On FAMILY

CHAPTER ONE
GENERAL PROVIONS

Article 1.Purpose of this Law

1.1.The purpose of this Law is to establish the procedures and conditions for marriage, the dissolution of marriage, and the declaration of marriage as invalid, and to regulate the property and non-property relations between family members, as well as relations in connection with activities related to adoption of a child, taking care of and upbringing them within the family, supporting, guardianship, and taking into custody of them.

Article 2.Legislation on Family

2.1.The legislation on family shall consist of the Constitution of Mongolia, the Civil Code, this Law, and other legislative acts issued in conformity with these laws.

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Definitions of terms of the Law

3.1.The following terms used in this Law shall have following meanings:

3.1.1."marriage" shall mean the registration with a state competent authority, in accordance with the law, for the purpose of forming a family based on the voluntary, free, and equal union of a male and female, who reached the ages stipulated in the law;

3.1.2."family" shall mean the members of a family who are connected by personal non-property and property rights and obligations, resulting from a marriage, and who live together in a communal family life;

3.1.3."spouses" shall mean the husband and wife who are united by marriage and who enjoy equal rights and bear similar obligations towards each other;

3.1.4."family member" shall mean the spouses, their biological, adopted, or foster children, and any other relatives who live together with them;

3.1.5."lineal relative" shall mean the father, mother, grandparents, grandchildren, great-grandchildren, and their descendants of the spouses;

3.1.6."collateral relative" shall mean the brothers, sisters, uncles, aunts, and their children of the spouses;

3.1.7."family name/clan name" shall mean to the name traditionally used by a group of individuals of paternal descent, passed down through generations;

3.1.8."child at risky situations" are children specified in sub-paragraph 4.1.1 of Article 4 of the Law on Children Protection.

/This sub-paragraph was amended by the law as of February 05, 2016/

Article 4.The principles of marriage and family relations

4.1.Marriage shall be based on equality and voluntary relations.

4.2.It shall be prohibited to discriminate against a person in marriage on the grounds of nationality, ethnic origin, language, race, or religion.

4.3.The family is the fundamental unit of society.

4.4.The state shall protect the interests of families, mothers, infants and children.

4.5.The priority shall be to ensure the upbringing, development, and health of the child within the family, and to safeguard the child's rights and interests above all else.

4.6.Unless otherwise specified in international treaties to which Mongolia is a party, foreign citizens and stateless persons permanently residing in the territory of Mongolia shall enjoy equal rights and bear the same obligations in family relations as Mongolian citizens.

Article 5.Protection of family rights

5.1.The court shall protect family rights in accordance with the Law on Civil Procedure.

5.2.The state administrative and social welfare authorities shall protect family rights in accordance with this Law.

CHAPTER TWO
GROUNDS for the Establishment of Marriage Relations, Conditions AND Procedures for Marriage, and DISSOLUTION OF THE MARRIAGE

Article 6.Conditions for marriage

6.1.In the absence of any grounds for prohibition as stipulated in Article 9.1 of this Law, a Mongolian citizen who has reached the age of 18, whether male or female, may marry another Mongolian citizen or a foreign national, or a stateless person, with mutual consent in Mongolia.

6.2.A male shall have one wife and a female shall have one husband.

6.3.In resolving marriage issues for foreign citizens and stateless persons permanently residing in Mongolia, this Law shall apply unless otherwise stipulated by international treaties to which Mongolia is a party.

6.4.Marriages between citizens of Mongolia, or between a Mongolian citizen and a foreign citizen or stateless person conducted abroad in accordance with the laws of the foreign country, shall be considered valid in Mongolia, as long as such marriage does not conflict with the provisions stipulated in the Article 9 of this Law.

6.5.The property and non-property rights and obligations of the individuals referred to in Article 6.4 of this Law shall be determined in accordance with the laws of the country of their permanent residence.

6.6.If a Mongolian citizen marries a foreign citizen or a stateless person abroad, their rights and obligations shall be governed by the laws of the country chosen by the spouses. If no such choice is made, the rights and obligations shall be determined in accordance with the provisions of this Law.

Article 7.The procedures for marriage

7.1.Those wishing to marry shall register their marriage with the state registration authority, or with the diplomatic mission of Mongolia abroad, in the presence of witnesses.

/This paragraph was amended by the law as of June 21, 2018/

7.2.The rights and obligations of the spouses shall start from the date of registration of the marriage.

7.3.The registration of marriage shall be carried out in accordance with the procedures established by law.

Article 8.The medical examination of individuals wishing to marry

8.1.Individuals wishing to marry shall obtain a medical certificate from a medical institution in their place of residence.

8.2.If any of the individuals wishing to marry show signs of genetic or immunodeficiency, tuberculosis, or mental illness, they must undergo further testing at a specialized medical institution.

8.3.The medical institution shall present the results of the examination to the individuals wishing to marry, provide counseling on genetics and family planning, and, if any individual is found to have the conditions specified in Article 8.2 of this Law, explain the potential consequences of such conditions.

8.4.The results of the medical examination of individuals wishing to marry shall be kept confidential by the medical institution.

Article 9.Reasons for prohibiting marriage

9.1.The following circumstances shall constitute grounds for prohibiting marriage:

9.1.1.If one of the individuals is still legally married to someone else;

9.1.2.If both individuals, or either of them, are underage as defined in Article 6.1 of this Law;

9.1.3.If the individuals are related by lineal relative or collateral relative;

9.1.4.If two individuals who are in a dependent or supportive relationship wish to marry;

9.1.5.If the adopter and the adopted person wish to marry;

9.1.6.If either or both individuals have a hereditary predisposition to chronic mental illness.

9.2.The Article 9.1.2 shall not apply if, in accordance with the Civil Code, an underage person has been declared fully capable of exercising civil rights and responsibilities.

Article 10.Rights and obligations of spouses

10.1.Spouses shall exercise equal rights and bear the same responsibilities within the family.

10.2.Spouses shall have equal rights to plan their family, choose their place of residence, occupation, and profession freely, to own property in common, to possess, use, and dispose of jointly owned property, and to claim compensation for material and moral damages from the party at fault.

10.3.Spouses have the mutual obligation to be faithful to each other, to raise and educate their children, to care for, respect, support, and assist one another, to provide the necessary economic conditions for the family, not to infringe upon each other's rights, not to engage in any form of violence against each other, and to equally bear the responsibility of keeping a family register.

10.4.The procedure for maintaining the family register shall be approved by the Government. This procedure shall be aligned with the policies and activities related to cultural heritage, population, and archives.

/This paragraph was amended by the law of July 02, 2021/

Article 11.Dissolution of marriage

11.1.The marriage shall be considered dissolved from the day the spouse passes away or from the date the court decision declaring the spouse deceased becomes effective.

11.2.The marriage shall be considered dissolved if it is annulled through administrative or judicial procedures, or if it is deemed invalid.

11.3.The procedures for registering the dissolution of marriage shall be established by law.

Article 12.Procedure on annulment of the marriage

12.1.The marriage shall be annulled through administrative or judicial procedures on the grounds specified by law.

12.2.Annulment of marriage shall be prohibited if the wife is pregnant, if the child is under one year old, or if the respondent is suffering from a serious illness.

12.3.In the case of annulling the marriage of a foreign citizen or stateless person residing permanently in Mongolia, this Law shall apply unless otherwise stipulated in an international treaty to which Mongolia is a party.

Article 13.Annulment of Marriage through Administrative Procedure

13.1.Spouses who mutually agree to annul their marriage, have no children under the age of 18, and have no property disputes, shall each submit a written, signed request for annulment to the state registration authority or, with the diplomatic missions of Mongolia working abroad.

/This paragraph was amended by the law as of June 21, 2018/

13.2.The state registration authority or the diplomatic missions of Mongolia working abroad will review the request specified in paragraph 13.1 of this Law and may annul the marriage within 30 days.

/This paragraph was amended by the law as of June 21, 2018/

Article 14.Annulment of Marriage through Judicial Procedure

14.1.Except in cases specified in Article 13 of this Law, the court will decide the matter on the annulment of marriage based on the mutual agreement of the spouses or upon the request of one of them or the guardian of a spouse who is considered legally incapable. In cases where reconciliation procedures are not possible, reconciliation will take place first. After the reconciliation process has been completed, the court will initiate a civil case.

/This paragraph was amended by the law as of May 22,2012/

14.2.If the court deems it necessary, it may suspend the case adjudication proceedings for up to three months and, during this period, take all possible measures to reconcile the spouses. The court will implement all measures to reconcile the spouses through a mediator.

/This paragraph was amended by the law as of May 22, 2012/

14.3.If the spouses are unable to reconcile, the court shall annul the marriage upon the expiration of the period specified in the court's decision.

14.4.If there is a risk of serious harm to the life and health of family members, or upbringing of the children, due to ongoing violence or abuse by one of the spouses, or if such harm has been proven, the court shall annul the marriage without implementing the reconciliation measures specified in Article 14.2 of this Law.

14.5.During the annulment of the marriage, the spouses may independently, or through the process of mediation, mutually agree on the custody of the child, the support of the financially dependent spouse, and the division of jointly owned property.

/This paragraph was amended by the law as of May 22, 2012/

14.6.If the spouses do not reach an agreement as specified in Article 14.5 of this Law, the court will decide on the custody of the child, the amount of support, and the division of jointly owned property, taking into account the child's age, the parents' care, living conditions, capabilities, moral standing, and whether any violence has been committed.

14.7.If the child is seven years old or older, their opinion shall be considered when deciding on custody matters.

14.8.When determining the share of jointly owned property that a family member is entitled to after the annulment of the marriage, the court will take into account the health status of the spouses, the rights and interests of the child, as well as whether any jointly owned property has been misused, concealed, or if the annulment of the marriage was due to the wrongful actions of one of the spouses, and decide it in accordance with Article 129.3 of the Civil Code.

/This paragraph was amended by the law as of July 04, 2002/

14.9.The court shall send a copy of the decision on the annulment of marriage to the state registration authority that registered the marriage within three working days after the decision becomes effective.

/This paragraph was amended by the law as of June 21, 2018/

14.10.The annulment of the marriage of Mongolian citizens permanently residing abroad, as well as the annulment of marriage of a Mongolian citizen from a foreign citizen or stateless person, shall be considered valid, if it does not conflict with the international treaty to which Mongolia is a party and this Law.

14.11.A mongolian citizen residing permanently abroad may annul his/her marriage through either administrative or judicial procedures in Mongolia.

Article 15.Restoration of marriage

15.1.If individuals who have annulled their marriage have jointly expressed their reconciliation by submitting an application, and they have not married someone else the marriage will be restored.

15.2.If a person who has been declared missing or deceased returns and requests to live with their spouse, and the spouse has not remarried, the state registration authority or the diplomatic missions of Mongolia working abroad may restore the marriage.

/This paragraph was amended by the law as of June 21, 2018/

CHAPTER THREE
CONSIDERATION OF THE MARRIAGE AND ANNULMENT OF THE MARRIAGE TO BE VOID AND THEIR CONSEQUENCES

Article 16.Considering a marriage to be void

16.1.If it is discovered that a marriage was registered in violation of the provisions stipulated in Article 9 of this Law, or that the marriage was registered without the intention of forming a family, the court may, upon the claim of one of the spouses, or an organization protecting the rights and interests of other individuals or children whose rights have been violated, consider the marriage to be void.

16.2.In accordance with the Civil Code, if an under age spouse who has been declared fully capable of exercising civil rights refuses to have the marriage deemed to be void or on behalf of him/her, the court may dismiss the claim.

Article 17.Consequences of considering a marriage to be void

17.1.Disputes over property arising from the consideration of a marriage to be void shall be resolved by the court in accordance with the provisions of the Civil Code regarding the joint ownership partially of the property.

17.2.If a marriage is deemed to be void, any property agreements made by the spouses shall also be considered to be void.

17.3.Considering a marriage invalid shall not affect the rights and interests of children born from that marriage.

17.4.If it is determined that the rights and interests of one spouse have been violated as a result of the marriage being considered to be void, the affected party shall have the right to claim compensation for material and emotional damages from the responsible party, in accordance with the Civil Code.

Article 18.Considering the annulment of the marriage to be void

18.1.If it is established that the marriage was annulled fraudulently in order to avoid compensating material damages to others or to conceal illegal actions, the court shall consider the annulment of the marriage to be void.

Article 19.Consequences of consideration of the annulment of the marriage to be void

19.1.If an annulment of the marriage is deemed to be void, the marriage shall be considered to be valid.

19.2.In cases specified in Article 19.1 of this Law, any damages caused to others shall be compensated from the family members' property in accordance with the procedures outlined in the Civil Code, and other matters shall be resolved in accordance with this Law and applicable laws.

CHAPTER FOUR
REGULATIONS OF FAMILY PROPERTY RELATIONS

Article 20.Regulating the family property relations

20.1.Property relations of family shall be regulated by the Civil Code.

CHAPTER FIVE
RELATIONS BETWEEN PARENTS AND CHILDREN

Article 21.Establishment of the rights and obligations between parents and children

21.1.With the birth of a child, rights and obligations are established between the parents and the child.

21.2.With the adoption of a child, rights and obligations are established between the adoptive parents and the child.

21.3.Rights and obligations of the parent and child shall be established between stepchild and stepparents.

21.4.If the parents of the child have registered their marriage, the marriage certificate shall serve as proof; if the marriage is not registered, the determination of parentage shall be made based on the decision of the competent authority, either through administrative or judicial procedures as prescribed by law.

21.5.A child born to parents who have not registered their marriage shall have the same rights and obligations as a child born to a registered married couple.

Article 22.Establishing a parentage through administrative procedures

22.1.If the parents have not registered their marriage submit an application jointly, or if the parent whose paternity or maternity has not been established submits an application individually, the state registration authority or the Mongolian diplomatic mission abroad shall determine the parentage.

/This paragraph was amended by the law as of June 21, 2018/

Article 23.Establishing a parentage through judicial procedures

23.1.In cases other than those specified in Article 22 of this Law, the court shall establish parentage based on the application of the child's father and mother, guardian, relatives, an organization protecting the rights and interests of children, or any individual child who has reached the age of 14.

23.2.In determining parentage, evidence such as proof of a relationship between the child's mother and father, medical examination results, and other relevant documentation shall be based on.

23.3.If the child is a citizen of Mongolia, the issue of establishing parentage involving a foreign citizen or a stateless person residing permanently in the territory of Mongolia shall be resolved in accordance with this Law, unless otherwise specified by an international treaty of Mongolia.

23.4.If the parentage of a Mongolian citizen is determined according to the laws of a foreign country, it shall be considered valid as long as it does not contradict this Law.

23.5.If one of the child's parents resides abroad and is a citizen of Mongolia, a request for determination of parentage may be submitted through the diplomatic or consular missions of Mongolia.

Article 24.Child's name, surname and family name

24.1.A name and a family name of a child shall be given on ground of mutual consent of parents.

24.2.The state registration authority may assign a name and family name to a found child.

/This paragraph was amended by the law as of June 21, 2018/

24.3.A child shall have a father's name.

24.4.If a child is born to an unmarried mother and there is no decision from the competent authority establishing the child's father, the child shall take the mother's name.

24.5.An adopted child can a have name of an adopter.

24.6.A dispute over giving names and family name to a child, or the child's adoption of the father's or mother's name, shall be settled by the court.

Article 25.Protection of children's right and interest

25.1.A child shall have equal rights within the family.

25.2.It shall be prohibited to discriminate against or harm the rights and interests of children born to unmarried parents or stepchildren of either spouse.

25.3.Parents, guardians, and custodians shall protect children's interest and rights.

25.4.If it was established that the interests of parents, custodians and guardians are being contradicted with the interest of children, then a governor of soum and district may appoint a representative to protect interests of children.             

25.5.If a child is an orphan, or both parents are considered legally incapable, or if their parental rights have been restricted, revoked, they are undergoing long-term medical treatment, or serving a sentence in prison, or in other cases where they are unable to personally provide for, care for, or support their child due to extenuating circumstances, or if they are avoiding their duty to support the child, the Governor of the soum or district shall protect the respective child's rights and interests.

25.6.The information about the child as specified in Articles 25.4 and 25.5 of this Law shall be provided by the relevant officials of nurseries, kindergartens, general education schools, and medical institutions, as well as the citizen to the soum or district Governor of the child's place of residence (or current location).

25.7.In accordance with Article 2 of the Law on Temporary detention of unsupervised children, if a child is transferred by the police, the receiving child care or custodian organization shall be obligated to notify the soum or district Governor about the respective child within three days.

25.8.Upon receiving information about the child as outlined in Articles 25.6 and 25.7, the soum or district Governor shall be required to investigate the child's living conditions within three days, and if it is determined that the child has no parents or relatives, the Governor shall take a duty for protecting the child's rights and interests.

25.9.The soum or district Governor shall identify children in difficult situations, maintain records, and may transfer them to citizens who have applied to take the child into their family for care and upbringing.

25.10.If it is not possible to transfer the child as described in Article 25.9 of this Law, the soum or district Governor shall make decisions regarding the appointment of a guardian or custodian, adoption, or transferring the child to the foster care institution.

Article 26.Rights and obligations of upbringing a child

26.1.Parents shall have equal rights and obligations in the upbringing of their children.

26.2.Parents shall have the following obligations:

26.2.1.to raise child in a healthy and strong manner and to nurture their intellectual development;

26.2.2.to take care and support a child;

26.2.3.to educate the child in respect of national customs, traditions, and values, to ensure they receive basic education, and to provide initial training in work skills;

26.2.4.to protect the child's rights and assist them in fulfilling their duties.

26.3.Parents shall be prohibited from causing harm to the child's health, mental state, or moral upbringing, from treating the child cruelly, or from abusing their parental rights.

26.4.If the parents are annulled their marriage, their obligations outlined in Article 26.2 of this Law shall remain in effect.

26.5.In the case mentioned in Article 26.4 of this Law, if the parents have not mutually agreed on how to fulfill their obligations, the court shall determine the procedure thereupon.

26.6.If it does not conflict with the child's rights and interests, neither parent who has divorced shall obstruct the other from fulfilling their obligations toward the child.

26.7.If a parent has had his/her parental rights restricted or revoked, this does not exempt them from the obligationss outlined in Article 26.2 of this Law.

26.8.In cases where the parents have divorced or are living separately from the child for other significant reasons, the Governor of the relevant soum, bagh, district, or khoroo, as well as the organization in charge of protecting children's rights and interests, shall monitor the implementation of the obligations specified in Article 26.2 of this Law.

/This paragraph was amended by the law of April 22, 2022/

26.9.Parents who harm the rights and interests of the child shall bear the liability specified in the law, and it it is proven that they made the actions outlined in Article 30.1 of this Law and did not raise and nurture their child from a young age, they shall lose the rights they hold as the child's parents.

Article 27.Restriction of parental rights

27.1.If parents intentionally deprive the child of housing, clothing, and food, exploit the child's labor inappropriately, force the child into begging, expel the child from their home, or subject the child to discrimination, the court may restrict the parental rights for a period of up to six months.

27.2.A claim for the restriction of parental rights shall be filed with the court by the father or mother, or by a relative, other citizens, or an organization protecting children's rights and interests.

Article 28.Consequences due to the restriction of parental rights

28.1.A person who has had his/her parental rights restricted shall lose the right to personally raise and nurture the child, represent the child, and any rights granted by legislation in relation to the child.

28.2.The court shall resolve the issue of collecting the financial support required for the child's maintenance from a person who has had his/her parental rights restricted.

28.3.If both parents have had their parental rights restricted, the child shall be transferred to a foster care institution.

28.4.In the case referred to in Article 28.3 of this law, the associated costs shall be recovered from the parents. If the parents are unable to pay, the Governor of soum or district of the area where they reside may be held responsible.

28.5.The Governor of the soum or district may file a claim in court to seek compensation for damages from the party at fault.

28.6.If the conditions specified in Article 27.1 of this Law have not been resolved, or if it is established that the parents are continuing to violate the child's rights and interests, a claim may be filed with the court to revoke the person's parental rights by the Governor of the soum or district or by the individuals specified in Article 27.2 of this Law, six months after the court decision to restrict parental rights has been issued.

28.7.The child's rights and interests shall remain protected even if the person has had his/her parental rights restricted.

Article 29.Invalidation of restriction of parental rights

29.1.If the conditions specified in paragraph 27.1 of this Law, are determined to have been resolved, the court shall review the request of the individual whose parental rights have been restricted and may issue a decision to restore custody of the child to the parents.

29.2.If returning the child to their parents is deemed to conflict with the child's rights and interests, the court may dismiss the request. If the child is seven years of age or older, their opinion shall be taken into consideration.

Article 30.Revocation of parental rights

30.1.The court may revoke the parental rights of persons who have abused their parental rights (by abandoning a child, intentionally causing them to become lost, tormenting or torturing them, selling them, kidnapping them, exploiting their body, using them for greedy purposes, involving them in legal violations), repeatedly treating them cruelly, attempting or engaging them in sexual acts, subjecting to severe emotional distress, deliberately avoiding their duties to raise and nurture the child, or regularly consuming alcoholic beverages or narcotic substances.

30.2.A claim for the revocation of parental rights shall be filed in the court of the parent's place of residence by either parent, or a guardian, custodian, other citizens, or an organization in charge of protecting the child's rights and interests.

30.3.The court shall send a copy of the decision to revoke the parental rights to the state administrative body in charge of state registration matters within three working days after decision come into force.

/This paragraph was amended by the law as of June 21,2018/

Article 31.Consequences due to the revocation of parental rights

31.1.A person whose parental rights have been revoked loses all rights as the parent of the child.

3З1.2.The court shall decide on requiring the person whose parental rights have been revoked to provide child support.

31.3.If both parents have had their parental rights revoked, a guardian or custodian shall be appointed for the child, or the child shall be placed in the foster care institution.

31.4.The rights and interests of the child shall remain protected even when the parental rights of the individual have been revoked.

Article 32.Restoration of the parental rights

32.1.The court shall review a request from a person whose parental rights have been revoked and, in consideration of the child's rights and interests, may restore their parental rights.

32.2.If the child has been adopted, parental rights shall not be restored.

32.3.If it is determined that restoring parental rights would conflict with the child's rights and interests, the court may not to restore the parental rights of the person whose rights were previously revoked in accordance with Article 30.1 of this Law by taking into account of the opinion of a child who has reached the age of seven.

Article 33.Protection of parental rights concerning the child

33.1.Parents shall have the right to demand to return their child from a person who has unlawfully taken the child.

33.2.If a dispute arises regarding the matters specified in Article 33.1 of this Law, the parent may file a claim in court to protect their rights.

CHAPTER SIX
THE RELATIONS in connection with receving and providing support

Article 34.The right to receive support

34.1.The dependent person shall have the right to file a claim in court at any time, regardless of the duration since the right to receive support was established.

Article 35.The obligation to provide support

35.1.Spouses are obligated to support each other, parents are obligated to support their children, children are obligated to support their parents, and relatives are obligated to support each other in accordance with the provisions of this Law.

Article 36.The mutual obligation of spouses to support each other

36.1.Spouses shall have a mutual obligation to support each other.

36.2.If either spouse has refused to fulfill his/her obligation to support the other or has not established a support agreement, the spouse in need of assistance shall have the right to file a claim in court for receiving the support.

Article 37.Continuity of spouses right to support

37.1.Before either spouse's marriage is annulled or considered legally void, or within one year after the annulment of the marriage, if one of the spouses has lost their ability to work completely, and this loss is directly related to circumstances of family violence or conditions that existed before the annulment of the marriage, or if they have been unable to work due to caring for a child under the age of three or a disabled child, or if they are of retirement age and were not employed at the time of divorce, or if they retired before the annulment of the marriage, they are entitled to be supported by their former spouse.

Article 38.The parent's obligations to support the child

38.1.Parents shall have the obligation to support the minor children and those who are of legal age but are incapable to work.

38.2.Parents may establish a support/alimony agreement by mutual consent.

38.3.If the parents do not establish a support agreement through mutual consent, the court shall determine the support amount.

З8.4.A copy of the court decision establishing the support amount shall be submitted to the relevant state administrative body in charge of state registration matters.

/This paragraph was amended by the law as of June 21, 2018/

38.5.The support shall be used solely for the child's needs.

38.6.If it is determined that the support has not been used for the child's needs, the support provider shall have the right to file a claim in court to ensure that it is used for its intended purpose.

38.7.If the support provider has another child who has a lower income than the support receiver, or if the payer has lost their ability to work, or if the support receiver child has sufficient income, the court may reduce the amount of support.

Article 39.The support for children placed in the foster care institution

39.1.The support granted to children in the foster care institution shall be transferred to the institution's account, with 50% allocated for the child's daily needs and the remaining portion deposited into a savings account in the child's name.

Article 40.The amount of the support

40.1.The support amount granted to a child shall be determined on a monthly basis, considering the child's age, as follows:

40.1.1.for children under the age of 11, the support amount shall be set at 50% of the established minimum living wage in the respective region;

40.1.2.for children aged 11 to 16 (or up to 18 if they are still in school) and for adults who are incapable to work, the support amount shall be set at the level of the minimum living wage.

40.2.The amount of child support to be collected from a respondent with no income other than salary must not exceed 50% of their monthly salary or equivalent income.

40.3.The Government shall determine the list of salaries and equivalent incomes as specified in Article 40.2 of this Law.

40.4.The support to be provided by spouses to each other, as well as to their relatives, shall not be less than the minimum living wage established in the respective region.

Article 41.The form and duration of support/alimony

41.1.The support/alimony may be provided in the following forms:

41.1.1.in money;

41.1.2.in property.

41.2.The support/alimony may be provided for the following duration:

41.2.1.month, a quarter, a half-year, or a year;

41.2.2.one time.

41.3.The support/alimony may be granted by deducting from the respondents wages or determining the portion from jointly owned assets, as well as in other ways.

Article 42.Changing the amount of the support

42.1.If the amount of child support determined by court order or under a support agreement exceeds 50% of the payer's salary, or if the court has decided to hold another party liable to be paid for support, the payer shall have the right to file a claim in court to modify the support amount.

Article 43.The obligation of adult children to support parents

43.1.A child with working capacity shall be obligated to support their biological or adoptive parents, stepfather, or stepmother who are incapable to work.

43.2.If there are multiple respondents with obligation to provide support to the individuals specified in Article 43.1 of this Law, the court may, considering their financial and family circumstances, determine the share and amount of support to be assigned to each person.

Article 44.The obligation of relatives to provide support

44.1.An oprhaned minor child, or a child who cannot be supported by his/her parents, is entitled to be supported by his/her capable siblings (whether biological or adopted), grandparents, or stepparents.

44.2.If the biological or adopted children are unable to support their incapable parents, the capable grandchildren shall be obligated to support their grandparents.

44.3.If there are no other individuals to provide support, relatives shall be obligated to support each other when one is incapable of working.

44.4.If the parties cannot reach an agreement on the amount of support described in this article, the court shall determine the amount based on Article 40.4 of this Law.

Article 45.Agreement on providing with support

45.1.The parties shall execute the agreement on providing with support in writing and have it notarized.

45.2.If the agreement on providing with support is not voluntarily fulfilled, a judge shall issue an order upon the request of either party, and the agreement shall be enforced in accordance with the court decision enforcement operation.

45.3.The amount of support established under the agreement on providing with support shall be no less than the amount specified in Article 40.4 of this Law.

45.4.The form and duration of the support established under the agreement on providing with support shall be the same as specified in Article 41 of this Law.

45.5.If the parties have mutually agreed to provide support in the form of property, the value of the property shall be assessed based on the prevailing local market rates at that time.

45.6.The parties may enter into an agreement on providing with support through mediation procedures.

/This paragraph was added by the law as of May 22, 2012/

Article 46.Amendment or termination of the agreement on providing with support

46.1.The agreement on providing with support may be amended or terminated by mutual consent of the parties.

46.2.Any agreement to amend or terminate the agreement on providing with support  shall be made in the same form as the original agreement.

46.3.Any disputes arising from the amendment or termination of the agreement on providing with support shall be resolved by the court.

Article 47.Considering the agreement on providing with support to be void

47.1.Matters related to the void agreement on providing with support as well as considering an agreement on providing with support to be void shall be regulated by the relevant provisions of the Civil Code.

47.2.A claim to consider an agreement on providing with support to be void due to harm to the rights or interests of the support recipient may be brought by the support recipient's parents, family members, guardian, custodian, or an organization protecting the rights and interests of the child.

Article 48.Issuing the additional expenditure from the respondent

48.1.In the event of special circumstances affecting the support recipient (such as serious illness, disability, undergoing treatment, or enrolling in school), the person specified in Article 47.2 of this Law may file a claim in court to seek additional support or reimbursement for incurred expenses.

Article 49.Reimbursement of the support/alimony

49.1.If it is established that the support payer has deliberately evaded payment of support or concealed their salary and other income, the court shall order the reimbursement of unpaid support based on the claims of the support recipient, other citizens, and relevant organizations.

49.2.If the support payer is unemployed or it is not possible to determine their salary and other income, the court will use the current minimum wage as a basis for calculating the support reimbursement.

49.3.If the support payer has become incapacitated, the court may exempt them from reimbursing either a portion or the entirety of the support for that period.

Article 50.The liability for delayed payment of support

50.1.If the parties have entered into an agreement regarding the payment of support and the support amount is not paid on time, the incurred damages will be compensated according to the terms specified in the agreement.

50.2.If the support established by a court decision is not paid on time, a penalty of 0.5% of the determined support amount will be incurred for each day of delay.

50.3.The total amount of penalties shall not exceed 50% of the unpaid support amount.

50.4.If the agreement does not specify the compensation for damages incurred due to the failure to repay the support on time, the provisions outlined in Articles 50.2 and 50.3 of this Law shall apply.

Article 51.Recovery of support payments from property

51.1.When recovering support payments from the monetary deposits and other properties of the support payer, the procedures outlined in Article 25 of the Law on Enforcement of Court Decisions shall be followed.

Article 52.Release from support obligations

52.1.The court may release from support obligations in the following circumstances:

52.1.1.if the dependent/support recipient has permanently lost their capability to work due to habitual consumption of alcoholic beverages or narcotic substances, or intentionally inflicting bodily harm, the support payer may be released from their obligations;

52.1.2.if the father, mother, stepfather, or stepmother has had their parental rights terminated, the child may be released from their obligations.

Article 53.Termination of support obligation

53.1.The obligation to provide support shall be terminated in the following cases:

53.1.1.the duration of the agreement on providing with support has expired;

53.1.2.the dependent has married and regained their capability to work;

53.1.3.the dependent child has been adopted by others or has reached the age of 18;

53.1.4.the supporter or the dependent deceased.

CHAPTER SEVEN

ADOPTION OF A CHILD

Article 54.Adoption of, and giving for adoption a child

54.1.A child shall be given for adoption in accordance with their interests.

54.2.A child may be adopted by foreign citizens in accordance with the procedures outlined in Article 58 of this Law.

Article 55.General conditions for adoption of and giving for adoption a child

55.1.The parents' consent for adoption and the request to adopt a child shall be made in writing and notarized.

55.2. If one of the spouses is adopting a child, they must obtain the consent of his/her wife or husband.

55.3.If the child is a full orphan, or if both parents are completely incapable of exercising their civil legal rights, in cases of adoption of the child, unless otherwise stipulated by law, the consent of the child's guardian, custodian, or the child foster care institution shall be obtained.

55.4.Consent shall be obtained from the child who is seven years old or older.

55.5.A child of a person whose parental rights have been revoked shall be adopted six months after the court decision becomes effective.

55.6.The prospective adopter shall submit a application to adopt a child to the governor of the soum or district where the child is residing.

55.7.The governor of the soum or district shall review the application to adopt a child and shall make a decision whether to adopt or not within 20 calendar days.

55.8.An officer of civil family registry shall register the adoption of a child on the bases of decision on adoption of the child.

Article 56.Registration and monitoring of children in difficult circumstances for adoption

56.1.The governor of the soum or district shall conduct a survey and maintain a register of children in difficult circumstances available for adoption within the jurisdiction of their territory.

56.2.The state central administrative body in charge of population matters shall maintain an integrated register of children in difficult circumstances available for adoption and monitor its management.

Article 57.Adopter

57.1.The adopter shall be an adult with full legal capacity and who has the necessary means to support and raise the child.

57.2.It shall be prohibited to adopt a child for individuals including a citizen of Mongolia who is single, over 60 years old and under custody of others, and who is not a relative; foreign citizens who are over 60 years old; individuals whose parental rights have been restricted or revoked or who have had their rights restricted or revoked in the past; individuals who have previously returned a child they adopted due to their own fault; individuals who adopt children for the purpose of gaining financial profit; those who have been legally recognized as fully or partially incapable of exercising their civil legal rights by a court decision; individuals with tuberculosis, mental health issues, chronic alcohol or drug abuse, or who have been repeatedly convicted of criminal offenses, or are serving a prison sentence.

/This paragraph was amended by the law as of April 22, 2010/

57.3.The age restrictions specified in Article 57.2 of this Law shall not apply when a relative adopts a full orphan.

Article 58.Adoption of child of Mongolian nationality by a foreign citizen

58.1.A foreign citizen shall file application for adopting a child of Mongolian nationality to the competent authority of Mongolia through the competent authority of his/her own country.

58.2.A foreign citizen who has resided in Mongolia for at least six months is not subject to the provisions of Article 58.1 when adopting a child of Mongolian nationality.

58.3.In addition to the approvals specified in Articles 55.1 and 55.3 of this Law, a foreign citizen applicant to adopt a child shall submit the following documents:

58.3.1.a notarized application from the prospective adopter (jointly submitted by husband and wife, if applicable), along with an official translation if the application is submitted in a foreign language.

/This sub-paragraph was modified by the law as of February 10, 2011/

58.3.2.a medical certification regarding whether adopter has tuberculosis, AIDS, or mental disease;

58.3.3.a copy of the applicant's marriage certificate (if married);

58.3.4.a reference from the relevant authority regarding the applicant's permanent residence (including a reference from the police);

58.3.5.a reference from the relevant authority of the applicant's country regarding their living and financial capabilities;

58.3.6.a reference from the state central administrative body in charge of population matters regarding the applicant.

58.4.The adoption of a child of Mongolian nationality by a foreign citizen shall be registered by the authority specified in Article 111 of the Law on the Legal Status of Foreign Nationals.

58.5.The application for the adoption of a child of Mongolian nationality residing abroad shall be submitted through the diplomatic or consular office of Mongolia and processed under this Law, exempting from the stipulation in Article 58.1 of this Law.

58.6.The state central administrative body in charge of population matters shall maintain a registry of foreign citizens wishing to adopt a child of Mongolian nationality and collaborate with other countries, their relevant agencies, and international organizations on matters related to child adoption, as well as protecting the rights and interests of adopted children.

58.7.The procedure for adopting a child by a foreign citizen shall be jointly established by the members of the government in charge of legal and health, social welfare matters.

58.8.The adoptive parents shall be responsible for informing the child's homeland and biological parents.

58.9.The adopted child shall exercise the right to choose their citizenship in accordance with the Law on Citizenship.

58.10.This article shall equally apply to stateless persons.

Article 59.Rights and obligations of the adopted child and the adoptive parents

59.1.An adopted child shall exercise the same rights and obligations as a biological child.

59.2.Adoptive parents shall exercise the same rights and obligations as biological parents.

59.3.An adopted child shall be released from the obligation to support adoptive parents and shall lose the property and non-property rights

59.3.An adopted child is relieved from the obligation to support the adopted/birth/biological parents and will lose both property and non-property rights.

59.4.An adopted child who receives loss of breadwinner pension shall retain the right to continue receiving the pension.

Article 60.Confidentiality of adoption

60.1.Officials and other individuals who are aware of the details of an adoption are obligated to maintain its confidentiality.

60.2.If the confidentiality of an adoption is disclosed without the consent of the adoptive parent and the adoptee, the individual responsible will face penalties as stipulated by law.

Article 61.Considering the adoption to be void

61.1.The court shall consider the adoption to be void on a claim by the the biological parents, other interested persons, organization protecting the child's rights and interest and the child who has reached age of 14 years in cases when the adopter has abused their parental rights, treated the child cruelly, submitted fraudulent documentation to obtain an adoption order, or is identified as a person specified in Article 57.2 of this Law.

61.2.The court may consider the adoption to be void on other grounds if it is considered necessary.

Article 62.Consequences due to considering the adoption to be void

62.1.The court shall decide the issue of returning back the child to biological parents, guardian or custodian in a case the adoption has been considered to be void.

62.2.The court shall decide the issue of transferring the child to foster care institution if it is established that it is detrimental to the child's rights and interest to return back him/her to the parents, or there is no any other legal representative.

62.3.The expenses related to the transfer of the child to the child foster care institution shall be issued by the adoptive parents, and a claim may be filed to the court for obtaining a compensation for damages incurred from the adoptive parents.

CHAPTER EIGHT

TO TAKE IN LEGAL GUARDIAN, CUSTODY, AND TO TAKE CHILD INTO THE FAMILY FOR UPBRINGING

Article 63.A person to be under legal guardian

63.1.The following persons shall be under legal guardian:

63.1.1.a minor /under 14 years of age/ orphan child;

63.1.2.a minor child whose both parents are considered to fully incapable or have limited civil legal capacity, or have been restricted or revoked their parental rights;

63.1.3.a minor child whose both parents, due to valid reasons such as long-term medical treatment or serving a prison sentence, are unable to personally support and care for their child;

63.1.4.a person deemed by the court to be fully incapable due to mental illness.

63.2.The full orphan brothers and sisters can be granted one legal guardian.

Article 64.A person to be under custody

64.1.The following persons shall be under custody:

64.1.1.an youth /14 to 18 years old/ who is a full orphan;

64.1.2.an youth whose both parents are considered to fully incapable or have limited civil legal capacity, or have been restricted or revoked their parental rights;

64.1.3.an youth whose both parents, due to valid reasons such as long-term medical treatment or serving a prison sentence, are unable to personally support and care for their child;

64.1.4.a person deemed to have limited civil legal capacity due to frequent use of alcoholic beverages or narcotic substances;

64.1.5.a person unable to personally exercise their civil rights and obligations due to health conditions or old age.

Article 65.Rights of a person under legal guardian and custody

65.1.The person who is under legal guardian and custody, shall exercise the following rights:

65.1.1.to live with the family of the guardian and custodian;

65.1.2.to have all conditions to be educated and live healthy life;

65.1.3.to receive social insurance and social welfare pension and welfare allowances;

65.1.4.to retain the right to live in their residence;

65.1.5.other rights stated in legislation.

Article 66.Legal guardian and custody institutions

66.1.The duties of investigating and determining the persons specified in Articles 63 and 64 of this Law, appointing a legal guardian or custodian for them, and addressing other related matters regarding the legal guardian and custody shall be carried out by the Governor of the soum or district.

66.2.If no legal guardian or custodian has been appointed, or if the current legal guardian or custodian is incapable to fulfill their rights and duties personally due to health issues or old age, the child previously under their care shall be transferred to a child foster care institution, and as for the child who transferred to foster caregivers, the social welfare agency shall provide care and support for them.

66.3.The properties of the child who transferred to child care foster institution and foster caregiver or of the person who has been transferred to social welfare agency shall be under responsibility of the protector appointed by the court.

Article 67.Legal guardian and custody

67.1.The legal guardian and custodian shall be appointed in accordance with the procedures outlined below:

67.1.1.the Governor of soum and district shall establish  the legal guardian and custodian based on the written consent certified by a notary of relatives or non-relatives with adequate financial possibilities;

67.1.2.if a legal guardian and custodian has not been appointed, the child shall be placed in a child foster care institution by taking into account the child's age and health status;

67.1.3.if a custodian has not been appointed, the elderly or disabled person shall be placed in a care facility;

67.1.4.a person deemed to have fully incapacitated or limited due to mental illness shall be transferred to a psychiatric hospital and relevant institution.

67.2.Any organization or citizen shall be required to inform the relevant Governor of soum or district about the person who is required to be taken under legal guardian or custodian.

67.3.This Law shall apply to be taken under legal guardian or custodian of citizens of Mongolia residing abroad, foreign citizens permanently residing in Mongolia, and stateless person.

67.4.An appointment of a legal guardian or custodian for a citizen of Mongolia residing abroad, made in accordance with the laws of that country, shall be considered valid, provided that such appointment does not contravene the provisions of this Law.

67.5.The activities of the legal guardian or custodian shall be provided free of charge.

Article 68.The persons who cannot be appointed as a legal guardian or custodian

68.1.It shall be prohibited to appoint the following person as a legal guardian or custodian:

68.1.1.person whose  parental rights have been restricted or revoked;

68.1.2.person who is under legal guardian or custodian;

68.1.3.person who is permanently consume alcoholic beverages or narcotic substances;

68.1.4.person is serving penalty of imprisonment or has served several times in crimes;

68.1.5.person returned the adopted child due to his/her own fault.

Article 69.The obligation of the legal guardian and custodian

69.1.The legal guardian and custodian shall undertake the following obligations:

69.1.1.to supply the person in his/her guardian or custody by food and accommodation and to care;

69.1.2.to protect the rights and interests of the person in his/her guardian or custody;

69.1.3.to keep monetary assets, valuable things, securities and other documents of the person in his/her guardian or custody in the bank;

69.1.4.to manage and dispose of the real estate, livestock, monetary deposits held in banks, and other valuables of the person in his/her guardian or custody for their benefit, to terminate housing lease agreements, and to initiate or discontinue any business activities on behalf of the person under care, with prior approval from the Governor of the respective soum or district;             

69.1.5.to report annually on the obligations to the Governor of the soum and district.

69.2.The legal guardian and custodian shall consider the opinion of the person his/her guardian or custody except minors and a person with mental disabilities, to implement the above obligations. 

Article 70.The prohibition of the legal guardian and custodian

70.1.It shall be prohibited to act as following for the legal guardian and custodian:

70.1.1.to make agreement with the person under his/her guardian and custody;

70.1.2.to make agreement with one of the members of his/her family and relatives on behalf of the person under his/her guardian or custody;

70.1.3.to represent the person under his/her guardian or custody in court in disputes between that person and his/her family members or relatives;

70.1.4.to gift, sell, trade, pledge, mortgage, or otherwise dispose of the real estate, livestock, savings, securities, or valuables of the person under his/her guardian or custody, except for those intended for the person him/herself;

70.1.5.to terminate a rental agreement for housing or to engage in new business activities or stop existing ones on behalf of the person under his/her guardian or custody, without the permission of the Governor of the soum or district.

Article 71.The Governor's rights regarding activities of legal guardian and custodian

71.1.The Governor shall exercise the following rights regarding activities of legal guardian and custodian:

71.1.1.to receive information about the person who requires legal guardian and custodian, conduct an investigation into the situation, gather relevant materials, and make a decision to appoint or change the legal guardian and custodian;

71.1.2.to make a decision to transfer a child who has not been appointed a legal guardian and custodian to a child foster care institution, or to transfer an elderly person or a person with disabilities to a care facility;

71.1.3.to open and maintain a personal file for each person under the legal guardian and custodian;

71.1.4.to attach the following documents to the personal file: the decision to establish a legal guardian and custodian, medical certificates from healthcare institutions, birth certificates or age-determining documents, proof of residence address, information about family members or relatives, a list of assets, agreements with the legal guardian and custodian, and any other required materials;

71.1.5.to enter into an agreement with the legal guardian and custodian, and monitor its fulfillment;

71.1.6.if the rights or interests of the person under legal guardian and custodian are at risk of being harmed, to prohibit the legal guardian and custodian from engaging in certain transactions;

71.1.7.if the person under the legal guardian and custodian suffers damage to his/her property due to the wrongful actions of the legal guardian and custodian, to file a claim in court for the compensation of the damages.

Article 72.Monitoring the activities of the legal guardian and custodian

72.1.The Governor of soum and district shall monitor the activities of the legal guardian and custodian under the following procedure:

72.1.1.to get acquainted with the activities of the legal guardian and custodian, and the associated documents;

72.1.2.to obtain the financial account records of the property under the control of the legal guardian and custodian, check its integrity, and review the balance sheet of the business activities conducted on behalf of the person under the legal guardian and custodian.

72.2.Any organization or citizen shall have a right to file a complaint or provide information to the Governor of the soum and district regarding the activities of the legal guardian and custodian.

Article 73.The termination of the right and obligation regarding taking under legal guardian and custody

73.1.When a child under legal guardian reaches the age of 14, the legal guardian shall exercise the rights and assume the obligations of a custodian.

73.2.In the following circumstances the rights and obligations of the legal guardian and custodian shall be terminated:

73.2.1.the conditions for takin under legal guardian and custody have been terminated, and the child has been returned to the parents;

73.2.2.the child has been adopted or transferred to the child foster care institution;

73.2.3.person under the custodian care reached age of adult;

73.2.4.the legal guardian and custodian have submitted a request;

73.2.5.the person under the custodian care has been deemed to have full capacity by a court decision;

73.2.6.the legal guardian and custodian, or the person under the legal guardian and custodian has gone missing or has been presumed deceased or died.

73.3.If the the legal guardian or custodian has abused their rights or failed to fulfill their obligations properly, resulting in the person under the legal guardian and custodian being left without supervision or not receiving necessary assistance, the court shall terminate the decision appointing the the legal guardian and custodian and will address the issue of appointing a new the legal guardian and custodian in accordance with the appropriate procedures.

73.4.When the the legal guardian or custodian is relieved of their duties or when their rights and obligations come to end, they must submit a report on the property of the person under their legal guardian and custodian to the Governor of the soum and district within three months and transfer the property to them or to their legal representatives or heirs.

Article 74.Taking a child into the family for caring and upbringing

74.1.A citizen may take in a minor or an underage child/youth who are in difficult circumstances and foster them at their own expense (hereinafter referred to as "fostering").

74.2.When fostering a child, a agreement shall be established for a specific duration between the social welfare organization and the citizen who has applied to foster.

74.3.The foster care agreement shall specify the conditions for the care, upbringing, and education of the child, the rights and responsibilities of the foster caregiver and social welfare organizations, the incentives to be provided to the foster caregiver, other benefits to be granted in accordance with the legislation, the grounds for terminating the agreement, and the consequences of such termination.

74.4.If it is determined that the foster family is no longer suitable for caring for the child, and the child has been returned to the biological parents or adopted, the social welfare organization may require the termination of the agreement. The agreement may also be terminated early at the initiative of the foster caregiver in cases where there are other justifiable circumstances, including illness, changes in family or financial status, mutual misunderstanding, or disputes

74.5.When transferring a child for foster care, consent must be obtained from the child who is seven years old or older.

74.6.A child transferred to foster care shall have the right to receive losing the breadwinner's and social welfare pensions and allowances, and housing in accordance with the legislation.

74.7.The funds required for the incentives to be provided to the foster caregiver as outlined in Article 74.3 of this Law shall be financed from the social welfare fund, as provided by the Law on Social Welfare.

74.8.In accordance with Article 66.2 of this law, the social welfare organization shall oversee the activities of the foster caregiver as the legal guardian or custodian.

Article 75.The person who cannot make an foster care agreement

75.1.It shall be prohibited to enter into a foster care agreement with individuals who have had their parental rights restricted, revoked, or previously restricted and revoked; those who have returned a child they had fostered or adopted due to their own fault; those who are legally considered to have full or limited legal capacity due to a court decision; those who regularly consume alcoholic beverages or narcotic substances; those who have been repeatedly convicted of criminal offenses, or those currently serving a prison sentence.

CHAPTER NINE

MISCELLANEOUS

Article 76.Entry into force of this Law

76.1.This Law shall enter into force on August 1, 1999.

THE DEPUTY CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA GANBOLD.D