New Adoption Rules Announced in Kazakhstan

In the Republic of Kazakhstan, the requirements for adoption candidates and their cohabitation environment have been significantly tightened. The new regulatory rules, approved by Government Decree No. 165, have officially entered into force, 24Kz reports.

According to the newly introduced amendments, several key legal requirements have been established to regulate the process of placing orphaned children and children left without parental care into families:

Priority of Close Relatives: The child’s grandparents, siblings, aunts, uncles, and other close relatives hold the primary right of priority during adoption. This norm applies regardless of whether they reside outside the Republic of Kazakhstan or hold citizenship of another state.

Legal Marriage Status: In cases where a child has no close relatives, preference is given exclusively to individuals in a legally registered marriage. Individuals living in a common-law marriage (de facto cohabitation) are legally prohibited from jointly adopting the same child.

Comprehensive Screening of Cohabitants: The health status, income level, presence or absence of a criminal record, and psychological readiness will now be mandatorily verified not only for the applicant but also for all family members and other individuals residing in the same household.

Housing Space Standard: A strict restriction has been established requiring that after the adoption, the housing space must amount to at least 15 square meters per family member.

Molecular Genetic Performance: If a man establishes paternity over a child and his legal spouse subsequently applies to adopt that child, a DNA test confirming paternity must be included in the documentation package.

According to representatives of the legal community, these amendments were adopted due to an increase in cases where third parties residing with the adopter violated the child's rights and legitimate interests or committed abuse against them. The new legislative corrections are designed to ensure a higher level of safety for minors.

According to official statistics, there are currently more than 20,000 orphans and children left without parental care registered in Kazakhstan. Approximately 80% of them are placed in family-based care arrangements (adoption, guardianship, foster care, or a foster family). The remaining children are raised in specialized state institutions, such as child support centers, centers for the adaptation of minors, and infant homes. The phased tightening of requirements for adoptive parents began earlier under the directive of the Head of State.