Article 57 Parental protection

1. Parents may demand the return of their child from a person who keeps him/her without legal grounds or without a court decision. In the event of a dispute, parents can apply to the court for the protection of their parental rights.

The court may, taking into account the opinion of a child who has reached the age of ten years, refuse to satisfy the claim of the parents, if it comes to the conclusion that the transfer of the child to the parents is not in the interests of the child.

2. If it is established in court that neither the parents nor the person who has the child are able to ensure his upbringing and development, the court shall transfer the child to the care of the guardianship and guardianship body.

Article 58 Removal of a child in case of a direct threat to his life and health

1. In the event of a direct threat to the life and health of a child, the guardianship and guardianship body shall have the right to immediately take the child away from the parents (one of them) or from the persons to whose care the child has been placed.

2. When a child is taken away, the body of guardianship and guardianship is obliged to immediately provide temporary accommodation for the child and, within seven days, apply to the court with a claim to deprive the parents (one of them) of parental rights or to restrict their parental rights.

Article 59 Deprivation of parental rights

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

a) maliciously evade the fulfillment of parental duties, including the payment of alimony;

b) refuse without good reason to take their child from a maternity hospital or other medical organization, as well as an educational organization, social protection organization or other similar organizations;

c) abuse their parental rights, including having a harmful effect on children with their immoral behavior;

d) mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;

e) suffer from chronic alcoholism or drug addiction, substance abuse;

f) have committed an intentional crime against their children.

Article 60 The procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in a judicial proceeding.

Cases on deprivation of parental rights are considered at the request of one of the parents (legal representative), as well as at the request of bodies and organizations (guardianship and guardianship bodies, organizations provided for orphans and children left without parental care, and others), against which responsible for the protection of children's rights.

2. Cases on deprivation of parental rights are considered with the obligatory participation of the guardianship and guardianship authority.

3. If the court, when considering a case on deprivation of parental rights, finds signs of a criminally punishable act in the actions of the parents or one of them, it is obliged to notify the relevant competent authorities about this.

4. The court is obliged, within three days from the date of entry into force of the court decision on the deprivation of parental rights, to send an extract from this decision to the body that carries out state registration of acts of civil status, at the place of state registration of the child's birth.

Article 61 Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights (including the right to receive maintenance funds from him, as well as the right to benefits and state benefits that established for citizens with children).

2. Deprivation of parental rights does not release parents from the obligation to support their child.

3. The issue of further cohabitation of the child and parents or one of them, who are deprived of parental rights, shall be resolved in court.

4. In case of deprivation of parents or one of them of parental rights, the child retains the right of ownership to a dwelling or the right to use a dwelling, and in the absence of a dwelling, the right to receive a dwelling in accordance with housing legislation, and also retains property rights based on kinship with parents and other relatives (including the right to receive an inheritance).

5. If it is impossible to transfer the child to another parent or if both parents are deprived of parental rights, he is transferred to the care of the guardianship and guardianship authority.

6. In case of deprivation of parents or one of them of parental rights, adoption of a child is allowed not earlier than six months after the court decision on deprivation of parental rights comes into force.

Article 62 Restoration of parental rights

1. Parents or one of them may be reinstated in parental rights if they have changed their behavior, lifestyle and (or) attitude to raising a child.

2. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on the restoration of parental rights are considered with the obligatory participation of the guardianship and guardianship authority.

3. Simultaneously with the application for the restoration of parental rights, the request for the return of the child to the parents or one of them may be considered.

4. Restoration of parental rights in relation to a child who has reached the age of ten years is made taking into account his opinion.

The court has the right, taking into account the opinion of a child who has reached the age of ten years, to reject a claim for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights is not allowed if the child is adopted and the adoption is not canceled in accordance with the established procedure.

Article 63 Restriction of parental rights

1. Based on the interests of the child, the court may decide to take the child away from the parents (one of the parents) without depriving them of parental rights (restriction of parental rights).

2. Restriction of parental rights is allowed if leaving a child with parents or one of them is dangerous for him due to circumstances beyond the control of the parents or one of them (mental or other chronic illness, severe circumstances, etc.).

Restriction of parental rights is also allowed in cases where even leaving a child with parents or one of them due to their behavior is dangerous for the child, but there are no sufficient grounds for depriving the parents or one of them of parental rights. If the parents or one of them do not change their behavior, the guardianship and guardianship authority, after six months after the entry into force of the court decision on the restriction of parental rights, is obliged to file a claim for deprivation of parental rights. Based on the interests of the child, the guardianship and guardianship authority may file a claim to deprive the parents or one of them of parental rights before the expiration of this period.

3. A claim for restriction of parental rights may be filed by the child's close relatives, bodies and organizations entrusted by law with the duty to protect the rights of children, preschool, general education and other organizations.

4. Cases on restriction of parental rights are considered with the obligatory participation of the guardianship and guardianship authority.

5. The court is obliged, within three days from the date of entry into force of the court decision on the restriction of parental rights of parents or one of them, to send an extract from the decision to the body that carries out state registration of acts of civil status, at the place of state registration of the child's birth.

Article 64 Consequences of Restricting Parental Rights

1. Parents, whose parental rights are limited in accordance with the established procedure, lose the right to personal upbringing of the child, as well as the right to benefits and state benefits established for citizens with children.

2. Restriction of parental rights does not release parents from the obligation to support the child.

3. In the event of restriction of the parental rights of the parents or one of them, the child retains the right of ownership to the dwelling or the right to use the dwelling, and in the absence of the dwelling, the right to receive the dwelling in accordance with the housing legislation, and also retains property rights based on kinship with parents and other relatives (including the right to receive an inheritance).

4. In case of restriction of the parental rights of the parents, the child is transferred to the custody of the guardianship and guardianship authority.

Article 65 Communication of a child with parents whose parental rights are limited

Parents whose parental rights are restricted in accordance with the established procedure may be allowed contact with the child, if this does not have a harmful effect on the child. Communication of parents with a child is allowed with the consent of the guardianship and guardianship authority, foster parents, guardian (custodian) of the child, or with the consent of the head of the organization or his deputy in which the child is located.

Article 66 Cancellation of Parental Restrictions

1. If the circumstances on the basis of which the parental rights of the parents or one of them were restricted have disappeared, the court, at the claim of the parents or one of them, may decide to return the child to the parents or one of them and to cancel the restrictions provided for by this Code.

2. The court, taking into account the opinion of a child who has reached the age of ten years, may refuse to satisfy the claim if the return of the child to the parents or one of them is contrary to his interests.

Article 67 Participation of the body of guardianship and guardianship in the consideration by the court of disputes related to the upbringing of children

1. When considering disputes related to the upbringing of children, the court must involve the guardianship and guardianship body in the case, regardless of who filed the claim in defense of the child.

2. The body of guardianship and guardianship is obliged to conduct a study of the life of the child and the person (persons) applying for his upbringing, and submit to the court an act of study and a conclusion based on it on the merits of the dispute.

MAINTENANCE OBLIGATIONS OF FAMILY MEMBERS

MAINTENANCE OBLIGATIONS OF PARENTS AND CHILDREN

Article 68 Responsibilities of parents for the maintenance of children

1. Parents are obliged to support their children.

The procedure and conditions for providing funds for the maintenance of children are determined by the parents independently.

Parents may enter into an agreement on the maintenance of their children (an agreement on the payment of alimony) in accordance with Chapter 15 of this Code.

2. If the parents do not provide funds for the maintenance of their children, the maintenance funds (alimony) are collected from the parents in a judicial proceeding.

Article 69 The amount of alimony for children collected in court

1. In the absence of an agreement between the parents on the payment of alimony for children, the collection of alimony from the parents is carried out in a judicial proceeding by paying monthly alimony in the amount of:

a) for one child - one quarter of the earnings and (or) other income of the parents;

b) for two children - one third of the earnings and (or) other income of the parents;

c) for three or more children - half of the earnings and (or) other income of the parents.

The amount of monthly payments provided for by this part for each child must not be less than the established amount of the minimum wage, and when alimony is collected from parents receiving unemployment benefits, 20 percent of unemployment benefits.

2. The size of the shares provided for by paragraph 1 of this article may be reduced or increased by the court, taking into account the property and family status and the interests of the parties deserving attention.

Article 70 Types of earnings and (or) other income of parents from which child support is deducted

The types of earnings and (or) other income that parents receive in Armenian drams or in foreign currency, from which alimony is deducted in favor of children in accordance with Article 69 of this Code, are determined by the legislation of the Republic of Armenia.

Article 71 Recovery of alimony for children in a fixed amount of money

1. In the absence of an agreement between the parents on the payment of alimony for children, the court has the right to establish the monthly amount of the exacted alimony in a fixed sum of money or both in a fixed sum of money and in shares.

The norms of the first paragraph of this part shall apply if the recovery of alimony in proportion to the earnings and (or) other income of the parents is impossible, or difficult, or significantly violates the interests of one of the recipients, as well as in cases where the parent who has the obligation to pay child support :

a) receives irregular or fluctuating earnings and (or) other income;

b) receives earnings and (or) other income in kind or in foreign currency;

c) does not receive or has no earnings and (or) other income.

2. The amount of a fixed amount of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the property and marital status of the parties that deserve attention.

3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other less well-to-do parent is determined by the court in accordance with part 2 of this article in a fixed amount of money subject to monthly collection.

Article 72 Recovery and use of alimony for children left without parental care

1. For children left without parental care, alimony is collected in accordance with Articles 69-71 of this Code and paid to the guardian (custodian) of the children.

2. Alimony collected from parents for children left without parental care and who are in educational, medical organizations, social protection organizations or other similar organizations are transferred to the accounts of these organizations, where they are recorded separately for each child.

These organizations can place these amounts in banks. Fifty percent of the income from the circulation of received amounts of alimony is used for the maintenance of children in these organizations. When a child leaves this organization, the organization transfers the amount of alimony received on him and fifty percent of the income from the circulation of this amount to a bank account opened in the name of the child.

Article 73 The right to alimony for disabled adult children

1. Parents are obliged to provide funds for the maintenance of their disabled adult children who need their help.

2. In the absence of an agreement on the payment of alimony, the amount of alimony for disabled adult children is determined by the court in a fixed sum of money. It is payable on a monthly basis based on the property and marital status and noteworthy interests of the parties.

Article 74 Participation of parents in additional expenses for children

1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to children or disabled adult unsecured children, the need to pay for special care for them and other circumstances), each of the parents may be involved by a court decision to participate in bearing additional costs arising from these circumstances.

The procedure for the participation of parents in bearing additional expenses and the amount of these expenses in a fixed amount of money is determined by the court based on the property and marital status and the interests of parents and children that deserve attention. This amount is payable monthly.

2. The court may oblige the parents to participate both in the additional expenses actually incurred and in the additional expenses that must be incurred in the future.

Article 75 Responsibilities of adult children for the maintenance of parents

1. Able-bodied adult children are obliged to support their disabled and needy parents and take care of them.

2. In the absence of an agreement on the payment of alimony, alimony for parents in need of assistance shall be collected from their adult able-bodied children in a judicial proceeding.

3. The amount of alimony in a fixed sum of money exacted from each of the children is determined by the court based on the property and marital status and the interests of parents and children that deserve attention. This amount is payable monthly.

4. When determining the amount of alimony from each of the adult children, the court may take into account all the adult able-bodied children of this parent, regardless of whether a claim is made against one, several of them, or all of them.

5. Children may be released from the obligation to support their disabled and needy parents if it is established by a court decision that the parents shied away from their parental duties at one time.

Children are released from the obligation to pay alimony to parents deprived of parental rights.

Article 76 Participation of adult able-bodied children in additional expenses for disabled parents

1. In the absence of care of adult able-bodied children for disabled parents and in the presence of exceptional circumstances (serious illness, injury to a parent, the need to pay for outside care for him and others), they may be attracted by a court decision to participate in bearing additional expenses arising from these circumstances.

2. The procedure for incurring additional expenses by each of the adult able-bodied children and the amount of these expenses is determined by the court, taking into account the property and family status and the interests of parents and children that deserve attention, subject to the requirements of parts 3-5 of Article 75 of this Code.

3. The procedure for incurring additional expenses and the amount of these expenses may be determined by agreement of the parties.

MAINTENANCE OBLIGATIONS OF SPOUSES AND FORMER SPOUSES

Article 77 Duties of spouses for mutual support

Spouses are obliged to financially support each other.

If such support is denied and there is no agreement between the spouses on the payment of alimony, the right to demand alimony in court from the other spouse who has the necessary funds for this have:

a) a disabled unsecured spouse;

b) a wife during pregnancy, as well as a spouse caring for a common child until the child reaches three years of age;

c) an unsecured spouse caring for a common child with a disability from childhood or an adult child with a disability of the first group.

Article 78 The right to receive maintenance from the former spouse after the dissolution of the marriage

1. The right to demand alimony in court from a former spouse who has sufficient material resources has:

a) the ex-wife during pregnancy, as well as the spouse caring for the common child until the child reaches three years of age;

b) an unsecured former spouse caring for a common child with a disability from childhood or a child with a disability of the first group;

c) a disabled, unsecured former spouse who became disabled before the dissolution of the marriage or within a year after the dissolution of the marriage;

d) an unsecured spouse who has reached retirement age within five years from the date of dissolution of the marriage, if the spouses have been married for fifteen years or more.

2. The amount of alimony and the procedure for their provision to the former spouse after the dissolution of the marriage may be determined by agreement of the former spouses.

Article 79 The amount of alimony collected from spouses and former spouses in court

In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied from the spouse (former spouse) in a court of law in a fixed amount of money is determined by the court based on the property and marital status and the interests of the spouses (former spouses) that deserve attention. This amount is payable monthly.

Article 80 Exemption from the obligation to support the other spouse or limitation of this obligation for a certain period

The court may release a spouse from the obligation to provide assistance to another disabled, insecure spouse or limit this obligation for a certain period both during the period of marriage and after the dissolution of the marriage, if the disability of the spouse in need of assistance has occurred:

a) as a result of abuse of alcoholic beverages, narcotic and (or) toxic substances or as a result of committing an intentional crime;

b) during the period of stay of the spouses in marriage with each other for a period not exceeding one year;

c) as a result of the manifestation of immoral behavior in the family of the spouse, requiring the payment of alimony (adultery, gambling, etc.).

MAINTENANCE OBLIGATIONS OF OTHER FAMILY MEMBERS

Article 81 Obligations of brothers and sisters to support their minor or disabled brothers and sisters

Minor brothers and sisters in need of assistance, if it is impossible to receive maintenance from their parents, have the right to receive alimony in court from their adult able-bodied brothers and sisters who have sufficient funds. The same right is granted to disabled brothers and sisters who need assistance if they cannot receive maintenance from their adult able-bodied children, spouse (former spouse) or parents.

Article 82 Responsibilities of grandparents for the maintenance of grandchildren

Minor grandchildren in need of assistance, if it is impossible to receive maintenance from their parents, have the right to receive alimony in court from their grandfathers and grandmothers who have the necessary funds. The same right is granted to disabled adult grandchildren in need of assistance if they cannot receive maintenance from their spouses (former spouses) or from their parents.

Article 83 Duty of grandchildren to support grandparents

Disabled grandparents in need of assistance, if it is impossible to receive maintenance from their adult able-bodied children or from their spouse (former spouse), have the right to receive alimony in court from their adult able-bodied grandchildren who have the necessary funds.

Article 84 Duty of children to support their actual caregivers

1. Disabled, unsecured persons who actually bring up children have the right to demand maintenance from their adult capable children in court if they cannot receive maintenance from their adult able-bodied children or from their spouse (former spouse).

2. The court may exempt children from providing maintenance to the actual caregivers if the actual caregivers have supported and raised them for less than five years, and also if they have supported and raised these children improperly.

3. The obligations provided for by paragraph 1 of this article shall not be imposed on persons who were dependent (in care), as well as on persons who were brought up in foster families.

Article 85 Responsibilities of stepsons and stepdaughters for the maintenance of stepfather and stepmother

1. A disabled stepfather and mother in need of assistance, who raised and supported their stepsons and stepdaughters, have the right to demand maintenance in court from adult able-bodied stepsons and stepdaughters who have sufficient funds necessary for this, if they cannot receive maintenance from their adult able-bodied children or from spouses (former spouses).

2. The court may release stepchildren and stepdaughters from the obligation to support their stepfather and stepmother if the latter raised or supported them for less than five years, and also if they did not properly fulfill their duties in the maintenance and upbringing of stepsons and stepdaughters.

Article 86 The amount of alimony collected in court in favor of other family members

1. The amount of alimony collected in favor of the persons specified in Articles 81-85 of this Code, and the procedure for their payment may be determined by agreement of the parties.

2. In the absence of an agreement between the parties, the amount of alimony collected by a court in a fixed sum of money, in each individual case, is established by the court based on the property and family status and the interests of the payer and the recipient of the alimony that deserve attention. This amount is payable monthly.

3. If several persons are required to support a family member who requires alimony, the court, depending on their property and family status, determines the amount of participation of each of them in the fulfillment of the alimony obligation. When determining the amount of alimony, the court has the right to take into account all persons obliged to pay alimony, regardless of whether a claim is brought against one, several of them or all of them.

SUPPORT AGREEMENT

Article 87 Conclusion of an agreement on the payment of alimony

An agreement on the payment of alimony (the amount, conditions and procedure for paying alimony) is concluded between the person obliged to pay alimony and the guardian, and in case of incapacity of the person obliged to pay alimony and (or) the recipient of alimony - between the legal representatives of these persons. Persons with limited legal capacity enter into an agreement on the payment of alimony with the consent of their legal representatives.

Article 88 Support agreement form

An agreement on the payment of alimony is concluded in writing and is subject to notarization.

Article 89 The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony

1. To the conclusion, execution, change, termination and invalidation of an agreement on the payment of alimony, the norms of civil law relating to the conclusion, execution, change, termination and invalidation of civil transactions are applied.

2. The agreement on the payment of alimony may be changed or terminated at any time by mutual agreement of the parties.

The form of change or termination of the agreement on the payment of alimony must correspond to the form in which it was concluded.

3. Unilateral change or termination of the agreement on the payment of alimony is not allowed.

4. In the event of a significant change in the property and marital status of the parties, as well as in the event of failure to reach an agreement on changing or terminating the agreement on the payment of alimony, the interested party has the right to apply to the court with a claim on changing or terminating this agreement. When deciding on the issue of changing or terminating the agreement on the payment of alimony, the court has the right to take into account any noteworthy interest of the parties.

Article 90 Recognition as invalid of an agreement on the payment of alimony that infringes on the interests of the recipient of alimony

If the conditions for providing maintenance to a child or an adult incapacitated family member stipulated by the agreement on the payment of alimony significantly infringe on their interests (in particular, in case of non-compliance with the requirements of part 2 of Article 91 of this Code), then such an agreement may be declared invalid in court at the request of the legal representative of the child or an adult incapacitated family member, as well as a guardianship and guardianship authority.

Article 91 Amount of alimony paid under an agreement on the payment of alimony

1. The amount of alimony paid under an agreement on the payment of alimony is determined by the parties.

2. The amount of alimony, determined by an agreement on the payment of alimony for children, cannot be lower than the amount of alimony levied on them in court.

Article 92 Methods and procedure for paying alimony under an agreement on the payment of alimony

1. The methods and procedure for paying alimony are determined by an agreement on the payment of alimony.

2. Alimony may be paid: in shares of earnings and (or) other income of a person obliged to pay alimony; in a fixed amount of money paid periodically; in a fixed amount of money paid at a time; by providing property, as well as in other ways in respect of which an agreement has been reached.

3. An agreement on the payment of alimony may provide for a combination of different ways of paying alimony.

Article 93 Indexation of the amount of alimony paid under an agreement on the payment of alimony

Indexation of the amount of alimony paid is carried out in accordance with the agreement on the payment of alimony. If the agreement on the payment of alimony does not provide for an indexation procedure, indexation is carried out in accordance with Article 105 of this Code.

PROCEDURE FOR PAYMENT AND COLLECTION OF ALIMENT

Article 94 Recovery of alimony by court order

In the absence of an agreement on the payment of alimony, the family members specified in Articles 68-86 of this Code may apply to the court with a claim for the recovery of alimony.

Article 95 Deadlines for applying for child support

1. A person who has the right to receive alimony may apply to the court for the recovery of alimony, regardless of the time elapsed from the moment the right to alimony arose, if the alimony was not paid earlier under an agreement on the payment of alimony.

Alimony is provided from the moment of applying to the court. Alimony for the past period may be collected for three years preceding the moment of applying to the court, if the court established that prior to applying to the court, measures were taken to obtain funds for maintenance, but the alimony was not received due to the person obliged to pay the alimony evading from paying them.

Article 96 Collection of alimony until the dispute is resolved by the court

1. In a case on the recovery of alimony, the court may issue a decision on the recovery of alimony before the entry into force of the court decision on the recovery of alimony, and in the case of recovery of alimony for children - before the decision on the recovery of alimony is made.

2. The amount of alimony to be recovered is determined by the court based on the property and marital status of the parties. The amount of alimony collected for children is determined in accordance with Article 69 of this Code.

Article 97 Obligation of the administration of the organization withholding alimony

The administration at the place of work (organization) of a person obliged to pay alimony on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is obliged to withhold alimony from the salary and (or) other income of this person on a monthly basis and pay or transfer them to the alimony recipient no later than a three-day period from the date of payment of wages and (or) other income to a person obliged to pay alimony.

Article 98 Withholding child support based on an agreement on the payment of alimony

Withholding of alimony on the basis of an agreement on the payment of alimony may also be carried out if the total amount of deductions on the basis of such an agreement or writ of execution exceeds fifty percent of the earnings and (or) other income of the person obliged to pay alimony.

Article 99 Obligation to report a change in the place of work of a person obliged to pay alimony

1. The administration of an organization that withheld alimony on the basis of a court decision or an agreement on the payment of alimony is obliged, within three days, to inform the compulsory executor of judicial acts at the place of execution of the decision on the recovery of alimony and the recipient of alimony about the dismissal from work of the person obliged to pay alimony, as well as about new place of his work or residence, if they are known to her.

2. A person obliged to pay alimony must, within the time period specified in paragraph 1 of this article, notify the compulsory executor of judicial acts and the recipient of alimony about a change in place of work or residence, and when paying alimony to children, also about the presence of additional earnings and (or) other income.

3. In case of non-disclosure of the information specified in parts 1 and 2 of this article without a valid reason, the persons guilty of this shall be liable in accordance with the procedure established by law.

Article 100 Foreclosure on the property of a person obliged to pay alimony

1. Collection of alimony in the amount established by the agreement on the payment of alimony or a court decision, as well as the collection of debt on alimony, is carried out from the earnings and (or) other income of the person obliged to pay alimony. In the event of insufficient earnings and (or) other income, alimony is withheld from the funds of the person obliged to pay alimony located in banks or other credit organizations, as well as from the funds transferred under agreements to commercial and non-profit organizations, except for agreements entailing the transfer of ownership. In case of insufficiency of these funds, foreclosure is levied on any property of the person obliged to pay alimony, which, according to the law, may be foreclosed.

2. Foreclosure on the funds held in the bank accounts of the person obliged to pay alimony, and on his other property is carried out in the manner prescribed by the civil procedural legislation.

Article 101 Determining child support arrears

1. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or a writ of execution shall be carried out within a three-year period preceding the presentation of an agreement on the payment of alimony or a writ of execution.

2. If the withholding of alimony on the basis of a writ of execution or an agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, the collection of alimony is carried out in court for the entire period, regardless of the three-year period established by Part 2 of Article 95 of this Code.

3. The amount of alimony debt is determined by the enforcement officer of judicial acts based on the amount of alimony determined by a court decision.

4. The amount of debt on alimony paid for children in accordance with Article 69 of this Code is determined based on the earnings and (or) other income of the person obliged to pay alimony for the period during which no alimony was collected. If the person obligated to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, the alimony debt is determined based on the double amount of the minimum wage established by law in the Republic of Armenia at the time of its collection. If such a determination of the amount of alimony arrears significantly violates the interests of one of the parties, then the party whose interests are violated may apply to the court. The court determines the debt for alimony in a fixed amount of money based on the property and marital status and other noteworthy interests of the parties.

Article 102 Exemption from payment of debts on alimony

1. When alimony is paid by agreement of the parties, exemption from payment of the debt on alimony or its reduction is possible with the mutual consent of the parties, except for cases of payment of alimony for children.

2. The court may, at the claim of a person obliged to pay alimony, release him in whole or in part from the payment of alimony arrears, if it establishes that the non-payment of alimony took place due to the illness of this person or for other valid reasons, and his property and family status does not makes it possible to pay off the resulting debt on alimony.

Article 103 Liability for late payment of alimony

1. If a debt is formed through the fault of a person who is obliged to pay alimony under an agreement on the payment of alimony, the guilty person shall be liable in the manner prescribed by this agreement.

2. If a debt is formed through the fault of a person who is obliged to pay alimony by a court decision, the guilty person shall pay the alimony recipient a penalty in the amount of 0.05 percent of the amount of unpaid alimony for each day of delay.

The recipient of alimony may also file a claim for the recovery from the person obliged to pay alimony and guilty of late payment of alimony, losses caused by the delay in fulfilling alimony obligations, in the part not covered by the penalty.

Article 104 Inadmissibility of set-off and reverse recovery of alimony

1. Alimony cannot be offset by other counterclaims.

2. The amounts of alimony paid out cannot be claimed back, except in the following cases:

a) cancellation of a court decision on the recovery of alimony on the basis of false information provided by the recipient of alimony or the submission of false documents by him;

b) recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deceit, threats or violence on the part of the alimony recipient;

c) establishment by a court decision of the fact of falsification of a court decision, agreement on the payment of alimony or a writ of execution on the basis of which the alimony was paid.

3. If the actions provided for by paragraph 2 of this article are committed by a representative of a child or an incapacitated adult receiving alimony, then the collection of alimony is not carried out, and the amounts of the paid alimony are recovered from the guilty representative at the suit of the person obliged to pay the alimony.

Article 105 Alimony indexation

For the purpose of indexation, the court sets the amount of alimony in a fixed amount of money corresponding to a certain number of minimum wages.

Article 106 Payment of alimony in the event of departure of a person obliged to pay alimony to a foreign state for permanent residence

1. A person leaving for permanent residence in a foreign state may conclude, in accordance with Articles 87, 88, 91 and 92 of this Code, an agreement on the payment of alimony with family members to whom, by law, he is obliged to provide funds for maintenance.

2. If an agreement is not concluded, the interested person may apply to the court with a demand to determine the amount of alimony in a fixed sum of money and for a lump sum payment of alimony, or to provide certain property on account of alimony, or to pay alimony in another way.

Article 107 Changing the amount of alimony established by the court and exemption from paying alimony

1. If, in the absence of an agreement on the payment of alimony, after the determination of the amount of alimony in court, the property and family status of one of the parties has changed, the court may, at the request of any of the parties, change the established amount of alimony or release the person obliged to pay alimony from their payment. When changing the amount of alimony or exempting from paying it, the court may also take into account the interests of the parties that deserve attention.

2. The court may refuse to collect alimony in favor of an adult capable person if it is established that he committed an intentional crime against the person obliged to pay alimony or in the case of immoral behavior of an adult capable person in the family.

Article 108 Termination of maintenance obligations

1. Alimony obligations established by an agreement on the payment of alimony shall be terminated by the death of one of the parties, the expiration of this agreement, or on other grounds provided for by this agreement.

2. The payment of alimony collected in a judicial proceeding is terminated:

a) after the child reaches the age of majority or after the children acquire full legal capacity before they reach the age of majority;

b) upon adoption (adoption) of a child for whose maintenance alimony was collected;

c) in case of restoration of working capacity or termination of need of the alimony recipient;

d) upon entry of a disabled former spouse in need of assistance and receiving alimony into a new marriage;

e) the death of a person receiving alimony or a person obliged to pay alimony.

IDENTIFICATION AND ARRANGEMENT OF CHILDREN LEFT WITHOUT PARENTAL CARE

Article 109 Protection of the rights and interests of children left without parental care

1. Protection of the rights and interests of children in the event of the death of parents, deprivation of their parental rights, restriction of their parental rights, recognition of parents as incapacitated, avoidance of parents from raising children or from protecting their rights and interests (including when parents refuse to take their children from educational , medical organizations, organizations of social protection of the population or other similar organizations), as well as in other cases of lack of parental care, is assigned to the guardianship and guardianship bodies that are subordinate to local governments.

Guardianship and guardianship authorities identify children left without parental care, keep records of such children, and, based on certain circumstances of the loss of parental care, select forms of placement for these children.

Other legal and natural persons, except for the guardianship and guardianship authorities, are not allowed to carry out activities for the placement of children left without parental care, except for the cases provided for by the legislation of the Republic of Armenia.

2. The head of the municipality shall submit to the municipal council for approval the personal composition of the guardianship and guardianship commission.

The exemplary charter of a body or commission on issues of guardianship and trusteeship is approved by the Government of the Republic of Armenia.

Article 110 Identification and registration of children left without parental care

1. Officials of institutions (preschool educational, general education, medical and other similar organizations) that have information about children specified in paragraph 1 of Article 109 of this Code are obliged to report this to the guardianship and guardianship authorities at the actual location of the children.

The body of guardianship and guardianship within three days from the date of receipt of such information is obliged to conduct a study of the living conditions of the child and, if it is revealed that there is no care of his parents or his relatives, to ensure the protection of the rights and interests of the child until the issue of his placement is resolved.

2. The heads of educational, medical organizations, organizations of social protection of the population and other similar organizations (in which there are children left without parental care) are obliged, within seven days from the day they became aware that the child can be transferred to be raised in a family, to inform about this to the body of guardianship and guardianship at the location of this organization.

3. The body of guardianship and guardianship, within 15 days from the receipt of the information provided for in parts 1 and 2 of this article, ensures the placement of the child. If it is not possible to transfer a child to a family for upbringing, this body sends information about such a child to the body authorized by the Government of the Republic of Armenia for registering such children and for the purpose of organizing the subsequent upbringing of children in families before the end of the specified period.

The relevant authorized body, within 15 days from the receipt of such information about children, organizes the placement of these children for subsequent education in the families of citizens, and if it is impossible, notifies the body authorized by the Government of the Republic of Armenia, which ensures centralized registration of children left without parental care, and assists in the subsequent placement of these children in families.

The procedure for centralized registration of children left without parental care is approved by the Government of the Republic of Armenia.

4. The heads and officials of the organizations specified in parts 2 and 3 of this article, for failure to fulfill their duties, for providing knowingly false information, as well as for committing such actions that are aimed at hiding a child from being placed in a family, are liable in in the manner prescribed by law.

Article 111 Arrangement for children left without parental care

1. Children left without parental care are subject to be transferred to a family (for adoption (adoption), guardianship (guardianship) or a foster family, and in the absence of such an opportunity, in an organization of all types for orphans or children left behind). without parental care (educational, medical organizations, social protection organizations or other similar organizations).

When placing a child, his ethnic origin, belonging to a certain religion and culture, his native language, the possibility of ensuring continuity in upbringing and education should be taken into account.

2. Until the placement of children left without parental care for upbringing in a family or in an organization specified in paragraph 1 of this article, the duties of a guardian (custodian) of children are temporarily assigned to the guardianship and guardianship body.

3. The list of organizations envisaged for the placement of orphans or children left without parental care, and the procedure for their placement shall be established by the Government of the Republic of Armenia.

ADOPTION (ADOPTION) OF CHILDREN

Article 112 Children to be adopted

1. Adoption is a legal act, according to which adoptive parents and adopted children acquire the rights and obligations provided by law for parents and children.

Adoption is considered a priority form of placement for children left without parental care.

2. Adoption is considered only in relation to children and only on the basis of their interests in compliance with the requirements of paragraph two of part 1 of Article 111 of this Code, as well as taking into account the opportunities to ensure children's physical, mental, spiritual and moral development.

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

4. Adoption of children-citizens of the Republic of Armenia by foreign citizens and stateless persons is allowed only in cases where it is not possible to transfer these children for upbringing to the families of citizens of the Republic of Armenia permanently residing in the territory of the Republic of Armenia, or for the adoption of children by their relatives. Information about children to be adopted is provided to foreign citizens three months after the said children are placed on the centralized register.

Article 113 Procedure for adopting a child

1. Adoption is carried out by the court at the request of the person (persons) wishing to adopt a child. Consideration of the case on establishing the adoption of a child is carried out by the court in the manner of special proceedings established by civil procedural legislation.

Cases on the establishment of the adoption of children are considered by the court with the obligatory participation of the body of guardianship and guardianship and the person wishing to adopt.

2. In order to adopt a child, the conclusion of the body authorized by the Government of the Republic of Armenia on the validity of the adoption and on the conformity of this adoption to the interests of the adopted child is required, indicating the fact of personal communication between the adopted child and the adoptive parent(s).

The procedure for the transfer of children for adoption, as well as the control over the living conditions and upbringing of children in the families of adoptive parents in the territory of the Republic of Armenia are carried out in accordance with the procedure established by law.

3. The rights and obligations of an adopted child and an adoptive parent(s) arise from the moment the court decision on adoption comes into force.

The court is obliged, within three days from the date of entry into force of the court decision on establishing the adoption of the child, to send an extract from this decision to the body that carries out state registration of acts of civil status, at the place where the decision was made.

The adoption of a child is subject to state registration in accordance with the procedure established by the Law of the Republic of Armenia on civil status acts.

Article 114 Accounting for children to be adopted and persons wishing to adopt children

1. Registration of children subject to adoption is carried out in accordance with the procedure established by paragraph 3 of Article 110 of this Code.

2. Registration of persons wishing to adopt children is carried out in accordance with the procedure established by the Government of the Republic of Armenia.

Registration of foreign citizens and stateless persons wishing to adopt children-citizens of the Republic of Armenia is carried out by the body authorized by the Government of the Republic of Armenia.

Article 115 Inadmissibility of intermediary activities for the adoption of children

1. Intermediary activity in the adoption of children (that is, any activity of other persons in the selection and transfer of children for adoption on behalf of and in the interests of persons wishing to adopt) is not allowed. Such activities do not include the activities of guardianship and guardianship bodies and bodies authorized by the Government of the Republic of Armenia for the identification and placement of children left without parental care.

2. Persons wishing to adopt a child may participate in the adoption process directly or through their legal representatives.

3. Persons carrying out intermediary activities for the adoption of children shall bear responsibility in accordance with the procedure established by law.

Article 116 Persons eligible for adoption

1. Adoptive parents may be adults, with the exception of:

b) spouses, one of whom is recognized by the court as incapable or partially incapacitated;

c) persons deprived of parental rights or limited in parental rights in a judicial proceeding;

d) persons removed from the duties of a guardian (custodian) for improper performance of the duties assigned to them by law;

f) persons who, for health reasons, cannot exercise parental rights.

The list of diseases, in the presence of which a person cannot adopt a child, take him under guardianship (guardianship), take him into foster care, is approved by the Government of the Republic of Armenia;

g) persons who, at the time of adoption, do not have an income that would provide a living wage for the adopted child;

h) persons who do not have a permanent place of residence, as well as a dwelling that meets the established sanitary and technical requirements;

i) persons who, at the time of adoption, have a criminal record for a grave or especially grave crime against a person or against public order and morality.

2. Unmarried persons cannot jointly adopt the same child.

3. If there are several persons wishing to adopt the same child at the same time, the preferential right is granted to the relatives of the child and non-native parents, provided that the requirements provided for in part 1 (with the exception of paragraphs g "and h") and part 2 are met. of this article, and the interests of the adopted child.

Article 117 Age difference between adopter and adoptee

1. The age difference between an unmarried adopter and an adopted child must be at least eighteen years.

2. When a child is adopted by a stepfather (stepmother), the limitation of the age difference established by part 1 of this article is not provided.

Article 118 Parental consent to adopt a child

1. For the adoption of a child, the written consent of his parents is required. When adopting a child of minor parents, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and guardianship authority.

The consent of the parents to the adoption of a child must be expressed in a statement certified by a notary public or certified by the head of the organization in which the child is left without parental care, or by the guardianship and guardianship authority at the place of adoption of the child or at the place of residence of the parents, and the consent may be expressed directly in court during the adoption.

2. Parents may revoke their consent to the adoption of a child before the entry into force of the court decision on his adoption.

3. Parents may consent to the adoption of a child by certain persons or without specifying a specific person. Consent to adopt a child can only be given after the birth of the child.

Article 119 Adoption of a child without parental consent

The consent of the child's parents for adoption is not required if they:

a) are unknown or recognized as missing by the court;

b) have been declared legally incompetent by the court;

c) deprived of parental rights by the court;

d) for reasons recognized by the court as disrespectful, they do not live together with the child for more than one year and evade his upbringing and maintenance.

Article 120 Consent to the adoption of a child by guardians (custodians), adoptive parents in whose families there are children left without parental care

1. For the adoption of children under guardianship (trusteeship), the written consent of their guardians (custodians) is required.

For the adoption of children in foster families, the written consent of the adoptive parents is required.

2. Based on the interests of the child, the court may make a decision on his adoption without the consent of the persons specified in paragraph 1 of this article.

Article 121 Consent of the adopted child to adoption

1. For the adoption of a child who has reached the age of ten, his consent is required.

2. If, prior to filing an application for adoption, the child lived in the family of the adopter and considers him to be his parent, adoption as an exception may be made without obtaining the consent of the child being adopted.

Article 122 Consent of the spouse of the adoptive parent to the adoption of the child

1. When a child is adopted by one of the spouses, the written consent of the other spouse for adoption is required, unless the child is adopted by both spouses.

2. The consent of the other spouse to the adoption of a child is not required if the spouses have terminated family relations, have not lived together for more than a year, and the place of residence of the other spouse is unknown.

Article 123 Name, patronymic and surname of the adopted child

1. An adopted child may retain his first name, patronymic and last name.

2. The patronymic of an adopted child is determined by the name of the adopter, if the adopter is a man, and when a woman adopts a child, by the name of the person indicated by her as the father of the adopted child.

3. At the request of the adopter, the adopted child shall be assigned the surname of the adopter, as well as the given name.

4. If the surnames of the adopting spouses are different, by agreement of the adopting spouses, the adopted child shall be assigned the surname of one of them.

5. When a child is adopted by a person who is not married, at his request, the surname, name and account of the father (mother) of the adopted child are recorded in the state birth registration book at the direction of this person (adoptive parent).

6. A change in the last name, first name and patronymic of an adopted child who has reached the age of ten years can be made only with his consent, except for the cases provided for by Part 2 of Article 121 of this Code.

7. The change of the last name, first name and patronymic of the adopted child is indicated in the court decision on his adoption.

Article 124 Changing the date and place of birth of an adopted child

1. To ensure the secrecy of adoption, at the request of the adopter, the date of birth may be changed, but not more than three months, as well as the place of his birth.

Changing the date of birth of an adopted child is allowed only when adopting a child under the age of one year.

2. Changes in the date and (or) place of birth of an adopted child are indicated in the court decision on his adoption.

Article 125 Registering Adoptive Parents as Parents of an Adopted Child

1. At the request of the adoptive parents, the court may decide to record the adoptive parents in the state birth registration book as the parents of the child adopted by them.

2. To make such an entry in respect of an adopted child who has reached the age of ten, the consent of the child is required, except for the cases provided for by paragraph 2 of Article 121 of this Code.

3. The need to make a record of the adoptive parents as the parents of an adopted child is indicated in the court decision on the adoption of the child.

Article 126 Legal Consequences of Adopting a Child

1. Adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring shall be equated in their personal non-property and property rights and obligations to relatives by origin.

2. Adopted persons lose their personal non-property and property rights and are released from obligations in relation to their parents (relatives).

3. When a child is adopted by one person, personal non-property and property rights and obligations may be preserved at the request of the mother, if the adopter is a man, or at the request of the father, if the adopter is a woman.

4. If one of the parents of the adopted child has died, then at the request of the parents of the deceased parent (grandfather or grandmother of the child), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if this is required by the interests of the child.

The right of the relatives of the deceased parent to communicate with the adopted child shall be exercised in accordance with the procedure established by Article 56 of this Code.

5. The preservation of the relationship of the adopted child with one of the parents or relatives of the deceased parent is indicated in the court decision on the adoption of the child.

6. The legal consequences of the adoption of a child, provided for in parts 1 and 2 of this article, occur regardless of whether the adoptive parents are recorded as parents in the birth certificate of this child.

7. A woman who has adopted a newborn child has the right to post-natal leave, established by the labor legislation of the Republic of Armenia, and to other established benefits.

Article 127 Preservation of the right to a pension and allowance for an adopted child

A child who at the time of his adoption is entitled to a pension, an allowance in connection with the death of his parents, retains this right also after adoption.

Article 128 The secret of the adoption of a child

1. The secret of the adoption of a child is protected by law.

The judges who have issued a decision on the adoption of a child, or the head and employees of the body carrying out state registration of acts of civil status, carrying out state registration of adoption, as well as other persons who are aware of the adoption, are obliged to keep the secret of the adoption of the child.

2. Persons referred to in paragraph 1 of this article, who divulged the secret of the adoption of a child against the will of his adoptive parents, shall be liable in accordance with the procedure established by law.

Article 129 Cancellation of the adoption of a child

1. The adoption of a child is canceled by a court order.

2. The case on the cancellation of the adoption of a child is considered with the obligatory participation of the body of guardianship and guardianship.

3. Adoption is terminated from the date of entry into force of the court decision to cancel the adoption of a child.

The court is obliged, within three days from the date of entry into force of the court decision to cancel the adoption of a child, send an extract from this decision to the body that carries out state registration of acts of civil status, at the place of state registration of adoption.

Article 130 Grounds for canceling the adoption of a child

1. The adoption of a child may be canceled in cases where the adoptive parents evade the fulfillment of the duties of parents assigned to them, abuse parental rights, abuse the adopted child, are considered sick, suffering from chronic alcoholism, drug addiction or substance abuse, as well as in the event of the presence of a parent recognized by a court deceased or missing, review of the relevant court decision, restoration of legal capacity of a parent recognized as incapacitated - at the request of these parents.

2. The court may cancel the adoption of a child also on other grounds, based on the interests of the child and taking into account the opinion of the child who has reached the age of ten years.

Article 131 Persons entitled to demand the cancellation of the adoption of a child

The right to demand the cancellation of the adoption of a child has his parents, the adoptive parents of the child, the body of guardianship and guardianship, as well as the adopted child who has reached the age of eighteen years, in the cases provided for in Article 133 of this Code.

Article 132 Consequences of canceling the adoption of a child

1. When the adoption of a child is canceled by a court, the mutual rights and obligations of the adopted child and the adoptive parents (relatives of the adoptive parents) are terminated and the mutual rights and obligations of the child and his parents (relatives) are restored, if this is required by the interests of the child.

2. When the adoption is canceled, the child is transferred to the parents by a court decision. If the parents are absent or if the transfer of the child to the parents is contrary to his interests, the child is transferred to the custody of the guardianship and guardianship authority.

3. Simultaneously with the issue of canceling the adoption, the court also decides the issue of preserving the name, patronymic and surname of the child given to him in connection with the adoption, as well as preserving the changed date and place of his birth.

Changing the name, reporting and surname of a child who has reached the age of ten years is possible only with his consent.

Article 133 Inadmissibility of cancellation of adoption when the adopted child reaches the age of majority

Cancellation of the adoption of a child is not allowed if by the time the request for cancellation of the adoption is made, the adopted child has reached the age of majority, except in cases where such cancellation has the mutual consent of the adoptive parent and the adopted child, as well as the parents of the adopted child, if the parents are alive, have not been deprived of parental rights or they have not been declared incompetent by the court.

CUSTODIA AND CUSTODIA OF CHILDREN

Article 134 Children under guardianship or guardianship

1. Guardianship or guardianship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as protection of their rights and interests.

2. Guardianship and guardianship of children shall be appointed and terminated in accordance with the procedure established by the civil legislation.

Article 135 Guardians (custodians) of children

1. Guardians (custodians) of children may be appointed only full age capable persons with their consent.

2. When appointing a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee), his ability to perform the duties of a guardian (trustee), the relationship between the guardian (trustee) and the child, the attitude towards the child of family members of the guardian (trustee), and also, if possible, the desire of the child.

3. Persons suffering from chronic alcoholism, drug addiction or substance abuse, persons who have committed an intentional crime against human life and health, persons suspended from the duties of guardians (trustees), persons deprived of parental rights, persons limited in parental rights, former adoptive parents, if the adoption is canceled due to their fault, as well as persons who, for health reasons, cannot fulfill the obligation to raise a child.

Article 136 Guardianship (guardianship) of children in educational, medical organizations, social protection organizations or other similar organizations

1. Children who are in full state care in educational, medical organizations, organizations of social protection of the population or other similar organizations shall not be appointed a guardian (custodian). The fulfillment of its duties is entrusted to these organizations.

Temporary placement of children by guardians (trustees) in the organizations specified in this article does not terminate the rights and obligations of the guardian (trustee) in relation to these children.

2. The guardian (curator) specified in part 1 of this article shall not have the right to prevent the child from communicating with parents and other close relatives, except in cases where such communication is not in the interests of the child.

3. The civil rights and obligations of a guardian (custodian) are established by the Civil Code.

4. The guardian and custodian perform the duties of guardianship and guardianship in respect of a child under guardianship (trusteeship), free of charge.

FOSTER FAMILY

Article 137 Agreement on the transfer of a child to be raised in a family

1. The upbringing of a child (children) may be carried out in a foster family on the basis of an agreement on the transfer of a child to a family.

An agreement on the transfer of a child (children) to a family is concluded between the guardianship and guardianship authority and foster parents (spouses or individual citizens who wish to take children to be raised in their family).

2. The regulation on the foster family is approved by the Government of the Republic of Armenia.

3. The child (children) is transferred for upbringing to a foster family until they reach the age of majority for the period stipulated by the agreement.

4. An agreement on the transfer of a child (children) for upbringing to a family must provide for the conditions for the maintenance, upbringing and education of the child (children), the rights and obligations of adoptive parents, the obligations of the guardianship and guardianship body in relation to the foster family, as well as the grounds and consequences of termination of this agreement.

The amount of remuneration for foster parents and the benefits provided to a foster family, depending on the number of children placed in foster care, are established by the Regulations on the foster family.

5. An agreement on the transfer of a child (children) for upbringing to a family may be terminated ahead of schedule at the initiative of the adoptive parents if there are valid reasons (illness, changes in family or property status, lack of understanding with the child (children), conflicts between children and others), and also at the initiative of the guardianship and guardianship body in the event of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family, or in the event of the return of the child (children) to the parents, or in the case of adoption of the child (children).

Article 138 Adoptive parents

1. Adoptive parents may be adults, with the exception of:

a) persons recognized by the court as incapable or partially capable;

b) spouses, one of whom was recognized by the court as legally incompetent or partially incapacitated;

c) persons who have been deprived of parental rights in a court of law, or persons who have limited parental rights;

d) persons suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to them by law;

e) former adoptive parents, if the adoption is canceled by the court due to their fault;

f) persons who, for health reasons, cannot exercise parental rights;

g) persons who by that time do not have income that would provide a subsistence minimum for a child;

h) persons who do not have a permanent place of residence, as well as living space that meets the established sanitary and technical requirements;

i) persons who by this moment have a criminal record for an intentional crime against the life and health of citizens.

2. The selection of adoptive parents is carried out by the guardianship and guardianship authorities in compliance with the requirements provided for by paragraph 2 of Article 135 of this Code.

3. Foster parents acquire the rights and obligations of a guardian (custodian) in relation to the child (children) placed in foster care.

Article 139 Child (children) placed in foster care

1. A child (children) left without parental care (including those who are in educational, medical organizations, social protection organizations or other similar organizations) is transferred to a foster family for upbringing.

Children suffering from an acute or chronic infectious disease cannot be transferred to a foster family for upbringing, unless the foster family insists otherwise.

2. The preliminary selection of a child (children) for transfer to a foster family is carried out by persons wishing to accept a child (children) for upbringing in a family, in agreement with the guardianship and guardianship authorities.

The transfer of brothers and sisters to different foster families is not allowed, unless it is in their best interests.

3. The transfer of a child (children) to a foster family is carried out taking into account the opinion of the child who has reached the age of ten years.

4. A child (children) transferred to a foster family retains the right to alimony, pension, allowance and other social payments due to him, as well as the right of ownership of a dwelling, the right to use a dwelling, and in the absence of a dwelling, has the right to receive a dwelling. premises in accordance with housing legislation.

A child (children) transferred to a foster family also acquires the rights provided for in Articles 42-44 of this Code.

5. Adoption of a child placed for upbringing in a foster family shall be carried out on a general basis in the manner prescribed by this Code. An agreement on the transfer of a child for upbringing to a family is terminated from the moment of adoption.

Article 140 Maintenance of a child (children) transferred to a foster family

2. The body of guardianship and guardianship is obliged to provide the foster family with the necessary assistance, to promote the creation of conditions for the life and upbringing of the child (children), as well as to monitor the fulfillment of the duties assigned to foster parents.

SECTION Vll

APPLICATION OF FAMILY LAWS TO FAMILY RELATIONS INVOLVING FOREIGN CITIZENS AND STATELESS PERSONS

Article 141 Marriage on the territory of the Republic of Armenia

On the territory of the Republic of Armenia, marriages of foreign citizens and stateless persons are concluded in accordance with the procedure established by the legislation of the Republic of Armenia.

Article 142 Marriages in consular offices

1. Marriages between citizens of the Republic of Armenia residing outside the territory of the Republic of Armenia shall be entered into in the consular offices of the Republic of Armenia.

2. Marriages between foreign citizens entered into in the territory of the Republic of Armenia in the consular offices of foreign states are recognized as valid in the Republic of Armenia on the basis of reciprocity.

Article 143 Recognition of marriages entered into outside the territory of the Republic of Armenia

1. Marriages between citizens of the Republic of Armenia and marriages between citizens of the Republic of Armenia and foreign citizens or stateless persons, concluded outside the territory of the Republic of Armenia in compliance with the legislation of the state in whose territory they were concluded, are recognized as valid in the Republic of Armenia in the presence of consular legalization.

2. Marriages between foreign citizens, concluded outside the territory of the Republic of Armenia, if the legislation of the state in whose territory they were concluded, are recognized as valid in the Republic of Armenia, subject to consular legalization.

Article 144 Invalidity of marriages entered into on the territory of the Republic of Armenia or outside the territory of the Republic of Armenia

The invalidity of marriages entered into on the territory of the Republic of Armenia or outside the territory of the Republic of Armenia is determined by the legislation that was applied at the conclusion of the marriage.

Article 145 Divorce

1. Dissolution of marriage between citizens of the Republic of Armenia and foreign citizens or stateless persons, as well as marriage between foreign citizens in the Republic of Armenia, shall be carried out in accordance with the procedure established by the legislation of the Republic of Armenia.

2. Dissolution of marriage between citizens of the Republic of Armenia or dissolution of marriage between citizens of the Republic of Armenia and foreign citizens or stateless persons, committed outside the territory of the Republic of Armenia in compliance with the legislation of the state in whose territory they were concluded, shall be recognized as valid in the Republic of Armenia in the presence of consular legalization.

3. Divorce between foreign citizens, committed outside the territory of the Republic of Armenia in compliance with the legislation of the state in whose territory it was concluded, is recognized as valid in the Republic of Armenia in the presence of consular registration.

Article 146 Personal non-property and property rights and obligations of spouses

1. The personal non-property and property rights and obligations of spouses are determined by the legislation of the state in whose territory they have a joint place of residence, and in the absence of a joint place of residence - by the legislation of the state in whose territory they had the last joint place of residence. The personal non-property and property rights and obligations of spouses who did not have a joint place of residence are determined on the territory of the Republic of Armenia by the legislation of the Republic of Armenia.

2. When concluding a marriage contract or an agreement on the payment of alimony to each other, spouses who do not have a common citizenship or joint residence may choose the law to be applied to determine their rights and obligations under a marriage contract or an agreement on the payment of alimony. If the spouses have not chosen the legislation to be applied, the norms established by paragraph 1 of this article shall apply to the marriage contract or to the agreement on the payment of alimony.

Article 147 Establishment and contestation of paternity (maternity)

Establishment and contestation of paternity (maternity) in the territory of the Republic of Armenia is carried out in accordance with the procedure established by the legislation of the Republic of Armenia. In cases where the legislation of the Republic of Armenia allows the establishment of paternity (maternity) in the bodies that carry out state registration of acts of civil status, the parents of the child residing outside the territory of the Republic of Armenia, at least one of whom is considered a citizen of the Republic of Armenia, may apply for the establishment of paternity ( maternity) to the consular offices of the Republic of Armenia.

Article 148 Rights and obligations of parents and children

The rights and obligations of parents and children (including the obligation of parents to support children) are determined by the legislation of the state in whose territory they have a joint place of residence. In the absence of a joint place of residence of parents and children, the rights and obligations of parents and children are determined by the legislation of the state of which the child is a citizen. At the request of the plaintiff, the legislation of the state in whose territory the child permanently resides may be applied to maintenance obligations and to other relations between parents and children.

Article 149 Alimony obligations of adult children and other family members

Maintenance obligations of adult children in favor of their parents, as well as maintenance obligations of other family members, are determined by the legislation of the state in whose territory they have a joint place of residence. In the absence of a joint place of residence, such obligations are determined by the legislation of the state of which the person applying for alimony is a citizen.

Article 150 Adoption (adoption)

1. Adoption, as well as cancellation of adoption in the territory of the Republic of Armenia by foreign citizens or stateless persons of a child-citizen of the Republic of Armenia shall be carried out in the manner prescribed by the legislation of the Republic of Armenia.

Adoption of a child-citizen of the Republic of Armenia by foreign citizens or a stateless person is carried out upon receipt of prior consent by a decree of the Government of the Republic of Armenia.

When adopting in the territory of the Republic of Armenia by citizens of the Republic of Armenia a child who is a foreign citizen, it is necessary to obtain the consent of the legal representative of the child and the competent authority of the state of which the child is a citizen, as well as, if required by the legislation of the said state, the consent of the child who has reached the age of ten years, for adoption.

2. If, as a result of adoption, the rights of the child, established by the legislation of the Republic of Armenia and international treaties of the Republic of Armenia, may be violated, the adoption may not be carried out regardless of the citizenship of the adopter, and the adopted adoption shall be subject to cancellation in court.

3. Protection of the rights and legitimate interests of a child-citizen of the Republic of Armenia adopted by foreign citizens or stateless persons outside the territory of the Republic of Armenia, unless otherwise provided by international treaties of the Republic of Armenia, shall be carried out within the limits permitted by the norms of international law, consular institutions of the Republic of Armenia, in of which these children are registered until they reach the age of majority.

The procedure for registration by consular institutions of a child-citizen of the Republic of Armenia adopted by foreign citizens and stateless persons is approved by the Government of the Republic of Armenia.

4. Adoption of a child considered a citizen of the Republic of Armenia and residing outside the territory of the Republic of Armenia, carried out by the competent authority of a foreign state of which the adopter is a citizen, shall be recognized as valid in the Republic of Armenia upon receipt of prior consent to adoption by a decision of the Government of the Republic of Armenia.

Article 151 Establishing the content of foreign family law norms

1. When applying the norms of foreign family law, the court or bodies carrying out state registration of acts of civil status, and other bodies establish the content of these norms in accordance with their official interpretation and practice of application in the relevant foreign state.

In order to establish the content of the norms of foreign family law, the court, the bodies carrying out the state registration of acts of civil status, and other bodies may, in accordance with the established procedure, apply to the competent bodies of the Republic of Armenia or foreign competent bodies to obtain appropriate explanations or involve experts.

Interested persons have the right to submit documents confirming the content of the norms of foreign family law, to which they refer in substantiation of their claims and objections, or otherwise assist the court, the bodies that carry out state registration of acts of civil status, and other bodies in establishing the content of the norms of foreign family law.

Article 152 Restriction on the application of foreign family law

The norms of foreign family law shall not be applied if such application is contrary to the legal order (public order) of the Republic of Armenia. In this case, the legislation of the Republic of Armenia shall apply.

SECTION Vlll

FINAL AND TRANSITIONAL PROVISIONS

Article 153 Entry of this Code into force

1. This Code shall enter into force three months after its official publication.

Within one year from the date of entry into force of the Code, it is required to bring laws containing family law norms and other legal acts into line with the Code.

Until the laws containing the norms of family law and other legal acts are brought into line with the Code, they are applied insofar as they do not contradict the Code.

2. From the moment this Code enters into force, the Code on Marriage and Family of the Republic of Armenia (July 18, 1969) and the Decree of the Presidium of the Supreme Council of the Republic of Armenia on the Procedure for Enacting the Code on Marriage and Family of the Republic of Armenia" (November 27, 1969) shall be declared invalid. of the year.

FAMILY CODE OF THE REPUBLIC OF ARMENIA

SECTION 1

GENERAL PROVISIONS

CHAPTER 1 FAMILY LEGISLATION

Article 1 Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Republic of Armenia are under the patronage and protection of society and the state.

The state guarantees the priority protection of the rights of children. Family law is based on the need to strengthen the family, build family relations on mutual love and respect, mutual assistance and responsibility of all family members, inadmissibility of arbitrary interference anyone in family affairs, the priority of raising children in the family, ensuring the unimpeded exercise of their rights by family members, the possibility of judicial protection of these rights.

2. A marriage concluded only in the civil registration authorities is recognized.

3. Women and men shall enjoy equal rights upon entry into marriage, in marriage, and upon dissolution of marriage.

4. Legal regulation of family relations is carried out in accordance with principles of voluntary marriage of a man and a woman, equality of rights spouses in the family, resolving family issues by mutual agreement, caring for their well-being, ensuring priority protection of the rights and interests of minors and disabled family members.

5. Any restrictions on the rights of citizens upon entering into marriage and in family relations on the basis of social, racial, national, linguistic or religious affiliation.

The rights of citizens upon entering into marriage and in the family may be limited only by law and only to the extent that this restriction is necessary in order to protect the honor and good name of persons, health, freedom, rights and legitimate interests of other family members and other citizens.

Article 2 Relationships regulated by family law

Family law establishes the conditions and procedure for entering into marriage, terminating marriage and recognizing it as invalid, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and limits, provided for by family law, between other relatives and other persons, and also determines the forms and procedure for placing children left without parental care in a family.

Article 3. Legislation of the Republic of Armenia regulating family relations

1. Family relations in the Republic of Armenia are regulated by the Constitution of the Republic of Armenia, this Code, the Civil Code of the Republic of Armenia, other laws, international treaties of the Republic of Armenia, as well as other legal acts of the Republic of Armenia.

2. If other norms are established by an international treaty of the Republic of Armenia, than those provided for by family law, then the norms of an international treaty apply.

Article 4 Application to family relations of civil law

Civil legislation applies to property and personal non-property relations between family members, established by Article 2 of this Code and not regulated by family legislation, insofar as this does not contradict the essence of family relations.

Article 5 Application of family law and civil law to family relations by analogy

If relations between family members are not regulated by family law or by agreement of the parties and there are no civil law rules that directly regulate these relations, then such relations (if this does not contradict their essence) are subject to the rules of family and (or) civil law governing similar relations (analogy law). If it is impossible to apply the analogy of the law, the rights and obligations of family members are determined on the basis of the principles of family or civil law (analogy of law).

CHAPTER 2

IMPLEMENTATION AND PROTECTION OF FAMILY RIGHTS

Article 6 Exercise of family rights and fulfillment of family obligations

1. Citizens, at their own discretion, exercise the rights arising from family relations and granted to them by law (family rights, includingprotection of these rights), unless otherwise provided by this Code.

2. The exercise by family members of their rights and the performance of their dutiesshould not violate the rights, freedoms and legitimate interests of other family members and other persons.

3. Family rights are protected by law, unless they are exercised in conflict with the purpose of these rights.

Article 7 Protection of the rights of family members

The protection of the rights of family members is carried out in court, and in the cases and in the manner provided for by this Code, by the relevant state bodies or guardianship and guardianship authorities.

Article 8 Application of the statute of limitations in family relations

The limitation period does not apply to claims arising from family relations, except for the cases provided for by this Code. In such cases, the limitation period is applied in the manner prescribed by civil law.

SECTION II

CONCLUSION AND TERMINATION OF MARRIAGE

CHAPTER 3

CONDITIONS AND PROCEDURE FOR MARRIAGE

Article 9 The procedure for concluding a marriage

1. Marriage is concluded in the bodies that carry out state registration of acts of civil status, in the manner prescribed by the legislation of the Republic of Armenia, with the obligatory presence of persons entering into marriage.

2. The rights and obligations of spouses arise from the moment of state registration of marriage in the bodies that carry out state registration of acts of civil status.

Article 10 Conditions for marriage

1. In order to conclude a marriage, the mutual voluntary consent of the man and woman entering into marriage is required, and they must reach the age of marriage: women at the age of seventeen years, and men at the age of eighteen years.

2. Marriage is prohibited under the circumstances provided for in Article 11 of this Code.

Article 11 Circumstances preventing marriage

Marriage between:

A) persons, of which at least one is in another marriage registered in the manner prescribed by law;

b) close relatives (relatives in a direct ascending and descending line - parents and children, grandfather, grandmother and grandchildren, as well as relatives, brothers and sisters who have a common father or mother, children of a sister, mother's brother and father);

V) adoptive parents and adopted children;

G) persons, of which at least one is recognized by the court as incompetent.

Article 12 Medical examination of persons entering into marriage

1. Medical examination of persons entering into marriage, as well as counseling on medical genetic issues and family planning, are carried out by health organizations within the framework of annual targeted health care programs guaranteed by the state, at the request of persons entering into marriage.

2. The results of the examination of a person entering into marriage are a medical secret. These results, with the consent of the person who has undergone the examination, may be communicated to the person with whom he intends to marry.

3. If a person who has entered into marriage, at the time of state registration of marriage hid from the other spouse (wife) the presence of a venereal disease (including including the human immunodeficiency virus), as well as mental illness, drug addiction and substance abuse, then the other spouse (wife) has the right to apply to the court to invalidate the marriage.

CHAPTER 4 TERMINATION OF MARRIAGE

Article 13 Grounds for termination of marriage

1. Marriage is terminated due to the death of one of the spouses or the recognition by the court of one of the spouses as dead.

2. Marriage may be terminated by dissolution of marriage on the basis of the application of both spouses or one of the spouses, as well as on the basis of the application of the spouse's guardian, recognized by the court as legally incompetent.

3. A husband, without the consent of his wife, is not entitled to file an application for divorce during the wife's pregnancy.

Article 14 The procedure for dissolution of marriage

Dissolution of marriage is carried out in the bodies that carry out state registration of acts of civil status, in the cases provided for by this Code, and in the manner prescribed by law, as well as in court.

Article 15 Dissolution of marriage in the bodies carrying out state registration of acts of civil status

1. If there is mutual consent to the dissolution of the marriage of the spouses, the dissolution of theirmarriage is carried out in the bodies that carry out state registration of acts of civil status.

2. Dissolution of marriage on the basis of the application of one of the spouses is carried out in the bodies that carry out state registration of acts of civil status, if the other spouse:

A) recognized by the court as missing;

b) recognized by the court as incompetent;

V) sentenced to imprisonment for more than three years.

3. Disputes about the division of the common property of spouses, funds for the maintenance of a disabled, unsecured spouse, as well as disputes about children arising between spouses, are considered in court, regardless of the dissolution of marriage in the manner prescribed by Article 17 of this Code in the bodies that carry out state registration of acts of civil status.

Article 16 Divorce in court

1. Dissolution of marriage is carried out in a judicial proceeding:

A) in the absence of the consent of one of the spouses to divorce;

b) if one of the spouses, despite the fact that he has no objections, evades divorce in the bodies that carry out state registration of acts of civil status;

V) if the spouses, by mutual agreement, wish to dissolve the marriage in a judicial proceeding.

2. When considering a divorce case at the request of one of the spouses, the court has the right to take measures to reconcile the spouses and has the right to postpone the consideration of the case, giving the spouses up to three months for reconciliation.

In this case, the dissolution of the marriage is carried out if the spouses (one of them) insist on the dissolution of the marriage.

3. If there is mutual consent to the dissolution of the marriage, the court shall dissolve the marriage no later than within a month from the date of filing by the spouses of the application for the dissolution of the marriage.

Article 17 The procedure for considering disputes arising between spouses upon dissolution of marriage

1. When dissolving a marriage in court, as well as when dissolving a marriage in the bodies that carry out state registration of acts of civil status, spouses can submit to the court an agreement on which of them the children will live with, on the procedure for paying funds for the maintenance of children and (or) disabled unsecured spouse, on the amount of these funds or on the division of the common property of the spouses.

2. In the absence of an agreement between the spouses, the court is obliged:

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

b) determine from which parent and in what amount child support should be collected;

V) at the request of the spouses (one of the spouses) to divide the property considered to be their joint property;

G) at the request of a spouse who has the right to receive maintenance funds from the other spouse, to determine the amount of these funds.

3. If the division of property affects the interests of third parties, the court may separate the claim for the division of property into a separate proceeding.

Article 18 The moment of termination of marriage upon dissolution of marriage

1. A marriage that is being dissolved in the body that carries out state registration of acts of civil status is considered terminated from the moment of state registration of the dissolution of marriage.

2. A marriage dissolved by a court order is considered terminated from the moment the court decision enters into legal force.

The court is obliged, within three days from the date of entry into force of the court decision on the dissolution of marriage, to send an extract from this decision to the body carrying out state registration of acts of civil status, according to place of state registration of marriage.

The dissolution of a marriage, carried out in a judicial proceeding, is subject to stateregistration in the manner prescribed by the legislation of the Republic of Armenia.

3. State registration of a new marriage between divorced spouses is not carried out without a certificate of divorce.

Article 19 Restoration of marriage in the event of the appearance of a spouse recognized as dead or missing

In the event of the appearance of a spouse recognized as dead or missing, and a review of the relevant court decision, the marriage may be restored by the body that carries out state registration of civil acts. state, on the basis of a joint application of the spouses, with the exception of cases when the other spouse duly remarried.

CHAPTER 5

NULLITY OF MARRIAGE

Article 20 Recognition of marriage invalid

1. The marriage is declared invalid by the court.

2. A marriage entered into in the presence of impedingmarriage under the circumstances provided for in Articles 10, 11 and part 3 of Article 12 of this Code, as well as a marriage registered by spouses or one of them without the intention of starting a family (fictitious marriage).

3. The court is obliged, within three days from the date of entry into force of the court decision on recognizing the marriage as invalid, to send an extract from this decision to the body that carries out state registration of acts of civil status, at the place of state registration of marriage.

4. Marriage is recognized as invalid from the moment of its state registration.

Article 21 Persons entitled to apply for annulment of a marriage

The following persons have the right to file a claim for recognition of a marriage as invalid:

a) a minor spouse, his parents (legal representatives), guardianship and guardianship authority, if the marriage is concluded with a person who has not reached the age of marriage; age. After the minor spouse reaches the age of eighteen years, only this spouse has the right to demand the recognition of marriage as invalid;

b) a spouse whose rights have been violated by marriage, if the marriage was entered into under the absence of the voluntary consent of one of the spouses: as a result of coercion, fraud, delusion or impossibility at the time of state registration of marriage to be aware of their actions and manage them;

V) a spouse who did not know about the existence of circumstances preventing marriage, a guardian of a spouse recognized as legally incompetent by a court, a spouse from a previous undissolved marriage, other persons whose rights are violated by a marriage performed in violation of the requirements of Article 11 of this Code, as well as a guardianship and guardianship authority;

G) a spouse who did not know about the fictitious marriage;

e) a spouse whose rights have been violated due to the circumstances provided for by paragraph 3 of Article 12 of this Code.

Article 22 Circumstances Precluding the Invalidity of a Marriage

1. The court may recognize the marriage as valid, if by the time of consideration of the case on recognizing the marriage as invalid, the circumstances preventing its conclusion have disappeared.

2. The court may dismiss a claim for invalidation of a marriage entered into with a person entering into marriage during the pregnancy of the wife or the birth of a child, or if the interests of the minor spouse so require, as well as in the absence of the consent of the minor spouse to recognize the marriage as invalid.

3. The court cannot recognize the marriage as fictitious if the persons who registered such a marriage actually created a family before the court considered the case.

4. A marriage cannot be declared invalid after the termination of the marriage, except in cases where there is a relationship between the spouses prohibited by law or the state of one of the spouses at the time of state registration of marriage in another undissolved marriage.

Article 23 Consequences of declaring a marriage invalid

1. A marriage declared invalid by a court does not give rise to the rights and obligations of the spouses provided for by this Code, except for the cases provided for by parts 4 and 5 of this article.

2. To property acquired jointly by persons whose marriage is recognized invalid, the norms of civil law on the share property.

3. A marriage contract entered into by persons whose marriage is recognized as invalid, as a rule, is recognized as invalid.

4. The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days after the recognition of the marriage as invalid.

5. When making a decision on recognizing a marriage as invalid, the court may recognize for the spouse whose rights are violated by the conclusion of such a marriage (a bona fide spouse) the right to receive maintenance funds from the other spouse, and when dividing property acquired jointly before the marriage was declared invalid, it may apply the norms article 26 of this Code, as well as to recognize valid the marriage contract in whole or in part.

A conscientious spouse has the right to demand compensation for property damage caused to him in the manner prescribed by civil law.

6. A conscientious spouse has the right, upon recognition of a marriage as invalid, to retain the surname chosen by him during the state registration of marriage.

SECTION lll

RIGHTS AND DUTIES OF SPOUSES

CHAPTER 6

PERSONAL RIGHTS AND DUTIES OF SPOUSES

Article 24 Equality of spouses in the family

1. Each of the spouses is free to choose work, occupation, profession, place of residence.

2. Issues of motherhood, fatherhood, upbringing and education of children, as well as other issues of family life are resolved by spouses jointly based on the principle of equality of spouses.

3. Spouses are obliged to build their relationships in the family on the basis of mutual assistance and mutual respect, to help strengthen the family, to take care of the well-being and development of their children.

Article 25 The right of spouses to choose their last name

1. When concluding a marriage, the spouses may, at their option, choose the surname of one of the spouses as a common surname or retain their premarital surname.

The common surname of the spouses may be the surname of one of the spouses or the surnameincludes the names of both spouses at the same time. The common surname cannot include more than two surnames.

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

3. Upon dissolution of marriage, the spouses have the right to retain their common surname or to restore their premarital surnames.

CHAPTER 7

PROPERTY RIGHTS AND DUTIES OF SPOUSES

Article 26 Common joint property of the spouses

Relations related to the common joint property of the spouses are regulated by the Civil Code, as well as by the marriage contract concluded by the spouses.

Article 27 Marriage contract

A marriage contract is an agreement between persons entering into marriage, or an agreementspouses who determine the property rights and obligations of spouses in marriage and (or) upon its dissolution.

Article 28 Conclusion of a marriage contract

1. A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage.

A marriage contract concluded before the state registration of marriage,enters into force from the moment of state registration of marriage.

3. The marriage contract is concluded in writing and is subject to notarization.

Article 29 The content of the marriage contract

1. By a marriage contract, the spouses may change the limits of common property, establish joint, shared ownership or the ownership of each of them on all the property of the spouses, on its separate types or on the property of each of the spouses.

A marriage contract can be concluded both in relation to the existing property of the spouses and in relation to the property acquired in the future.

Spouses have the right to determine by the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses, determine the property that will be transferred to each of them upon dissolution of the marriage, and also have the right to provide for any other norms in the marriage contract concerning their property relations.

2. The rights and obligations stipulated by the marriage contract may be limited to a certain period or made dependent on the occurrence of certain conditions, or vice versa.

3. A marriage contract may not restrict the legal capacity or legal capacity of spouses, their right to apply to the court for the protection of their rights, regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children, provide for rules restricting the right of a disabled, unsecured spouse to demand funds for maintenance, include other conditions that put one of the spouses in an unfavorable position or contradict the basic principles of family law.

Article 30 Change and termination of the marriage contract

1. The marriage contract can be changed or terminated at any time by agreement of the spouses. A marriage contract may be amended or terminated in accordance with the procedure established for concluding a marriage contract.

Unilateral refusal to perform a marriage contract is not allowed.

2. At the request of one of the spouses, the marriage contract may be amended or terminated in court on the grounds and in the manner established by civil law for amendment and termination of contracts.

3. The validity of the marriage contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.

Article 31 Recognition of the marriage contract as invalid

1. A marriage contract may be declared invalid by the court in whole or in part on the grounds established by the Civil Code for the invalidity of transactions.

2. The court may also declare the marriage contract invalid in whole or in part at the request of one of the spouses, if the terms of this contract state this spouse is in an extremely disadvantageous position. Conditions of the marriage contract violating other requirements of part 3 of article 29 of this Code are void.

CHAPTER 8

RESPONSIBILITY OF THE SPOUSES FOR THEIR OBLIGATIONS

Article 32 Foreclosure on the property of spouses

1. For the obligations of one of the spouses, execution may be levied only on the property of this spouse. If this property is insufficient, the creditor shall have the right to demand the allocation of the share of the debtor spouse due to the debtor spouse from the common property of the spouses, in order to levy execution on it.

2. Execution is levied on the common property of the spouses for common obligations spouses. If a court verdict establishes that the common property of the spouses was acquired or increased at the expense of funds acquired by one of the spouses in a criminal way, then the execution may be levied, respectively, on the common joint property of the spouses or on its part.

The recent amendments to the Family Code of the Republic of Armenia on equalizing the age of marriage among the people were immediately dubbed with a certain degree of irony the “law of gender equality”, since for Armenian men and women it will now begin at the age of 18. Presenting the project at a government meeting, Minister of Justice Hrayr Tovmasyan substantiated its need for a number of circumstances: the change in school education from 10 years to 12 years, as well as the conclusion of the Ministry of Health on the problems of early pregnancy. However, he did not hide the fact that international organizations have long been calling on the Armenian authorities to specifically address the issue of precisely this gender inequality.

Meanwhile, as Marietta Gevorgyan, the head of one of the registry offices of the Kotayk region, said, in her many years of practice, she can count on her fingers the wedding corteges that stopped at the doors of her institution on a solemn day for the newlyweds. “As a rule, we register a marriage much later, when a child is already born, or even two,” she comments on the situation and adds that from the point of view of legality, the innovation seems to have a good goal, but only formally, since this law is completely does not guarantee mass influx to the vital records departments. How to explain the reluctance of young people to "sign" on the wedding day, it is not taken to explain. But on reflection, he nevertheless says that, apparently, the concern for procreation comes to the fore. And not so much on the part of the spouses, but on the part of the husband's parents: after all, if the daughter-in-law is barren during the first year of marriage, then without mutual insults and reproaches, as a rule, she is pointed to the door without fear of the consequences of legal rigmarole. In this case, there is essentially nothing to share. Recently, even the dowry of the bride is brought to the husband's house only after the birth of the first child.

According to Karine Kuyumjyan, Head of the Department of Demography and Census of the National Statistical Service of Armenia, in the first quarter of 2012, 4,668 marriages were concluded in our country, which is 62 couples more than the same indicator of last year. However, the official could not answer the question of how many of them were concluded directly on the day of the wedding: such data simply does not exist. Ruben Yeganyan, a demographer, also says that marriages in Armenia are registered mostly belatedly, when the child has already been born and when the girl has reached the age of majority. “They get married in churches, but young people are in no hurry to register relationships on a legal basis,” he states. This was especially evident in the first years of independence, when even after the birth of a child, a young mother for quite a long time preferred to remain in the status of a “loner” for the sake of additional benefits, and a wedding gave her the right to be called a married lady with the obligatory prefix “namus”. The latter circumstance is all the more valuable if the marriage ceremony took place in a church, which, by the way, today can be called not so much a spiritual impulse as a fashionable ritual. “The fact that young people are increasingly coming to faith is good. And the fact that they create a family before God is also gratifying, - says ter Hakob from the Church of Surb Sargis. – But, in my opinion, today there is some shift in our mental values: the wedding in the Armenian church is gradually moving towards European traditions, peeped in numerous Western TV shows. For example, where has it been seen that an Armenian bride was led to the altar by her father?”

Judging by the number of press conferences convened, the seemingly routine law aroused considerable public interest, immediately dividing them into two camps. “I find it difficult to say what the authors of the bill were guided by, but the age of 18 is precisely the period when the general mental and psychological formation is completed. In other words, a person at this age is able to be responsible for his actions. In addition, if we consider the issue from the point of view of physiology, then its acceptance carries a positive trend,” says sexologist Vrezh Shahramanyan. However, not everyone agrees with this opinion. “Earlier, by the age of 18, if a girl did not get married, then she was considered to be an “overstayed bride” or an “old maid”. My mother got married at 15. I was born at 16. A similar situation still persists in remote regions of Armenia. Especially in villages, where every working pair of hands is important, - says an elderly Yerevan resident. “But you shouldn’t consider me a guardian of house building with a horse-drawn mindset, it’s just tempting to ask lawmakers: if Romeo and Juliet lived in our reality, they would probably become hostages of this far-fetched law.” True, lawyers have their own answer ready: an exception for registering marriages of underage spouses may be, for example, the expectation of a child and “some other circumstances”. However, by their own admission, the explanations of the "circumstances" are often in complete conflict with each other and with the canons of the church, which still continues to register church marriages. According to many sociologists, for a number of reasons, the model of the Armenian family based on civil marriage, and in fact cohabitation, will remain in Armenia for a long time as “legitimate”. Although in European countries civil marriage, even consecrated by the church, has long been no basis for its legal recognition in the event of claims by the parties. Of course, within the framework of one article it is difficult to present the intricacies of legal casuistry, but there is no doubt that the amendments presented need to be improved.

According to activists of women's organizations, we have clearly rushed with a new legislative initiative. Before adjusting gender inequality in the Family Code to the European Union, it would be desirable to balance the female discrepancy in the local labor sphere, where, according to statistics, there are not very many representatives of the fair sex, and even a small percentage in leadership or prestigious positions. In their opinion, the formula “a working woman is a confident woman” will help strengthen the institution of the family, since in this case not a single married woman wants to be called a single mother for the sake of a penny allowance for an “illegitimate” child. “The care of our state for the health of a young mother is, of course, good. But material well-being should not be discounted as an important factor in family stability, which means confidence in the future of each “cell” of society,” says Nunufar Gevorgyan, chairman of the Women's Public Union. - As for the marriageable age, in various countries this qualification is regulated by the local legislation. It’s not worth bringing your own traditions under someone else’s mentality, because love cannot be forbidden by decree “from above”. But over time, when solving many social problems in Armenia, marriages will also be concluded on the wedding day, not only in heaven, but also in registry offices. Although I am sure that even today every bride wants to become a legal wife not only before God, but also the law on the happiest day of her life.”

Natalya Oganova

2004-12-09T14:49+0300

2008-06-06T13:59+0400

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The President of Armenia signed the Family Code of the Republic

YEREVAN, November 9 - RIA "Novosti", Hamlet Matevosyan. Armenian President Robert Kocharian signed the Family Code of the Republic, adopted by the National Assembly in November this year. As the press service of the Armenian head of state told RIA Novosti, the document regulates property and non-property relations between family members, and also establishes the forms and procedure for placing children left without parental care in a family. Only a marriage registered by the civil registry offices is recognized as legal, and for marriage to take place, the mutual voluntary consent of a man and a woman who has reached marriageable age (17 years for women and 18 for men) is required. In addition, the law establishes that a medical examination of citizens entering into marriage is carried out at their request, and its results are a medical secret. However, if one of the spouses at the time of marriage registration hides the fact that he has certain diseases, including AIDS, substance abuse, ...

YEREVAN, November 9 - RIA "Novosti", Hamlet Matevosyan. Armenian President Robert Kocharian signed the Family Code of the Republic, adopted by the National Assembly in November this year.

As the press service of the Armenian head of state told RIA Novosti, the document regulates property and non-property relations between family members, and also establishes the forms and procedure for placing children left without parental care in a family.

Only a marriage registered by the civil registry offices is recognized as legal, and for marriage to take place, the mutual voluntary consent of a man and a woman who has reached marriageable age (17 years for women and 18 for men) is required.

In addition, the law establishes that a medical examination of citizens entering into marriage is carried out at their request, and its results are a medical secret. At the same time, if one of the spouses at the time of marriage registration hides the fact that he has certain diseases, including AIDS, substance abuse, drug addiction or mental illness, the other spouse may apply to the court to declare the marriage invalid.

The document states that all property and non-property relations are regulated by the Civil Code, since its provisions do not contradict the essence of family relations, fixed by the Family Code.

When concluding a marriage, an appropriate contract is signed, which is certified by a notary.

Separate chapters of the law are devoted to maintenance obligations of family members, the upbringing of children left without parental care, the procedure for adoption, as well as the application of the Family Code to family relations involving foreign citizens and stateless persons.

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