Adoption of a child

Adopting a child is allowed if there are conditions for the normal physical, mental, spiritual and moral development, upbringing and education of the child in the adoptive parent's family. Adoptive parents may be adults, with the exception of the list of persons listed below.

The following can not adopt a child in Kazakhstan:

1. persons recognized by the court as incapacitated or limitedly capable;
2. spouses, one of whom is recognized by the court as legally incompetent or severely legally incompetent;
3. persons deprived by the court of parental rights or limited by the court in parental rights;
4. persons suspended from the duties of a guardian or trustee for improper performance of the duties assigned to him by the laws of the Republic of Kazakhstan;
5. the former adoptive parents, if the adoption is revoked by the court on their fault;
6. persons who, for health reasons, can not exercise parental rights*;
7. persons who do not have a permanent place of residence;
8. people who adhere to non-traditional sexual orientation;
9. persons who have an outstanding or unexpunged criminal record for committing an intentional crime at the time of adoption;
10. stateless persons;
11. a male person who is not in registered marriage, except for cases of actual upbringing of the child for at least three years in connection with the death of the mother or deprivation of her parental rights;
12. persons who at the time of adoption do not have income that provides a living wage to the child to be adopted, established by the legislation of the Republic of Kazakhstan;
13. persons who are registered in the narcological or psycho-neurological dispensaries.
14. persons who have or have had a criminal record, are being or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on the basis of subparagraphs 1) and 2) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses: murder, intentional harm to health, against public health and morality, sexual integrity, for extremist or terrorist crimes, human trafficking;
15. citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who have not undergone psychological training (except for close relatives of the child).

Persons who are not married to each other cannot jointly adopt the same child. Also keep in mind the age difference. The age difference between the adoptive parent and the adopted child must be at least 16 years. For reasons deemed valid by the court, the age difference may be reduced.

Also, persons wishing to take a child into foster care must have a certificate of psychological training (with the exception of close relatives).

A list of diseases in which a person can not adopt a child, take him into custody or guardianship, and foster care:

• Mental illnesses, ICD 10 codes F00-F-79, except neurotic, stress-related and somatoform disorders, ICD 10 codes F-40-F48.
• Alcoholism, drug addiction, substance abuse.
• Tuberculosis (chronic with bacterial excretion, first detected, with bacillus excretion (before abacillation).
• Sexually transmitted diseases (syphilis is not cured, gonorrhea is not cured, urogenital chlamydia is not cured).
• Leprosy, ICD codes 10 30.0-30.9.
• Severe diseases of connective tissue disorganization (systemic lupus erythematosus, scleroderma, dermatomyositis).
• Severe dermatoses with keratinization disorders (severe forms of ichthyosis, ichthyozoform erythroderma, arthropathic psoriasis).
• Severe chronic bullous dermatoses (acantholytic pemphigoid, ichthyozoform skin lesions, epidermolysis bullosa).
• Diseases that have led to the need for constant outside help and care on the basis of a medical opinion.

Depending on the citizenship of the adoptive parent, the list of required documents will vary.

For citizens

Citizens submit to the body exercising the functions of guardianship and custody at the place of their residence or through the Republican Data Bank of orphans, children left without parental care, and persons wishing to adopt children for raising in their families (hereinafter - the Republican Data Bank) a written statement of the desire to adopt children (in an arbitrary form) with the following documents:

1. A copy of the ID card;
2. written consent of close relatives for the adoption of the child;
3. certificate of the amount of the aggregate income;
4. certificates of marital status;
5. references on the state of health of citizens and close relatives, including the mental, lack of drug (toxic), alcohol dependence;
6. certificates of absence of criminal records;
7. a copy of the document confirming the ownership of the housing or the right to use the housing.

You can also submit this application online

For foreigners

Foreigners submit the following documents to the tutorship and guardianship authority:

1. a written statement of the desire to adopt a child;
2. certificate of income;
3. certificate of marital status;
4. copies of passports;
5. information on the state of health, including mental health, on the lack of drug (toxic), alcohol dependence;
6. certificates of absence of criminal records;
7. written consent of close relatives for the adoption of the child;
8. at least 3 letters of recommendation from friends or neighbors;
9. a document confirming the availability of housing;
10. certificates of personal moral qualities of potential parents, issued by specially authorized foreign state bodies and organizations for adoption;
11. a document issued by the competent authority of the receiving state, confirming the right to adopt the child;
12. permission to enter the adopted child from the Republic of Kazakhstan to the receiving state;
13. commitments:

• on registration of an adopted child in the Ministry of Foreign Affairs of the Republic of Kazakhstan;
• on the preservation of the citizenship of the Republic of Kazakhstan for the adopted child and his/her being registered with an overseas institution of the Republic of Kazakhstan up to the age of 18;
• on the appointment of guardians in the event of unforeseen circumstances.

Adoption of the child requires the consent of his parents, if they are not deprived of parental rights. In the case of adoption of a child of minor parents under the age of 16, the consent of the legal representatives is also required. In the absence of legal representatives of minor parents or in the event that a child is exposed by minor parents in a medical organization at birth and no one is interested in his/her fate for more than 3 months, the consent of the body exercising the guardianship or custody functions is necessary.

The consent of the child's parents for his/her adoption is not required in cases when they are:

1. unknown or declared by court to be deceased, recognized as missing;
2. recognized by the court as incapable;
3. are deprived of the parental rights by the court;
4. do not live with the child and evade upbringing and maintenance for more than six months for reasons recognized by the court as disrespectful. 

According to the Marriage (Matrimony) and Family, children are subject to adoption whose only or both parents have:

• died;
• abandoned the child;
• deprived and not restored in parental rights;
• gave consent to the adoption of the child to relatives, persons married to the mother or father of the adopted child (children);
• recognized as legally incompetent, missing or declared dead;
• are unknown.

It possible to adopt only underage children, whose birth is registered properly. It is also worth remembering that adoption can be carried out only in their interests, taking into account the opportunities to ensure the full physical, mental, spiritual and moral development of the child. This takes into account the age, maturity and consent of the child for adoption.

In this case, if the parents refused the child, the relatives can adopt him regardless of their citizenship and place of residence.

Different families can not adopt brothers or sisters. In this case, adoption is possible only if the children do not know about their relationship, did not live and were not brought up together.

In 2017, a Republican Data Bank of orphans, children left without parental care and persons wishing to foster children in their families (hereinafter referred to as the Data Bank) was established.

The Data Bank contains information about every child left without parental care and information about persons willing to accept orphans and children left without parental care into their families. Orphans and children left without parental care are placed through the database.

According to the Code it is possible to keep his/her data for the adopted child. At the request of the adopter, the child can be given a surname and name, and patronymic is identified by the name of the adopter or, if the applicant is a woman, according to her father's name.

If the child has reached 10 years, his/her data (surname, name, patronymic) can only be changed with the permission of the child.

To keep the adoption secret you can change the date of birth of the adopted child, but not more than 6 months, and also the place of his birth. This is possible only with the adoption of a child under the age of 3 years. Place of birth can be chosen only within the RK, and can be changed at any age. Changes in the surname, name, patronymic of the child, the place of birth of the child and other data are reflected in the court decision.

According to the Law "On National Registers of Identification Numbers" of the IIN of the adopted child, it is conditionally excluded from the National Register of Individual Identification Numbers after the adoption of the court decision on adoption with the change of information about the adopted child, his personal data. Based on the decision of the court, when changing the date of birth, a new IIN is assigned to the child.

According to the court decision on adoption, registration authorities restore the birth certificate with the formation of a new IIN, or, if the child's personal data does not change, then changes are made to the primary registration record only in the column "information about parents". Changes to the birth certificate are made in exact accordance with the court decision on adoption.

At the same time, the Law of the Republic of Kazakhstan dated 25.11.2019 "On Amendments and Additions to some Legislative acts of the Republic of Kazakhstan on the provision of public services" amended the Code as part of the optimization of public services in the field of civil registration.

Thus, two types were excluded from the 7 types of state registration of acts of civil status: adoption and establishment of paternity.

Now, on the basis of a court decision on the adoption of a child, the registration authority makes changes to the birth certificate, and only one child's birth certificate is issued, which contains the child's personal data and data about his parents.

In this regard, in accordance with Article 177 of the Code, the events and facts of adoption are reflected in the act record of the state registration of birth by making appropriate changes, additions.

In accordance with the Decree of the Government of the Republic of Kazakhstan dated July 10, 2014 No. 787, since 2015, adoptive parents have been paid a one-time monetary payment in connection with the adoption of an orphan child and (or) a child left without parental care, which amounts to 75 MCI.

To receive a one-time cash payment, one of the adoptive parents provides the following documents to the body performing the functions of guardianship and guardianship, at the place of the court decision, on the adoption of a child:

1. application;
2. a copy of the court decision on the adoption of a child that has entered into legal force;
3. a copy of the adoptive parent's identity card;
4. a copy of the agreement on opening a personal account in the name of one of the adoptive parents in a second-tier bank or in an organization licensed by the National Bank of the Republic of Kazakhstan to carry out certain types of banking operations.

When adopting a newborn child, you can also go on Maternity leave with all the corresponding payments.

The right to receive child benefit is confirmed quarterly by submitting a certificate of income.

Persons have the right to apply for the assignment of benefits through the e-government web portal, thesubmission of an application for the assignment of benefits is not required when it is assigned through a proactive service.

With a positive conclusion about the possibility to be candidates for adoptive parents and the adoption of obligations on non-disclosure of the information of the Republican Data Bank, candidates for adopters can view the questionnaires of children for subsequent adoption.

The Republican Data Bank forms a referral to an orphanage for acquaintance and subsequent communication with the child.

According to the available direction it is necessary to personally:

• establish direct contacts with a child (personal acquaintance with the child, his habits, tastes, character traits, walks, games) at least 2 weeks in the place of permanent residence of the child with the observance of the requirements of the regime according to the position of the relevant educational, medical and other organization in the presence of the representative body exercising the functions of guardianship and custody;
• receive detailed information about the child and get acquainted with his documents;
• to confirm in writing the fact of acquaintance with the medical report on the state of the child's health;
• apply to a medical institution for an independent medical examination of the adopted child with the participation of the representative of the educational, medical and other organization in which the child is located;
• in writing to confirm the refusal or further participation in the adoption procedure (to find out what the confirmation form looks like).

After the preparation of all documents, applicants for adopters submit an application with the application of documents to the court.

Bodies performing the functions of guardianship and custody submit to the court the permission to transfer the child for adoption on the basis of the commission's conclusion, indicating information about the personal communication of the adopter with the child.

At court, your personal presence, the presence of the representative of the body exercising the functions of guardianship and custody, and the prosecutor are mandatory.

Take the adopted child from an orphanage, boarding school or other organization, presenting an ID card and the court decision.

Re-registration of documents for a child in the CRO or NJSC State Corporation "Government for Citizens" assignment of IIN.

To submit post adoption reports at least once a year before the child reaches the age of 18 at the place where the court decides on the adoption of the child. Reports should contain information about the living conditions, education, upbringing and the state of health of the adopted child. It is also restricted to prevent inspections by the guardianship and custody body, which will be conducted systematically.