3.4 Civil documentation The arrangements that each State makes for registering the births of children to stateless parents are described in Section 2.6. In all five States, persons officially registered as stateless, and other foreigners, have the same rights to marry and the same responsibilities in marriage as citizens. They are also entitled to divorce on the same terms as citizens.259 In all five States, stateless persons and foreigners intending to marry a national on State territory must produce valid identification.260 For stateless persons, this can mean a valid residence permit.261 Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan require that any additional documents issued abroad be produced in notarised translation. Kyrgyzstan and Tajikistan also require that the document be legalised by a consulate, or Foreign Ministry department.262 Marriage on the territory of each of the five States becomes legally valid when it is registered at a state registry office.263 Marriage to a national resident abroad takes place in the State consulate, or other State representative office, which transmits the record for registration in a national ZAGS.264 In Turkmenistan, the prescribed form of marriage between a citizen and a stateless person, or other foreigner, is a ‘Marriage Contract’ in which partners agree on their property rights and obligations in the event of a divorce.265 It comes into force as soon as it is signed by the partners and registered in a ZAGS. Kyrgyzstan and Tajikistan also offer the option of a marriage contract – a brachnyi dogovor – to anyone who is intending to marry, but only in addition to a civil marriage registration in a ZAGS.266 Turkmenistan sets an age limit of 18 for nationals who wish to marry a non-national – two years higher than the otherwise legal age for marriage.267 At a session in December 2004, the UN Committee for the Elimination of Racial Discrimination expressed concern about this difference.268 The other four States set no higher age requirements for spouses in their marriages to non-nationals. 259 Article 17, 1997 Law No 500 ‘On the Legal Status of Foreigners’ in Tajikistan, as amended in 2009; Article 16, 1993 Law No 1296–XII ‘On the Legal Status of Foreigners’ in Kyrgyzstan; Article 17, 1993 Law ‘On the Legal Status of Foreigners’ in Turkmenistan, as amended in 2011; Article 14, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in Kazakhstan; Article 96, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ of Uzbekistan. 260 Article 6(4), 1999 Government Decree No 620, ‘On the Procedure for Registering Civil Status Acts’ in Kazakhstan; Article 5(1), 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 96, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan; Para. 6, 2004 Rules No 141 ‘On the Registration of Civil Acts’ in Turkmenistan; Article 3, 2001 Rules No 91 ‘On the Registration of Civil Status Acts’ in Kyrgyzstan. 261 Article 35(1), 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 93(4), 1999 Government Decree No 620, ‘On the Procedure for Registering Civil Status Acts’ in Kazakhstan; Article 96, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan’; Article 15, 2002 Marriage and Family Code of Turkmenistan; Article 3, 2001 Rules No 91 ‘On the Registration of Civil Status Acts’ in Kyrgyzstan. 262 Article 5(1), 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 96, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan; Article 7.1, 2005 Law No 60 ‘On Civil Status Acts’ in Kyrgyzstan; Article 94, 1999 Government Decree No 620, ‘On the Procedure for Registering Civil Status Acts’ in Kazakhstan. 263 Articles 4.2 and 34.2, 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 200(3), 1999 Government Decree No 620, ‘On the Procedure for Registering Civil Status Acts’ in Kazakhstan; Article 96, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan; Article 14, 2002 Marriage and Family Code of Turkmenistan; Article 11, 2003 Family Code of Kyrgyzstan, No 201. 264 Article 168, 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 5, 1999 Government Decree No 620 ‘On the Procedure for Registering Civil Status Acts’ in Kazakhstan; Article 13, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan; Article 215, 2002 Marriage and Family Code of Turkmenistan; Article 164, 2003 Family Code of Kyrgyzstan, No 210. 265 Article 14, 2002 Marriage and Family Code of Turkmenistan. 266 Articles 40 and 41, 1998 Family Code of Tajikistan, No 682; Article 43, 2005 Family Code of Kyrgyzstan, No 80, as amended in June 2005. In 2006 Turkmenistan abolished the requirement that a Marriage Contract between a Turkmen national and a stateless person or other foreigner include a 50,000 US Dollar down-payment for insurance. 267 Article 16, 2002 Marriage and Family Code of Turkmenistan. 268 UN Committee for the Elimination of Racial Discrimination, CERD/C/65/TKM/CO/8 2004. ~ 40 ~