According to Article 84 of the Code, children are to be adopted whose only or both parents:

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

It possible to adopt only underage children, whose birth is registered properly. It is also worth remembering that adoption can be carried out only in their interests, taking into account the opportunities to ensure the full physical, mental, spiritual and moral development of the child. This takes into account the age, maturity and consent of the child for adoption.

In this case, if the parents refused the child, the relatives can adopt him regardless of their citizenship and place of residence.

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

In Kazakhstan the Republican databank of data on orphans, children left without parental care, and persons wishing to adopt children for upbringing in their families (hereinafter - the Republican Data Bank) is functioned.

The website of the Committee for the Protection of Children's Rights of the Ministry of Education and Science of the Republic of Kazakhstan contains derivative information on orphans and children left without parental care, who are brought up in organizations for orphans and children left without parental care.

Information on sex, age, state of health, characteristics of the nature, the reasons for the absence of parental care, the presence of brothers and sisters, adult relatives, as well as the possible forms of placement for upbringing in the child's home, include information on orphans, children left without parental care. family and children's photos contained in the Republican Data Bank.

The objectives of the formation and use of the Republican Data Bank are:

1. Accounting of children subject to placement in the family (adoption, guardianship, foster care, foster family);
2. Providing access to non-confidential information about orphans and children left without parental care in organizations for children of this category for the purpose of their placement in families;
3. Reducing the number of orphans and children left without parental care in the care of the state in organizations for children of this category through the placement in families of Kazakh citizens through the possible arrangements of children in the family (adoption, guardianship, foster care, foster family);
4. Promoting the increase of the legal literacy of the citizens of the Republic of Kazakhstan in the protection of children's rights, the placement of the child in the family;
5. Propaganda of high family values of citizens of the Republic of Kazakhstan, aimed at fostering citizens' patriotism, high level of social responsibility, moral norms and a positive-active moral society.

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.

Citizens submit to the body exercising the functions of guardianship and trusteeship at the place of their residence or through the Republican Data Bank of orphans, children left without parental care, and persons wishing to adopt children for raising in their families (hereinafter - the Republican Data Bank) a written statement of the desire to adopt children (in an arbitrary form) with the following documents:

1. copies of the identity document;
2. a written consent of close relatives for the adoption of the child (in an arbitrary form);
3. information on the amount of the aggregate income (certificate of wages from the place of employment, income from engaging in entrepreneurial activities and other incomes of all cohabiting family members);
4. certificates of marital status (a copy of the certificate of marriage (divorce), copies of birth certificates of children (if there are children);
5. a certificate on the state of health of citizens, confirming the absence of diseases in accordance with subparagraph 6) of part 1 of Article 91 of the Code, as well as certificates on the lack of information on the state of registration in the narcological and psychiatric dispensaries;
6. a certificate of availability or lack of information on the records of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan on the commission of a criminal offense by a person;
7. copies of the document confirming the ownership of the housing or the right to use the housing;
8. an electronic copy of the certificate of completion of the training of persons wishing to adopt orphans and children without parental care (with the exception of close relatives of the child) into foster care (from July 1, 2020).

Do not forget about the consent of the legal representatives of the child. Adoption of the child requires the consent of his parents, if they are not deprived of parental rights. When adopting a child of minor parents who have not attained the age of 16, the consent of legal representatives is also required. In the absence of legal representatives of minor parents or in the event that a child is exposed by minor parents in a medical organization at birth and no one is interested in his/her fate for more than 3 months, the consent of the body exercising the guardianship or trusteeship functions is necessary.

The consent of the child's parents for his/her adoption is not required in cases when they are:

1) unknown or declared by court to be deceased, recognized as missing;

2) recognized by the court as incapable;

3) are deprived of the parental rights by the court;

4) do not live with the child and evade his upbringing and maintenance for more than six months for reasons recognized by the court as disrespectful. The court can not demand other documents confirming the parents' consent if the mother wrote a refusal from the child in the hospital.

According to Article 97 of the Code it is possible to keep his/her data for the adopted child. At the request of the adopter, the child can be given a surname and name, and patronymic is identified by the name of the adopter or, if the applicant is a woman, according to her father's name.

If the child has reached 10 years, his/her data (surname, name, patronymic) can only be changed with the permission of the child.

To keep the adoption secret you can change the date of birth of the adopted child, but not more than 6 months, and also the place of his birth. This is possible only with the adoption of a child under the age of 3 years. Place of birth can be chosen only within the RK, and can be changed at any age. Changes in the surname, name, patronymic of the child, the place of birth of the child and other data are reflected in the court decision.

According to the article "On National Registers of Identification Numbers" of the IIN of the adopted child, it is conditionally excluded from the National Register of Individual Identification Numbers after the adoption of the court decision on adoption with the change of information about the adopted child, his personal data. Based on the decision of the court, when changing the date of birth, a new IIN is assigned to the child.

According to Article 4 of the Law "On State Benefits for Families with Children", families with children born, adopted, and also taken into custody (guardianship) of children are entitled to receive:

• birth allowance (if the child is a newborn);
• care allowance in cases where:

- the person who cares for the child is not a participant in the compulsory social insurance system;

- the person who cares for the child born before January 1, 2008, is a participant in the compulsory social insurance system;

- benefits for children in cases when the average per capita income of a family is lower than the cost of a food basket;

- benefits for the person who is raising a disabled child.

In accordance with the Decree of the Government of the Republic of Kazakhstan of July 10, 2014, No. 787, from the year 2015, the adoptive parents are paid a lump sum payment in connection with the adoption of an orphan and/or a child left without parental care, it is 75 MCI.

To receive a lump sum payment, one of the adoptive parents provides the following documents to the body exercising the functions of guardianship and trusteeship at the place where the court decision is passed, on the adoption of the child:

1. application;
2. a copy of the court decision on the adoption of the child who entered into legal force;
3. a copy of the identity card of the adopter;
4. a copy of the agreement on opening a personal account in the name of one of the adopters in a second-tier bank or in an organization licensed by the National Bank of the Republic of Kazakhstan for certain types of banking operations.

When adopting a newborn child, you can also to go on Maternity Leave with all the relevant payments.

The right to receive the Child Benefit is confirmed on a quarterly basis by a certificate of income.

Submission of the application and necessary documents to the body exercising the functions of guardianship and trusteeship or trusteeship, or through the Republican data bank by introducing data on the web portal: www. rbd-kopd.kz.

Registration in the Republican Data Bank.

Registration of persons wishing to adopt children in the Republican Data Bank.

With a positive conclusion about the possibility (impossibility) to be candidates for adoptive parents and the adoption of obligations on non-disclosure of the information of the Republican Data Bank, candidates for adopters can view the questionnaires of children for subsequent adoption.

The Republican Data Bank forms a referral to an orphanage for acquaintance and subsequent communication with the child.

According to the available direction it is necessary to personally:

- establish direct contacts with a child (personal acquaintance with the child, his habits, tastes, character traits, walks, games) at least 2 weeks in the place of permanent residence of the child with the observance of the requirements of the regime according to the position of the relevant educational, medical and other organization in the presence of the representative body exercising the functions of guardianship and trusteeship;

- receive detailed information about the child and get acquainted with his documents;

- to confirm in writing the fact of acquaintance with the medical report on the state of the child's health;

- apply to a medical institution for an independent medical examination of the adopted child with the participation of the representative of the educational, medical and other organization in which the child is located;

- in writing to confirm the refusal or further participation in the adoption procedure (to find out what the confirmation form looks like).

After the preparation of all documents, applicants for adopters submit an application with the application of documents to the court.

The bodies exercising the functions of guardianship and trusteeship submits to the court the permission to transfer the child for adoption on the basis of the commission's conclusion, indicating information about the personal communication of the adopter with the child.

At the court, your personal presence, the presence of the representative of the body exercising the functions of guardianship and trusteeship and the prosecutor are mandatory.

Take the adopted child from an orphanage, boarding school or other organization, presenting a document proving the identity and the court decision.

Re-registration of documents for a child in the Vital Records departments​ or NJSC State Corporation "Government for Citizens" assignment of IIN.

To submit post-adoption reports at least once a year before the child reaches the age of 18 at the place where the court decides on the adoption of the child. Reports should contain information about the living conditions, education, upbringing and the state of health of the adopted child. It is also restricted to prevent inspections by the guardianship and trusteeship body, which will be conducted systematically.