Adoption of a Child in Kazakhstan: Conditions, Documents and Procedure

People usually come to the question of adopting a child after a married couple has undergone a medical examination, received a conclusion on the possibility of being a candidate and encountered an unfamiliar procedure: it is unclear where to submit documents, who gives consent and how the court assesses the interests of the child. A separate category is spouses who want to adopt the wife's child from a previous marriage in order to legally replace the absent father.

The article covers the conditions for adopting a child, the requirements for candidates, the procedure for hearing the case in court, the specifics of placing children from a baby home and a children's home, as well as the list of documents needed at each stage. The issues of secrecy of adoption and the simultaneous placement of several children are addressed separately.

What adoption of a child means and how it differs from guardianship

Adoption and guardianship are different legal institutions, although both are aimed at placing a child left without parental care. In adoption, the same rights and obligations arise between the child and the adoptive parent as between relatives by origin. Guardianship is a temporary form: the guardian cares for the child and represents his or her interests, but does not become a parent.

The main legal consequence of adoption is that the child is treated as one's own. The child acquires the right to the adoptive parent's name, inheritance by operation of law, and the adoptive parent acquires parental rights and obligations, including maintenance and upbringing. Guardianship does not entail such consequences: the child retains a legal link with the biological parents, and the guardian receives only powers of representation and maintenance.

• Adoption creates rights and obligations as between biological parents and children
• Guardianship is temporary in nature and does not replace the parental link
• An adopted child inherits the adoptive parent's property by operation of law
• A guardian represents the child's interests but does not become his or her parent
• Adoption is cancelled only through court, guardianship is terminated on legal grounds
• On adoption, the child loses the legal link with the biological parents

Adoption of a child: who can become an adoptive parent

Only an adult citizen with full legal capacity may adopt a child. The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family sets the threshold at 18 years. The age difference between the adoptive parent and the child is, as a rule, at least 16 years, but the court may reduce it for valid reasons.

The candidate undergoes a medical examination at a healthcare organisation. Persons with tuberculosis, cancer, mental disorders, alcoholism, drug addiction and infections dangerous to the child are not permitted.

The dwelling must meet sanitary and technical standards: a permanent place of residence and sufficient space for the child. The absence of housing or an unsatisfactory condition of the premises is grounds for refusal.

The following cannot adopt: persons deprived of parental rights, persons removed from the duties of a guardian, and former adoptive parents where the adoption was annulled through their fault. A separate obstacle is a criminal record: the law closes adoption to those who have or have had a criminal record for intentional offences against life, health, sexual integrity and morality, as well as for serious and especially serious offences. Adoption is possible only in the absence of such obstacles.

• The candidate must be of full age and fully capable.
• Compliance with health requirements under a medical report.
• Availability of housing suitable for a child to live in.
• No criminal record for offences against the person and sexual integrity, or for serious and especially serious offences.
• No facts of deprivation of parental rights or annulment of adoption.

The medical report and housing documents are submitted in accordance with the established procedure.

Adopting a child through court: how the case is heard

In Kazakhstan, adoption through court is the only way to establish a legal tie between the adopter and the child. The case is heard under special proceedings in accordance with the rules of the Civil Procedure Code of the Republic of Kazakhstan. The application is filed with the court at the child's place of residence or location. The prosecutor and a representative of the guardianship and trusteeship authority must take part.

The guardianship authority submits a conclusion on the possibility of adoption and the child's living conditions, while the prosecutor reports on the lawfulness of the procedure. The court examines the documents and the actual circumstances: whether the adopter is able to provide proper upbringing and maintenance. The applicant's character, housing conditions, income, health and moral qualities are taken into account.

The key issue is the consent of a child able to express it, and the consent of the parents if they are alive and have not been deprived of their rights. If someone does not consent, the court verifies the lawful grounds for adoption without such consent. The court assesses whether the adoption would violate the rights of the child and other persons.

Adoption of a child from an orphanage and a baby home

A child from an orphanage or baby home joins a family through adoption or other forms of placement, but it is adoption that creates rights and duties indistinguishable from blood kinship. The candidate registers with the authority that keeps records of children left without parental care, receives a referral to meet the child and then applies to court. The institution does not decide on transferring the child: it arranges contact and prepares information on the child's health and development.

To adopt a child from an orphanage, the candidate undergoes a medical examination, obtains certificates of no criminal record and of income, confirms housing conditions and completes psychological training. The institution provides the child's documents: birth certificate, medical card, health report, information about the parents and their consent or an act stating that consent is not required. For an infant from a baby home the same papers are needed, but the child's age and the candidate's readiness to provide care are taken into account.

• application for registration as a candidate adopter
• identity document and information on marital status
• conclusion of a medical organisation on the candidate's health
• certificate of income and document on housing conditions
• certificate of no criminal record for offences against the person
• the child's documents: birth certificate, medical card, information about the parents

Adopting a wife's child: adoption without the second parent

Adoption of a spouse's child is arranged in the general procedure, but with one feature: if the biological parent is alive, their notarised consent or a declaration directly in court is required. If the second parent has died, is recognised as missing, incapable or deprived of parental rights, consent is not sought, and the wife's child may be adopted single-handedly.

The consent of a child under ten is not required; from the age of ten the court ascertains their opinion and takes it into account if this does not contradict their interests. The application is filed with the court at the child's place of residence, and the case is heard with the participation of the guardianship and trusteeship authority and the prosecutor. Documents on identity, marriage, income and housing conditions, as well as a conclusion on living conditions, are attached to the application.

• the application for adoption is filed with the court at the child's place of residence
• documents on identity, marriage, income and housing are attached to the application
• the consent of a living biological parent is required if they have not been deprived of their rights
• the guardianship and trusteeship authority submits a conclusion on living conditions
• from the age of ten the court ascertains the child's opinion
• when adopting a spouse's child, no age difference with the adopter is required

The court assesses not a formal set of papers, but whether a particular adult can provide the child with stable care, so the collection of documents and preparation for the hearing should be treated as the main part of the work.

Adopting an infant from a maternity hospital or a baby home: what to consider

Adoption of an infant follows the general rules of the Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family, but has its specifics: information about children without parental care is collected in the regional data bank, and the referral for introduction is issued by the guardianship authority at the child's location. The key document is the mother's consent to adoption: it is given only after the child's birth, is certified by a notary, the head of the organisation where the child is placed, or the guardianship and curatorship authority, and may be withdrawn before the court decision is issued. Without such consent, a newborn may be adopted only after a court decision on deprivation of the mother's parental rights enters into force.

From a maternity hospital, the child is handed over when the mother has given consent to adoption and the child's health allows transfer to a family. From a baby home — after measures to place the child with relatives have been exhausted and information has been entered into the data bank; the law reserves the priority right to introduction and to filing an application for citizens of the Republic of Kazakhstan permanently residing in the country. Candidates undergo a medical examination, a housing conditions check and receive a conclusion on the possibility of being adopters.

• the mother's consent to adoption is given after the child's birth and may be withdrawn before the court decision — the timing of the transfer depends on this
• in a baby home, the child is under the supervision of the guardianship authority, which prepares a conclusion on the child's placement
• the infant's medical record may not contain complete information on heredity, so request the available documents
• the secrecy of adoption is protected by law, and its disclosure entails liability
• when brothers and sisters are adopted by different persons, their interests must be respected
• the guardianship authority's supervision of the family continues after the court decision enters into force

How to adopt an orphan child and a child from a baby home: step-by-step procedure

Adoption begins with registration of candidates on the regional register with the guardianship and curatorship authorities at the place of residence: an application with documents is filed, a specialist examines the housing conditions and draws up a report. Registration gives the right to select a child in the databases.

The child may be in a baby home, a children's home or a boarding institution. The candidate receives a referral for introduction and the child's personal file; if both parties agree, written consent to adoption is drawn up. A medical report on the child's health is provided upon request.

The final stage is filing an application with the court at the child's location or at the applicant's place of residence. The court hears the case with the participation of the prosecutor and the guardianship authority, examines the evidence and issues a decision. The decision enters into force after the appeal period, followed by a civil status record and a new birth certificate.

The procedure is handled within the law firm: a dedicated lawyer prepares the documents, liaises with the guardianship authority and represents interests in court.

• an application for registration and identity documents;
• an income statement and an address certificate with a document on housing conditions;
• a medical report on the candidate's state of health;
• a certificate on the presence or absence of a criminal record;
• a document on housing conditions and family status;
• a CV and written consent of the spouse, if any.

The list of documents may be clarified by the guardianship authority; review periods depend on the specific circumstances.

Package of documents for child adoption: list and collection

An application expressing the wish to adopt a child is submitted to the guardianship and trusteeship authority at the place of residence of the prospective adopter. It sets out information about the applicant, about the child and the circumstances on the basis of which the person may adopt the child. The application form and the list of attachments are approved by the authorised body in the field of protection of children's rights, so it is more convenient to fill in the form obtained from the guardianship authority.

The application is accompanied by documents confirming identity and marital status: an identity card, a marriage certificate, and in its absence — a document on marital status. A certificate of income and a document confirming the right to use the housing or the right of ownership of it are submitted separately. A medical certificate of the adopter's state of health in the established form is also required.

• application expressing the wish to adopt a child in the established form
• identity card and document confirming marital status
• proof of income for the period preceding the application
• document confirming the right to use or own the housing
• medical report on the health of the adoptive parent
• conclusion of the guardianship and trusteeship authority on the possibility of being an adoptive parent

Adoption of a child: is there a difference between a girl and a boy in the procedure

The child's sex does not change the adoption procedure: the requirements for candidates, the documents, the timeframes and the court procedure are the same. The legislation of the Republic of Kazakhstan does not establish separate rules for the adoption of a girl or a boy — what matters is the interests of the child, not the child's sex.

The difference shows in the matching: a candidate may state the desired sex, and the authority that keeps records of children left without parental care tries to take this into account. The interests of the child always come first: if there is no suitable candidate with other preferences, preference is given to someone ready to adopt rather than to wait for a child of a particular sex.

Special considerations are possible when adopting brothers and sisters who are placed in one family. If a candidate states only one sex, while there are brothers and sisters of different sexes on the register, the authority suggests considering them together — breaking family ties is undesirable. In some cases, an older child expresses an opinion that the court takes into account.

• The candidate files an application to be registered with the authority that keeps records of children left without parental care.
• The application may state the desired sex and age of the child, but the final matching is carried out in the interests of the child.
• When meeting the child and obtaining a referral for adoption, the opinion of a child who has reached the age at which this matters is taken into account.
• Documents of the candidate: identity card, proof of income, housing, health, and absence of a criminal record.
• The application for adoption is considered by the court in special proceedings with the participation of the guardianship authority.
• After the court decision, the civil status record is made at the civil registry office, and the child's details are changed if necessary.

Adoption of a child: specifics of placing several children at the same time

Separate adoption of brothers and sisters is not permitted under the family legislation of Kazakhstan unless there are grounds to believe that placing them together contradicts their interests. Such grounds are confirmed by a conclusion of the guardianship and trusteeship authority: a serious health condition of one of the children, the need for special care, a long separation, or the absence of attachment. Without these circumstances, the adoptive parents take all brothers and sisters into the family at the same time, which the court verifies.

Joint adoption by spouses is made by a single application and requires the consent of both. If one of the spouses cannot be an adoptive parent by law, the other may adopt the child alone, but the consent of the second spouse is still required.

• conclusion on the possibility of being adoptive parents;
• marriage document in the case of joint adoption;
• consent of the second spouse if only one is adopting;
• information on the family ties between the children;
• conclusion of the guardianship and trusteeship authority on the possibility of placing them together;
• written consent of the children who have reached the age at which it is required by law.

Is the secrecy of adoption preserved and how is it protected

The secrecy of adoption is protected by law: information about the adoption and details of the biological parents are classified as a secret protected by law. The judge, officials of the guardianship authority and other persons who become aware of it are obliged to keep it. Disclosure is possible only with the consent of the adoptive parents and in cases expressly provided for by law.

Liability, up to criminal liability, is established for disclosure against the will of the adoptive parents. Persons who learn the secret in the course of their service or work are warned that disclosure is not permitted. If the secret is disclosed, the adoptive parents have the right to demand protection of their family rights and compensation for harm.

Confidentiality is also ensured procedurally: the application is considered in a closed hearing, and the participants are warned to keep the secret. The child's documents do not reflect information about the adoption, and at the request of the adoptive parents the child's place of birth, the record of the father and mother and — within the limits established by law — the date of birth may be changed.

To adopt a child from a baby home or another institution and keep the secret, it is important to take care of protecting the information in advance.

• consideration of the case in a closed court hearing
• warning to the participants in the proceedings not to disclose
• change of the civil status record and birth details at the request of the adoptive parents
• prohibition on communicating information about the adoption without the consent of the adoptive parents
• liability of persons who disclosed the secret against the will of the adoptive parents