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 has been recognized by the court as incapacitated or limitedly capable;
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 conviction for committing an intentional crime at the time of adoption (obtain a certificate of absence of a criminal record online);
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 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.
At the same time, it is worthwhile to know that a couple must necessarily marry, in order to bring up one child. A couple can not adopt one child, being not married.
Do not forget also about the age difference. The difference in age between the adopter and the adopted child must be at least 16 years. For reasons recognized by the court as valid, the age difference can be reduced.
When adopting a child by one of the spouses, the written consent of the other spouse for adoption is required if the child is not adopted by both spouses. At the same time, if the spouses have actually ceased family relationships or have lived separately for more than 1 year, permission is not required.
*A list of diseases in which a person can not adopt a child, take him into custody or guardianship, and foster care:
- Acquired Immune Deficiency Syndrome (AIDS) and infection with human immunodeficiency virus (HIV).
- Mental diseases, ICD 10 F00-F79 codes, other than neurotic, stress-related and somatoform disorders, ICD 10 F40-F48 codes.
- Alcoholism, drug addiction, substance abuse.
- Tuberculosis (chronic with bacterial excretion, first detected, with bacilli (until the moment of abacilation).
- Diseases transmitted predominantly through sexual intercourse (not healed syphilis, not healed gonorrhea, not healed urogenital chlamydia).
- Leprosy, ICD 10 A30.0-A30.9 codes.
- Severe diseases of connective tissue disorganization (systemic lupus erythematosus, scleroderma, dermatomyositis).
- Heavy dermatosis with violation of keratinization (severe forms of ichthyosis, ichthyosiform erythroderma, arthropathic psoriasis).
- Severe chronic bullous dermatoses (acantholytic pemphigus, pemphigoid, ichthyosiform skin lesions, bullous epidermolysis).
- Diseases that led to the need for constant external help and care based on medical advice.