Note!
For the procedure for putting this order into effect, see paragraph 4.
I order you to:
1. make the following amendment to the order of the minister of Education and science of the Republic of Kazakhstan dated June 29, 2016 No. 407" on approval of the rules for registration of orphans, children left without parental care, persons permanently residing in the territory of the Republic of Kazakhstan who are citizens of the Republic of Kazakhstan " (registered in the Register of state registration of normative legal acts of the Republic of Kazakhstan No. 14067) ::
The rules for registration of persons who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, wishing to adopt orphans, children left without parental care, approved by the specified order, should be set out in the wording in accordance with the annex to this order.
2. the committee for the protection of children's rights of the Ministry of Education and science of the Republic of Kazakhstan shall ensure in accordance with the procedure established by the legislation of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting this order on the internet resource of the Ministry of Education and science of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submit to the Legal Department of the Ministry of Education and science of the Republic of Kazakhstan information on the implementation of the measures provided for in subitems 1) and 2) of this paragraph.
3.control over the implementation of this order is entrusted to the supervising vice-minister of Education and science of the Republic of Kazakhstan.
4. This order, with the exception of subparagraph 15) of Paragraph 4 of the rules for registration of persons who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, wishing to adopt orphans, children left without parental care, approved by the specified order, subparagraph 6) of Paragraph 8 and subparagraph 16) of paragraph 9 of the standard of Public Service "registration of persons wishing to adopt, on the expiration of ten calendar days after the date of its first official publication
Education and
Science of the Republic of Kazakhstan A. Aimagambetov
Appendix to the order
Minister of education and science
Republic Of Kazakhstan
Dated April 30, 2020 No. 167
Approved by the order
Minister of education and science
Republic Of Kazakhstan
Dated June 29, 2020 No. 407
Rules for registration of orphans, children left without parental care, persons permanently residing in the territory of the Republic of Kazakhstan who have expressed a desire to adopt, who are citizens of the Republic of Kazakhstan
Chapter 1. General provisions
1. These rules for accounting for persons who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, wishing to adopt orphans and children left without parental care, are included in Paragraph 2 of Article 89 of the Code of the Republic of Kazakhstan dated December 26, 2011 " on marriage (matrimony) and family "(hereinafter referred to as subparagraph 1) of Article 10 of the law of the Republic of Kazakhstan dated April 15, 2013" on public services "(hereinafter referred to as subparagraph 1) of the Code of the Republic of Kazakhstan dated December 26, 2011 (hereinafter referred to as - – Determines the procedure for registration of orphans, children left without parental care, persons permanently residing in the territory of the Republic of Kazakhstan who are citizens of the Republic of Kazakhstan (hereinafter referred to as service recipients) who have expressed a desire to adopt.
2. the following concepts are used in these rules::
1) Republican Data Bank of orphans, children left without parental care and persons wishing to accept children into their families (hereinafter referred to as the Republican data bank) - a database containing information about orphans, children left without parental care, as well as about persons wishing to accept orphans, children left without parental care into their families;
2) Public Service Standard-a list of basic requirements for the provision of public services, including the description, form, content and result of the process of rendering public services, as well as other information, taking into account the specifics of rendering public services;
3) e-government web portal – an information system that provides a single window for access to all consolidated government information, including the regulatory framework, and public services provided in electronic form, services for issuing technical specifications for connection to the networks of natural monopoly entities, and services of quasi – public sector entities (hereinafter referred to as the portal).;
4) Electronic Digital Signature – a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of its content (hereinafter referred to as EDs).
3. registration of citizens is carried out by local executive bodies of districts, cities of regional significance, cities of Republican significance, and the capital at the place of residence of citizens (hereinafter referred to as the service provider).
The deadline for reviewing documents and registering persons wishing to adopt children is 10 (ten) business days.
Chapter 2. Procedure for registration of citizens
4.citizens are registered by persons who have reached the age of majority.:
1) persons recognized by the court as incapacitated or with limited legal capacity;
2) spouses, one of whom is recognized by the court as incapacitated or with limited legal capacity;
3) persons deprived by the court of parental rights or restricted by the court of parental rights;
4) persons suspended from the duties of a guardian or trustee for improper performance of the duties assigned to them by the laws of the Republic of Kazakhstan;
5) acceptance of former adoptive parents is prohibited if the court cancels the adoption due to their fault;
6) persons who are unable to exercise parental rights due to health reasons. The list of diseases for which a person is unable to adopt a child, accept it under guardianship or guardianship, patronage is established by the authorized body in the field of healthcare;
7) persons who do not have a permanent place of residence.;
8) persons who adhere to non-traditional sexual orientation;
9) in court in accordance with the procedure established by the legislation of the Republic of Kazakhstan, with the exception of persons who have an outstanding or outstanding criminal record for committing an intentional crime during the adoption of a child, as well as those specified in subitem 14) of this paragraph.;
10) stateless persons;
11) male persons who are not in a registered marriage (matrimony), except in cases of actual upbringing of a child for at least three years in connection with the death of the mother or loss of parental rights;
12) the right to adopt a child, with the exception of persons who do not have an income that provides the adopted child with the subsistence minimum established by the legislation of the Republic of Kazakhstan when adopting a child;
13) persons registered in Narcological or psychoneurological dispensaries;
14) persons who have or have had a criminal record for murder, intentional harm to health, criminal offenses against public health and morality, sexual inviolability, extremist or terrorist crimes, human trafficking (except for persons whose criminal prosecution is terminated on the basis of sub-paragraphs 1) and 2)of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan);;
15) citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan (with the exception of close relatives of the child) who have not passed psychological training in accordance with the procedure established by Item 4 of Article 91 of the code.
5.in order to receive a public service, the service recipient, through the portal, submits to the service provider an application for adoption (in any form) with the attachment of documents provided for in the standard of Public Service "registration of persons wishing to adopt" (hereinafter referred to as the standard) in accordance with Annex 1 to these rules.
6.a notification of acceptance of a request for public services, as well as the date and time of receipt of the result of rendering a public service, is sent to the "personal account" of the service recipient.
7.the service provider accepts and registers applications on the day of their receipt (when the applicant applies after the end of working hours, on weekends or holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted on the next working day).
8.the service provider verifies the completeness of the submitted documents within 2 (two) business days from the date of receipt of documents through the portal.
9.information on documents certifying the identity of the service recipient and (or) spouse, confirming the right of ownership of housing of the service recipient and (or) spouse, certificates on the presence or absence of a criminal record of the service recipient and spouse, if they are married, in the absence of information in the information system "registry office", the service provider receives information from the relevant State Information Systems through the Gateway of "e-government".