Is it necessary to include a molecular genetic expertise report when applying to the court for the adoption of a child?

Is it necessary to include a molecular genetic expertise report when applying to the court for the adoption of a child?

No, it's not.

The Constitutional Court recently declared unconstitutional a provision in the Supreme Court's Normative Resolution of March 31, 2016 No. 2 "On the practice of application of the legislation on adoption of children by courts", which mandated attaching a molecular genetic expertise report to adoption applications. This decision was made in response to a citizen's appeal (Constitutional Court of the RK, Decision No. 18-NP, June 1, 2023). You can read more about it here: https://www.gov.kz/memleket/entities/ksrk/documents/details/476950?lang=ru 

Recognizing the importance of the Supreme Court's role in ensuring the evidentiary basis of court decisions and protecting the rights of the child, the Constitutional Court emphasized that courts themselves have the authority to order expertise, including molecular genetic expertise, during the judicial process if it's deemed necessary for resolving the case. This allows them to verify the legality of procedures, assess evidence, and consider relevant conclusions.

Following the Constitutional Court's decision, the Supreme Court has aligned its regulatory ruling https://adilet.zan.kz/rus/docs/P160000002S with the legal positions outlined by the constitutional review body.