Law No. 258-IV Family Code of Turkmenistan.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Family Code establishes the legal framework governing family relations in the country. It defines core concepts such as family, marriage, spouses, children, parents, close relatives, adoption, guardianship, and maintenance (alimony). The Code affirms that only marriages registered by state civil registry bodies are legally recognized, prohibits polygamy, and sets the general marriage age at 18 (with limited exceptions). It regulates the conditions, procedure, and legal consequences of marriage, divorce, and invalid marriages, emphasizing voluntary consent, equality of spouses, and state protection of the family, motherhood, fatherhood, and childhood.
A substantial part of the Code is devoted to the rights and obligations of spouses, including personal rights, equality within marriage, choice of surname, and property relations. It establishes joint marital property acquired during marriage, rules for its management and division, and circumstances under which property may be considered separate. The Code also regulates spousal maintenance during and after marriage, defining who is entitled to support and under what conditions. Mechanisms for prenuptial (marriage) contracts are provided, allowing spouses to regulate their property relations while prohibiting clauses that undermine legal equality, capacity, or fundamental family-law principles.
The Code places strong emphasis on the rights and best interests of children. It governs determination of parentage, birth registration, children’s rights to family life, identity, protection, education, and expression of views, and the equal rights of children regardless of whether their parents are married. Detailed rules are set out for parental rights and responsibilities, restriction or deprivation of parental rights, and resolution of child-related disputes. It further regulates adoption, guardianship, and trusteeship, prioritizing family-based care for children deprived of parental care while safeguarding oversight by state authorities. Overall, the Code reflects a comprehensive, state-centered approach to regulating family relations, with child welfare and legal certainty as core guiding principles.
A substantial part of the Code is devoted to the rights and obligations of spouses, including personal rights, equality within marriage, choice of surname, and property relations. It establishes joint marital property acquired during marriage, rules for its management and division, and circumstances under which property may be considered separate. The Code also regulates spousal maintenance during and after marriage, defining who is entitled to support and under what conditions. Mechanisms for prenuptial (marriage) contracts are provided, allowing spouses to regulate their property relations while prohibiting clauses that undermine legal equality, capacity, or fundamental family-law principles.
The Code places strong emphasis on the rights and best interests of children. It governs determination of parentage, birth registration, children’s rights to family life, identity, protection, education, and expression of views, and the equal rights of children regardless of whether their parents are married. Detailed rules are set out for parental rights and responsibilities, restriction or deprivation of parental rights, and resolution of child-related disputes. It further regulates adoption, guardianship, and trusteeship, prioritizing family-based care for children deprived of parental care while safeguarding oversight by state authorities. Overall, the Code reflects a comprehensive, state-centered approach to regulating family relations, with child welfare and legal certainty as core guiding principles.
Attached files
Web site
Entry into force notes
This Family Code enters into force on 1 April 2012.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
TÜRKMENISTANYŇ KANUNY Türkmenistanyň Maşgala kodeksini tassyklamak we güýje girizmek hakynda.