Armenia: The Family Code 2004

For full text in Russian, clich here.

For full text in English, click here.

Section on children's rights:

CHAPTER 10
RIGHTS OF CHILDREN

ARTICLE 41. RIGHT OF A CHILD TO LIVE AND BE REARED IN A
FAMILY
1. A person under 18 years old is considered a child.
2. Each child has the right to live and be reared in a family, know his/her parents,
feel their care, live with them, except for the cases when it is contrary to their best
interests.
A child also has the right to be reared by his/her parents, right of guarantees of
his/her interests, multisided development, respect of his/her human dignity, as well as
being provided with the necessary living conditions for full physical, mental and spiritual
development. In case of parents’ absence, their being exempted from parental rights and other cases of the lack of parental care the right of a child of being reared in a family is
provided by the departments of custody and guardianship in accordance with the
provisions established by Chapter 17 of the given Code.

ARTICLE 42. RIGHT OF A CHILD TO COMMUNICATE WITH PARENTS
AND OTHER RELATIVES
1. A child has a right to communicate with his/her parents, grandparents, siblings
and other relatives. The cancellation of parents’ marriage, recognition of the marriage
invalid or separate living does not affect a child’s rights.
In case of separate living (in different states) of the parents a child has the right to
communicate with both of them.
2. Under the emergency conditions (arrest, imprisonment, being in a medical
institution etc.) a child has the right to communicate with the parents and relatives, as
well as the parents have the right to communicate with a child under similar conditions in
accordance with the procedure established by law.

ARTICLE 43. RIGHT OF A CHILD’S PROTECTION
1. A child has a right of protection of his/her lawful rights and interests.
The protection of child’s rights and interests is realized by parents (lawful
representatives), and in cases stipulated by the given Code, by the departments of custody
and guardianship.
A minor recognized completely capable by the procedure established by law has a
right to realize his/her rights (in particular the protection right) and obligations
independently.
2. A child has the right to be protected from the abuse of his/her parents (lawful
representatives).
In case of violation of a child’s rights and interests (in particular, violation or
partial realization of the obligation of parents or one of them to rear and educate the
child, as well as the abuse of the parental rights) a child has a right to apply for help
independently to the departments of custody and guardianship.
3. The officials and other citizens, who became aware of the threats to live and
health of a child, as well as the cases of violation of child’s rights and interests, should
inform about that the departments of custody and guardianship of the virtual residence of
a child. After getting such information the department of custody and guardianship
should undertake necessary means for protection of a child’s rights and interests.

ARTICLE 44. RIGHT OF A CHILD TO EXPRESS PERSONAL OPINION
1. A child has the right to be present at any consideration of the issues touching
his/her interests and express personal opinion in family, judicial and other bodies.
2. Taking into consideration the opinion of the child above 10 is obligatory with
regards to freedom of conscience, participation in particular events, rejection of
extracurricular education, living with one of the parents, communication with relatives
and other issues stipulated by law.
3. In cases stipulated by the given Code the courts and departments of custody
and guardianship can make a decision concerning a child above 10 only with his/her
consent.

ARTICLE 45. RIGHT OF A CHILD TO HAVE NAME, FAMILY NAME AND
PATRONYMIC
1. A child has the right to have a name, family name and patronymic.
2. A name is given to the child with the consent of the parents, and patronymic is
given by the father’s name in accordance with the procedure established by the given
Code.
3. A child’s family name is determined by the family name of the parents. If the
parents bear different family names, with the parents’ consent the child is given the
father’s or mother’s family name.
4. The disputes caused by the disagreement of parents on the child’s name and
family name are solved by the department of custody and guardianship.
5. If the child’s paternity is not determined he/she is given name by the mother’s
decision, patronymic by the name of a person registered as a child’s father, and family
name by the mother’s family name.

ARTICLE 46. ALTERNATION OF A CHILD’S NAME AND FAMILY NAME
1. The name of a child under 10 years old is changed by the state Civic Status
Registration Departments on the basis of the parents’ common application, as well as the
family name – by the name of the other parent.
2. If the parents live separately, and the parent who the child lives with wants to
give the child his/her family name, the issue is solved taking into consideration the
opinion of the other parent.
Taking into consideration of the other parent’s opinion is not obligatory if:
1) it is impossible to ascertain his/her place of residence;
2) he/she is deprived of parental rights;
3) he/she is recognized incapable by court;
4) he/she avoids rearing and taking care of a child without justifiable reasons.
3. The alternation of the name and/or family name of a child over 10 years old can
be realized taking into consideration his/her opinion.

ARTICLE 47. PROPERTY RIGHTS OF A CHILD
1. A child has the right to require living means from his/her parents and other
family members in accordance with the procedure and the amount established by Part V
of the given Code.
2. With the requirement of the parent obliged to pay alimony to the child the court
can make a decision to transfer not more than 50% of the alimony to the child’s account
in banks.
3. The right of a child to maintain his/her property is established by the Civic
Code.
While the realization of the authorities to maintain child’s property the parents act
under the provisions established by the Civic Code on the maintenance of the guardian’s
property.
4. A child has no property rights with regard to the property of the parents, and
the parents have no property rights towards the property of a child. Children and parents
living together can maintain and use each other’s property by mutual consent.
5. The procedure and conditions of maintenance, usage and handling of the
property belonging to children and parents by the common property right are established
by the Civic Code.

ARTICLE 48. OTHER RIGHTS OF A CHILD
A child has other rights stipulated by law and other legal acts.

 

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