Adoption is the lеgal form of transferring a child to be raised in a family on the basis of a court decision, as a result of which personal non-property and property rights and obligations equal to the rights and duties of relatives by origin. Find out more about the procedure and conditions for adoption in the Republic of Kazakhstan.

Foster care is a form of upbringing in which orphans, children left without parental care, are transferred to foster care in families under a contract concluded by the body that carries out the functions of guardianship or trusteeship and a person who has expressed a desire to take the child(children) for upbringing.

Guardianship is a legal form of protection of the rights and interests of children under the age of 14 and those recognized as legally incompetent by the court.

Trusteeship is a legal form of protection of the rights and interests of a child (children) aged between 14 and 18 years, as well as adults who are restricted by the court due to abuse of alcoholic beverages or narcotic drugs.

Thus, depending on the situation, it is necessary to understand that if you want to take the child into the family and bear full responsibility for him/her, as if the child were blood relatives, protect his/her rights and be ready to acquire their property rights in the future, then it's worth stopping on adoption. At the same time, you also incur all expenses.

Relations with the child in this case are regulated by an agreement with the guardianship and trusteeship authority, and patronage is carried out on a reimbursable basis and for a certain period. The main difference between guardianship and trusteeship from adoption are aspects of disability and age. In other words, it is help to those who by virtue of their age or health can not live on their own, protect their rights and dispose of property.

If you think it is more acceptable to raise a child without gaining kinship and property rights, then in this case it is necessary to choose foster care. Relations with the child in this case are regulated by an agreement with the guardianship and trusteeship authority, and foster care is carried out on a reimbursable basis and for a certain period. At the same time, you are not obliged to support the child at your own expense; moreover, you will also be paid salaries.

Foster care of children is suitable for many couples and families. Foster care enables the child to be brought up in a warm family atmosphere, and foster caregivers take care of the child and nurture in him better human qualities. It is not uncommon to adopt children under foster care for couples who do not have children, or whose children have already grown up and live an independent life. Foster care is also a chance to fulfill a social duty, helping to grow one child in a favorable family environment.

The main advantage of the foster care is that the child, getting to the family environment, receives a full-fledged care and attention, acquires the experience of living in the family, the skills of independent living. This form makes it quite possible to plan the future fate of many children deprived of parental care. The main goal of this form is the socialization of the child, the acquisition of the experience of living in the family.

Orphans and children left without parental care, especially need the maintenance, upbringing and protection of their rights and interests. It is for this purpose that guardianship, trusteeship and foster care are established. And if guardianship and trusteeship mean more protection of property and non-property rights and interests, foster care education implies greater involvement in the upbringing of the child.

Guardianship or trusteeship in the form of foater care is established over minor orphans, children left without parental care, including those who are in the organization of education, medical or other organization.

Thus, you can become a foster parent:

• for a child: orphan or left without parental care.

You can become a foster parent of an orphan or a child left without parental care, who is in a hospital, an orphanage, a shelter or other organization and is registered with the guardianship and trusteeship authorities.

The child's desire to adopt him for foster care will be taken into account when he attains the age of 10 years.

Only adult persons of both sexes, who meet the qualification requirements for the positions of pedagogical workers, are foster caregivers, with the exception of:

1) persons recognized by the court as incapacitated or limitedly capable;

2) persons deprived by the court of parental rights or limited by the court in parental rights;

3) 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;

4) the former adoptive parents, if the adoption is revoked by the court on their fault;

5) persons who, due to their state of health, cannot fulfill the duties of a guardian or trustee;

6) persons who do not have a permanent place of residence;

7) persons who have a conviction that has not been canceled or not canceled for committing an intentional crime at the time of establishing custody (guardianship), as well as the persons referred to in subparagraph 12) of this paragraph;

8) stateless persons;

9) male persons 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;

10) persons who, at the time of establishing custody or guardianship, do not have income that provides the subsistence minimum wage established by the legislation of the Republic of Kazakhstan;

11) persons who are registered in the narcological or psycho-neurological dispensaries;

12) persons who have or have been convicted, subjected to or subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on the basis of subparagraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses: murder, deliberate harm to health, against health of the population and morality, sexual inviolability, for extremist or terrorist crimes, human trafficking;

13) citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who have not undergone psychological training in the manner prescribed by paragraph 4 of article 91 of the Code on marriage and matrimony (with the exception of close relatives of the child).

Unlike the guardian/trustee, the foster parent receives a salary in addition to the payments intended for the child. A child who is in foster care, retains the right to receive alimony from the parents, and in case of their death - survivor's pensions and other social payments. He also has the right to benefits provided for the appropriate category (disabled child, orphan child or child left without parental care), such as free travel in public transport, meals at school, summer vacation. In addition, the child caregiver is paid money to support the child, from the date of making a decision on the appointment of funds on the basis of the conclusion between the foster caregiver and the guardianship and trusteeship authority of the Model Agreement on the transfer of the child (children) to foster care. For foster carers, produced monthly in the following sizes for one child of preschool age — 9 MCI, for one child of school age — 10 MCI.

Guardians or trustees, foster caregivers can not claim property of wards, their alimony, pensions, allowances and other social payments provided for maintenance of wards. They can spend them only on the upbringing and maintenance of children. For example, to purchase a computer, a musical instrument or something else that will benefit the child's development.

1. The presence of pedagogical education (in the absence of appropriate education, but a great desire, the authority can consider your candidacy, focusing on personal qualities).
2. The acceptance of the application and the issuance of the result of the provision of public services are carried out through the web portal of “electronic government” www.egov.kz (hereinafter - the portal).

Required documents:

• a statement about the desire to become a foster carer and the appointment of funds in the form;
• an electronic copy of the notarized consent of the spouse (s), if the service recipient is married;
• an electronic copy of the certificate of marriage, if married, in case of marriage before 2008 or outside the Republic of Kazakhstan;
• an electronic copy of documents confirming the right to use the housing of the service recipient and (or) spouse (s) (in the absence of ownership of the housing);
• certificate of spouse’s health, if a person who wants to be a foster carer is married, including mentally, about the absence of drug, toxic, alcohol dependence;
• electronic copy of educational information;
• information about the absence (presence) of a criminal record from a person who wants to take the child (s) for foster care, as well as the spouse, if the person who wants to be a foster carer is married;
• an electronic copy of the certificate on the education of the child (children) in the organization of education (for schoolchildren);
• an electronic copy of the opinion of the child (children) (upon reaching the age of ten);
• an electronic copy of the certificate of completion of training for persons wishing to adopt orphans and children left without parental care into a family (from July 1, 2020);
• an electronic copy of the agreement on opening a current account in a second-tier bank.

1. The guardianship and trusteeship authority conducts a survey of the housing and living conditions of a person who applies to raise a child, following which a record is being prepared.
2. In case of a decision to refuse, the guardianship authority in writing provides a reasoned response to the person who expressed the desire to take the child for foster care, and returns the documents to him.
3. Preliminary selection of the child for transfer to foster care in coordination with the body and administration of the organization in which the child is held.
4. The conclusion of a contract between a foster parent and the guardianship and trusteeship authority. Decision of the body on the basis of the contract on the transfer of the child to foster care.

The contract provides:

• conditions of detention, upbringing and education of the child/children;
• rights and duties of foster caregivers;
• responsibilities of the authority in relation to foster care;
• reasons and consequences of termination of the contract.

5. Transfer of children to foster care. Provision of mandatory documents:
   • birth certificate of a child (children);
   • medical documentation, inoculation;
   • education document;
   • copies of death certificate, verdict or decision of the court, certificate of illness or the search for the parents and other documents confirming the loss of parental care by the child (children);
   • information on the presence and whereabouts of brothers and sisters;
   • inventory of the property belonging to the child/children and information about the persons responsible for its safety;
   • document confirming the possession of living quarters by the child/children;
   • other documents available in the personal file of the child/children.
6. Care of the child, upbringing and education of the entrusted child. Provision of semi-annual reporting to the guardianship and trusteeship authority on the health status of the ward and on the work for his/her upbringing.