Establishment of guardianship or custody for orphan child (children) and a child (children) left without parental care and appointment of allowance to the guardians or care givers for the maintenance of an orphan child (children) and a child (children) left without parental care

1. An application.
2. An identity card or an electronic document from the digital document service (required for person identification).
3. Notarized consent of the spouse (s), if married.
4. Health certificates of the service recipient and spouse (s), if married certifying the absence of the diseases in accordance with the list approved by order of the Minister of Health and Social Development of the Republic of Kazakhstan dated August 28, 2015 No. 692 "On the approval of the list of the diseases with the presence of which the natural person cannot adopt the child, take him under guardianship or custody, patronage" (Order No. 692) (registered in the Statutory Legal Acts State Registration Register under No. 12127 as well as certificate on the absence of information of being recorded as the patient of drug and psychiatric dispensaries in accordance with the form approved by order of the Minister of Health of the Republic of Kazakhstan dated May 18, 2020 No. “ҚР ДСМ”-49/2020 "On some issues of public health services provision" (registered in the Statutory Legal Acts State Registration Register under No. 20665) (order No. “ҚР ДСМ” -49/2020).
5. A copy of marriage certificate (if married) in the absence of information in the information system "registry point of the civil registry office" (IS of the civil registry office") or outside the Republic of Kazakhstan.
6. Birth certificate of the child (children) in electronic form or a hard copy thereof, in the absence of information in the IS of the civil registry office or of the child (children) born outside the Republic of Kazakhstan (the original is required for identification).
7. Copies of documents confirming the fact of the absence of custody of the child by the only or both parents (certificate or notice of death, court decision to terminate the parental rights, limit the parental rights, declare the parents as missing, legally incapacitated (partially capacitated), declaring them dead, a court verdict on the parents serving their sentences in custody, documents confirming the search for the parents, the removal of the child (children) from custody, parents being on long-term treatment in the healthcare organizations, an act on abandoning a child (children), an application for abandoning a child (children), birth certificate (in the absence of information in the IS civil registry office) in the form approved by order of the Minister of Justice of the Republic of Kazakhstan "On approval of the Rules for organization of state registration of civil status acts, amendments, restoration, cancellation of civil status records" dated February 25, 2015 No. 112 (Order No. 112) (registered in the Register of Statutory Legal Acts State Registration under No. 10764).
8. Information about income of the service recipient and (or) spouse (s), if married.
9. Copies of documents confirming the fact of kinship of relatives, stepfather (stepmother) to the child (children).
10. A certificate of completion of training for persons wishing to adopt orphans and children left without parental care (except for close relatives of the child).
11. Copies of documents confirming the right to use housing of the service recipient and (or) of the spouse (s) (in the absence of property ownership rights).

The original documents are submitted for verification, after which the originals are returned to the service recipient.

1.     Application.

2.     The service recipient’s identity card or e-document from the digital document service (required for identification).

3.     A birth certificate of the child (children) in electronic form or its hard copy in the absence of information about the child (-ren) in the information system "registry point of the civil registry office" (IS of the civil registry office) or of the child (-ren) born outside the Republic of Kazakhstan.

4.     A copy of personal account agreement in the name of a guardian or care giver in the second-tier bank or in an organization licensed by the National Bank of the Republic of Kazakhstan to perform designated bank operations.

5.     A copy of order of education department (unit) of regional significance districts and cities as well as of Astana city, Almaty and Shymkent city on the appointment of a guardian or care giver.

6.     Information about the income of the child (children) (documents confirming the receipt of public social benefits and other social payments, alimony, information about the current income received from the property of the child (-ren).

The documents are submitted in the original for verification after which the originals are returned to the service recipient.

! It is barred to reject the receipt of an appeal.

1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

2. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.