Enforcement of the Constitutional Court's decision: the provision of the Code “On Marriage (Matrimony) and Family” has been brought into line with the Constitution

Теlegram CС - https://t.me/consot_kz

 

On December 4, the Head of State signed the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Culture, Education, Family, and State Control.”

The law contains a number of amendments to the Code “On Marriage (Matrimony) and Family” to strengthen legal mechanisms for the protection of orphans and children left without parental care, aimed at implementing the final decision of the Constitutional Court.

In particular, in its final decision No. 49-NP dated July 23, 2024 (https://www.gov.kz/memleket/entities/ksrk/documents/details/695569?lang=en), the Constitutional Court recognized subparagraph 11) of paragraph 2 of Article 91 of the Code as unconstitutional.

The constitutional control body pointed out that the legal regulation of adoption should be based on the interests of the child, who needs protection of his or her rights and interests, and should be guided by the constitutionally defined task of protecting marriage and family, motherhood, fatherhood, and childhood. Accordingly, legislative mechanisms should be aimed at supporting adoption on equal terms by men and women, primarily those who are married and have families, as this is more in line with the goals of best ensuring the interests of the child and caring for him or her.

In accordance with the decision of the Constitutional Court, the provision recognized as unconstitutional by the law has been removed from the Code. In addition, paragraph 1 of Article 91 has been supplemented with a second part, which provides for the preferential right of adoption of a child by his or her relatives, and in their absence, by persons in a registered marriage (https://adilet.zan.kz/rus/docs/Z2500000236).