Pursuant to Article 84 of the Code, the following children are subject to adoption if one or both of their parents:

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

Only minor children whose birth is properly registered can be adopted. It should be highlighted that adoption can be carried out only in the interests of a child and an adoption family should ensure the full physical, mental, spiritual and moral development of a child. Also, the age, degree of maturity and consent of a child for adoption are taken into account.

Thus, if the parents abandoned a child, relatives can adopt him/her regardless of their citizenship and place of residence.

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

The Republic of Kazakhstan has introduced a Republican Data Bank of orphans, children left without parental care and persons willing to adopt children into their families (hereinafter: Republican Data Bank).

The objectives of the Republican Data Bank introduction and use are as follows:

1. Registration of children subject to be placed in a family (adoption, guardianship, foster care, foster family);
2. Ensuring access to non-confidential information about orphaned children and children left without parental care placed in relevant organizations in order to find them families;
3. Reduction of number of orphans and children left without parental care, who are in the care of the state in relevant organizations through placement them in families of Kazakhstani citizens based on available options (adoption, guardianship, foster care, foster family);
4. Contributing to improvement of legal literacy of citizens of the Republic of Kazakhstan in the field of protection of children's rights and placement of a child in a family;
5. Promotion of high family values of citizens of the Republic of Kazakhstan aimed at fostering patriotism of citizens, a high level of social responsibility, moral norms and a positively active moral society.

It is allowed to adopt a child if an adoptive parent is able to ensure conditions for normal physical, mental, spiritual and moral development, upbringing and education of a child. Adults can become adoptive parents, except for the individuals listed below.

The following categories cannot adopt a child in Kazakhstan:

1. individuals recognized by court as legally incompetent or with limited legal capacity;
2. spouses, one of whom is recognized by court as legally incompetent or with limited legal capacity;
3. individuals deprived by the court of parental rights or restricted by the court in parental rights;
4. individuals relieved from the duties of a guardian or trustee for improper performance of the duties assigned to them by the laws of the Republic of Kazakhstan;
5. former adoptive parents, if the adoption was canceled by the court due to their fault;
6. individuals who, for health reasons, cannot exercise parental rights*;
7. individuals who do not have a permanent place of residence;
8. individuals who adhere to non-traditional sexual orientation;
9. individuals who have an outstanding criminal record for committing an intentional crime at the time of adoption (get a certificate of no criminal record online);
10. stateless individuals;
11. males who are not in a registered marriage, except for cases of actual upbringing of a child for at least three years due to the death of a mother or her deprivation of parental rights;
12. individuals who at the time of adoption do not have income that will ensure a subsistence rate established by the legislation of the Republic of Kazakhstan;
13.  individuals registered in narcological or neuropsychiatric dispensaries.
14. individuals who have or have had a criminal record and have been subjected to criminal prosecution (except for individuals whose criminal prosecution was terminated on the basis of subclauses 1) and 2) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses: murder, intentional injury to health, crime against public health and morality, sexual integrity, 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 in accordance with Clause 4 of the Article (except for close relatives of a child).

Persons who are not married to each other cannot jointly adopt the same child.

Also, do not forget about the age difference. The age difference between an adoptive parent and an adopted child should be at least 16 years. For reasons recognized by the court as valid, the age difference may be reduced.

An authority performing the functions of guardianship or custodianship (hereinafter: authority) issues a permit for transfer of children for adoption based on a statement made by a commission (hereinafter: commission).

To adopt a child from organizations for orphans and children left without parental care, it is necessary to register as an individual willing to adopt children.

Pursuant to Clause 2 of Article 89 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" and subclause 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", rules have been developed and procedure established for individuals who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan and willing to adopt orphans, children, left without parental care (hereinafter: service recipients) (approved by the Order of the Ministry of Education and Science of the Republic of Kazakhstan as of June 29, 2016 No. 407).

Registration of citizens is carried out by the departments of education in cities of republican significance and the capital, departments of education of districts, cities of regional significance (hereinafter: service provider) at the place of residence of citizens.

To get the public service, a service recipient needs to submit an application for registration of individuals willing to adopt children (in any form) with attachment of documents provided for in the list of basic requirements for delivery of the public service called "Registration of persons willing to adopt children" to a service provider through the e-Government Portal (hereinafter: Portal) .

The list of documents and information requested from a service recipient for public service provision:

1. an application for registration of individuals willing to adopt children in the form of an electronic document signed by a service recipient's digital signature or certified with a one-time password, when registering and connecting a service recipient's subscriber number provided to the portal account;
2. an electronic copy of written consent of close relatives for adoption of a child;
3. an electronic copy of statement of total income (income statement from the place of work, statement of income from entrepreneurial activity and other income of a service recipient and spouse, if married);
4. an electronic copy of health certificate for a service recipient and spouse, if married, confirming absence of diseases stated in the list approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan as of August 28, 2015 No. 692 "On approval of the list of diseases in the presence of which a person cannot adopt a child, take a child under guardianship or custodianship, foster care" (hereinafter: Order No. 692) (registered in the Register of State Registration of regulatory legal Acts of the Republic of Kazakhstan under No. 12127), as well as certificates of absence of registration at narcological and psychiatric dispensaries in accordance with the form approved by the Order of the Minister of Health of the Republic of Kazakhstan as of 18 May 2020, No. KR DSM-49/2020 "On Some Issues of Public Health Services Provision" (registered in the Register of State Registration of regulatory legal acts of the Republic of Kazakhstan under No. 20665) (hereinafter: Order No. KR DSM-49/2020);
5. an electronic copy of a document confirming the right to use the housing of a service recipient and (or) spouse(s) (in the absence of ownership right for housing);
6. an electronic copy of a certificate of psychological training of individuals willing to adopt orphaned children and children left without parental care.

On the day of an application receipt, a service provider accepts and registers it (if an applicant applies beyond working hours, on weekends or holidays, according to the labor legislation of the Republic of Kazakhstan, applications are accepted on the next working day).

A service provider checks the completeness of submitted documents within 2 (two) working days from the date of receipt of the documents of a service recipient.

A service provider checks whether a service recipient complies with requirements applied to candidates for becoming adoptive parents. 

Based on the results of examination, a service provider conducts a housing inspection within 3 (three) working days and according to the results of housing and living conditions inspection, draws up an act of housing and living conditions inspection (hereinafter: the act) in accordance with Appendix 2 to these Rules and within 3 (three) working days from the date of drawing up the act prepares statement on possibility (impossibility) of citizens to become adoptive parents.

If a service recipient complies with the requirements of the current legislation, a service provider, within 2 (two) working days from the date of signing a statement, sends a notification of receipt of statement on possibility (impossibility) for becoming adoptive parents to the portal in the form of an electronic document and registers such individuals as candidates for becoming adoptive parents.

After receiving a positive statement on possibility (impossibility) for becoming adoptive parents and acceptance of obligations on non-disclosure of information, a service recipient gets access to information about orphans and children left without parental care subject to adoption, contained in the Republican Data Bank (database containing information about orphans, children left without care parents, as well as persons willing to adopt orphans, children left without parental care for upbringing in their families).

A profile is drawn up for each candidate to become an adoptive parent in the Republican Data Bank.

The Republican Data Bank of individuals willing to adopt children for upbringing in their families is formed based on profiles of individuals willing to adopt children filled-in by individuals and relevant authorities.

One should not forget to get a consent from a child's legal representatives. For the adoption of a child, a consent of his/her parents is required, in case if they are not deprived of parental rights.

Pursuant to Article 97 of the Code, an adopted child may retain his/her name, patronymic (if any) and surname.

At the request of an adoptive parent, an adopted child gets a surname of an adoptive parent, as well as a new name, if this does not contradict the interests of a child. Patronymic of an adopted child is determined based on the name of an adoptive parent, if an adoptive parent is a man, and when a child is adopted by a woman who is not married then based on the name of a person indicated by her as the father of an adopted child in accordance with Article 192 of the Code.

If the surnames of adoptive spouses are different, then an adopted child gets a surname of one of the parents based on agreement between them.

When a child is adopted by a person who is not married, at his/her request, name, patronymic and surname of a father (mother) of an adopted child are recorded in the vital record of birth registration as directed by an adoptive parent. At the request of an adoptive parent, information about a father (mother) may not be indicated.

Surname of a father (mother), indicated at the request of an adoptive parent is assigned based on the surname of an adoptive parent.

The name, patronymic and surname of an adopted child who has reached the age of ten years may be changed only based on his/her consent, except in cases requiring the secrecy of adoption.

Change of name, patronymic and surname of an adopted child is indicated in the court decision on his/her adoption.

Amendments and additions to the official record of state registration of birth are made in any registering authority on the basis of a court decision on adoption that has entered into force and application submitted by a child's legal representatives.

Information about a child and adoptive parents is entered into the vital record of birth registration in accordance with the information specified in the court decision.

Pursuant to Article 4 of the Law "On State Benefits for Families with Children", families with their own children, adopted children, as well as children taken under guardianship (custodianship) have the right to receive:

• birth allowances (if a child is a newborn);
• care allowances in cases when:

- individuals caring for a child are not participants of the mandatory social insurance system;

- an individual caring for a child born before January 1, 2008 is a participant in the mandatory social insurance system;

- child allowances in cases when an average per capita income of a family is lower than the cost of a food basket;

- benefits for raising a disabled child.

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

In order to get a one-time payment, one of the adoptive parents should submit the following documents to a body performing the functions of guardianship and custodianship at the place where a court decision on a child adoption was made:

1. application;
2. copy of court decision on adoption of a child that has entered into legal force;
3. copy of an adoptive parent's ID card;
4. copy of an agreement on establishing 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, one can also have a maternity leave with all the relevant payments.

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