Can foreigners adopt children in Kazakhstan

Tengrinews.kz - Adoption gives children a chance to find a family and a home, while allowing adults to fulfill their desire to become parents. It is an important step that requires thorough preparation. Here’s what documents prospective adoptive parents need to gather and who is ineligible for this role.

Life situations vary. Some children become orphans even with living parents who have had their rights revoked, while others lose their parents due to tragic circumstances. Some mothers also abandon their newborns at the hospital.

"Children who have been abandoned by their parents are placed in children’s homes and added to the Republican database for placement with Kazakhstani families under guardianship, custodianship, foster care, or adoption," reported the Ministry of Education.

How many children are adopted in Kazakhstan each year

We initially directed this question to the Ministry of Healthcare, but were advised to redirect it to the Ministry of Education.

"In the past five years, 1,149 children have been adopted by Kazakhstani citizens from institutions for orphans and children without parental care (296 in 2019, 168 in 2020, 246 in 2021, 214 in 2022, and 225 in 2023)," the ministry stated.

If you suddenly feel the desire to adopt a child, it’s important to thoroughly prepare for this significant life decision.

First, you should familiarize yourself with the list of necessary documents.

To become a candidate for adoption, you need to submit a list of documents on Egov.kz.

In the "Family" section, under "Child," you should select the service "Registration of persons wishing to adopt children," or you can follow the link provided.

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What documents need to be prepared

The ministry reminded that Kazakhstani citizens wishing to adopt children must submit the following to the guardianship and custodianship authority at the child's location or through the national database:

• A written application expressing the desire to adopt a child;
• A copy of an identity document;
• Written consent from close relatives for the adoption;
• A certificate of total income;
• A certificate of marital status;
• A health certificate for the applicant and close relatives, including mental health, and confirming the absence of drug (toxic) or alcohol dependence;
• A certificate of no criminal record;
• A copy of the document confirming ownership of the residence or the right to use the residence.

To adopt an orphaned child or a child without parental care, it is essential to register as individuals wishing to adopt orphans.

Those registered personally choose a child and spend two weeks interacting with them.

"Upon the expiration of this period, if consent for adoption is granted, citizens should apply to the court with the corresponding request. The final decision in the adoption case is made by the court," the Ministry of Education reported.

Do foreigners have the right to adopt Kazakhstani children

It turns out that they do, but under certain conditions.

"Adoption of orphans by foreigners is only possible through accredited agencies. Foreign citizens must contact such an agency and register at a diplomatic mission," the ministry stated.

The agency then assists foreigners in preparing the necessary documents.

Here’s the list of required documents:

• A written application expressing the desire to adopt a child;
• A certificate of income;
• A certificate of marital status;
• Copies of passports;
• Health certificates, including mental health, confirming the absence of drug (toxic) or alcohol dependence;
• Certificates of no criminal record;
• Written consent from close relatives for the adoption;
• At least three letters of recommendation from friends or neighbors;
• A document confirming housing availability;
• Certificates regarding the personal moral qualities of the prospective parents, issued by specially authorized foreign governmental bodies and organizations for adoption;
• A document from the competent authority of the receiving country confirming the right to adopt a child;
• Permission for the adopted child to leave Kazakhstan for the receiving country.

Obligations to:

• The registration of the adopted child with the Ministry of Foreign Affairs of Kazakhstan;
• The preservation of Kazakhstani citizenship for the adopted child and their registration at the diplomatic mission of Kazakhstan until the age of 18;
• The appointment of guardians in case of unforeseen circumstances.

After preparing all necessary documents, the agency sends the citizens' documents to the Committee for children rights protection of the Ministry of Education of our country for review.

"The Committee matches the child according to the profiles of the candidates. Adoption is possible with the consent of the candidates and the authorized body of their country. After approval, the citizens come to Kazakhstan, interact with the child for four weeks, and then submit an application to the court," the Ministry of Education reported.

Who is not eligible to adopt a child in Kazakhstan

According to the Code "On Marriage (Matrimony) and Family," adoption is permitted if the adoptive family provides conditions for the normal physical, mental, spiritual, and moral development, upbringing, and education of the child.

The criteria for who cannot be adoptive parents are also defined.

Adoptive parents must be adults, except for:

• Individuals declared by a court as legally incapacitated or partially legally incapacitated;
• Spouses, one of whom has been declared by a court as legally incapacitated or partially legally incapacitated;
• Individuals deprived of parental rights by a court or limited in parental rights;
• Individuals removed from guardianship or custodianship duties due to improper fulfillment of their legal responsibilities;
• Former adoptive parents if the adoption has been annulled by the court due to their fault;
• Individuals whose health condition prevents them from exercising parental rights. A list of diseases that disqualify a person from adopting a child, taking them into custody or guardianship, or fostering, is established by the authorized health authority;
• Individuals who do not have a permanent place of residence;
  Individuals who identify as having a non-traditional sexual orientation.
• Individuals who have an outstanding or unresolved criminal record for committing a deliberate crime at the time of adoption;
• Stateless individuals;
• Individuals who do not have an income sufficient to provide for the minimum living standards for the adopted child as established by the legislation of our country at the time of adoption;
• Individuals registered with drug treatment or mental health clinics;
• Individuals who have or have had a criminal record and have been prosecuted for murder, bodily harm, crimes against health and morality, sexual integrity, extremism, terrorism, or human trafficking (except for those whose case has been dismissed for reasons provided in Article 35 of the Criminal Procedure Code of Kazakhstan);
• Kazakhstani citizens who reside permanently in the country and have not undergone psychological training as established by paragraph 4 of Article 91 of the Code "On Marriage (Matrimony) and Family" (except for the child’s close relatives).

In what cases may a petitioner be denied the adoption of a child in Kazakhstan

A petitioner may be denied adoption if they do not meet the requirements established by Article 91 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family." The requirements for individuals wishing to adopt children have been outlined above.

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How often are children returned to orphanages

Unfortunately, there are instances where a child is returned. This is why it is crucial to undergo psychological preparation before taking a baby or teenager into your family.

"The reasons for returning children vary: illness of the adoptive parents, family problems, psychological incompatibility, illness of the children, and others. To prevent returns, mandatory psychological and pedagogical training for adoptive parents was introduced on July 1, 2020," the ministry reported.

Additionally, in 2019, non-governmental adoption agencies were established, and the activities of organizations providing assistance in placing orphaned children into the families of Kazakhstani citizens were legally formalized.

"Psychological preparation is also conducted by educational organizations for orphaned children and children without parental care," the agency reported.

There is also the format of a guest family. Before adoption, it is recommended to try living with the child in this format.

"In 2016, a temporary alternative form of family placement was introduced — the guest family. It is recommended to use this form before accepting a child into the family. A child can stay with a guest family for a period unrelated to the educational calendar, such as weekends and holidays," the Ministry of Education explained.

School for foster parents

There are 52 schools for foster parents operating in educational organizations for orphaned children and children without parental care across 20 regions of the country.

The training lasts from 42 to 60 academic hours, and upon completion, participants receive a certificate that allows them to become foster parents. Future adopters receive this training for free and participate in special workshops.

In March 2023, it was reported that, according to the National Adoption Agency, about 25 percent of prospective foster parents do not complete the course. Specialists note that this is a good indicator, as people leave, realizing they are not yet ready to become foster parents.

Consultations with agency specialists can be obtained by calling 1422 (the call is free within Kazakhstan).

Additionally, the agency previously provided several tips for those considering the responsible step of adopting a child or teenager. One of the main points is that "one must be prepared to invest a lot of effort, care, and attention without expecting a response in return."