1. The following basic definitions shall be used in this Code:
1) acts of civil status - the legally executed circumstances that individualize a person and
with whom the origin, existence and termination of his (her) rights and obligations is linked;
2) the civil status registration authority (hereinafter referred to as the registration authority
) is the State Corporation "Government for Citizens", which carries out the state registration
of civil status acts and other types of public services related to the state registration of civil
status acts;
2-1) information system of acts of civil status – an information system designed for the
state registration of acts of civil status, making changes, corrections, additions, cancellation
and restoration of acts of civil status, also containing information constituting personal data of
individuals;
3) accreditation - the official recognition by the authorized body in the field of protection
of the rights of children of the Republic of Kazakhstan of the right of adoption agencies and
organizations to assist in the placement of orphans, children left without parental care in
families of citizens of the Republic of Kazakhstan to carry out their activities;
4) alimony - a financial or material allowance, which is obliged to be provided by one
person to other person, having the right to its receipt;
5) a child (children) left without a custody of parents (parent) - a child (children) that lost
a custody of one or both parents, due to restriction or deprivation of their parental rights,
recognition as missing, declaration as decedent, recognition as incapable or partially capable,
service of sentence in the places of deprivation of freedom, avoidance of the child’s nurturing
or protection of his (her) rights and interests, as well as with refusal to take a child from an
educational or healthcare organization, as well as in other cases of absence of parental
custody and that is in need for the security of required protection of his (her) rights and
interests, provided by the Laws of the Republic of Kazakhstan;
6) an abandoned child (children) - a child, whose parent (parents) abandoned from his (
her) further nurturing, education, material support by executing the relevant juridical
documents;
7) establishment of paternity - establishment of paternity of a person, in respect of a child
by registering body or in a judicial proceeding, if a person is not married to mother of the
child;
8) a child (children) - a person under eighteen years of age (age of majority);
9) adoption - a legal form of transferring a child (children) into nurturing to family, on the
basis of court decision that consequently emerges personal non-property and property rights
and obligations, equating to the rights and obligations of the relatives by birth;
10) adoption agencies - the non-commercial foreign organizations, carrying out activity
on adoption of children in the territory of its state and accredited to carry out such activity in
the territory of the Republic of Kazakhstan in the manner, established by this Code;
10-1) a guest family - is a family temporarily taking up orphans, children left without
parental care, being in organizations of all types (educational, medical, etc.) for periods not
connected to the educational process (vacations, weekends and holidays);
11) a childhood - a legal status of persons under the age of majority;
11-1) foster professional family is a form of temporary placement in a family that has
adopted, without prior choice, no more than four children in need of special social services on
the grounds provided for in subparagraphs 1), 2), 3) and 9) of paragraph 1 of Article 133 of
the Social Code of the Republic of Kazakhstan, with the exception of brothers and sisters;
11-2) foster family is a form of placement in a family that has adopted at least four and no
more than ten orphaned children, children left without parental care, who are in educational
institutions for orphaned children, children left without parental care, with the exception of
brothers and sisters;
12) the child's legal representatives are parents (parent), adoptive parents (adoptive
parents), guardian or trustee, foster parent (foster parents), foster professional educator (foster
professional educators), foster carer and other persons replacing them who, in accordance
with the legislation of the Republic of Kazakhstan, provide care, education, upbringing,
protection of rights and freedoms. the interests of the child;
13) close relatives - parents (parent), children, adoptive parents, adopted children,
brothers and sisters of the full and half blood, grandfather, grandmother, grandchildren;
14) a sham marriage (matrimony) a marriage (matrimony) contracted in the manner,
established by the Law of the Republic of Kazakhstan, without intention of spouses or one of
them to create a family;
15) identification document - a tangible object of a standard form with information on
private data of an individual, attached on it, permitting to confirm a personality and legal
status of its owner for the purpose of evidence of identification;
The identification documents include the documents, mentioned in paragraph 1 of Article
6 of the Law of the Republic of Kazakhstan “On identification documents”;
16) legal relation - a relationship between one of the spouses towards the close relatives of
the other spouse;
17) an orphan child (children-orphans) - a child (children), whose parents or one of the
parents died;
17-1) an organization to provide assistance in the placement of orphans, children left
without parental care in the families of citizens of the Republic of Kazakhstan - a non-profit
organization that provides, on a gratuitous basis in the territory of the Republic of Kazakhstan
, assistance in the placement of orphans, children left without care parents, for upbringing in
families in accordance with the competence established by this Code, citizens of the Republic
of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan, wishing to
accept and adopt children for upbringing, and accredited to carry out such activities in the
manner prescribed by this Code;
17-2) Republican databank of orphans, children left without parental care, and persons
wishing to take children into foster care in their families (hereinafter - the Republican
Databank) - a database containing information on orphans, children left without parental care,
as well as on persons wishing to accept orphans, children left without parental care, for
upbringing in their families;
17-3) a large family - a family with four or more minor children living together, including
children enrolled full-time in general education or vocational programs in organizations of
general secondary, technical and vocational, post-secondary, higher and (or) postgraduate
education, after they reach the age of majority until the time of graduation from educational
organizations (but not more than until they reach the age of twenty-three);
18) the authorized body in the field of protection of children's rights of the Republic of
Kazakhstan is the central executive body determined by the Government of the Republic of
Kazakhstan, which manages and provides inter-sectoral coordination in the field of protection
of children's rights;
19) guardianship - a legal form of protection of the rights and interests of a child (children
) aged fourteen to eighteen, as well as adults limited by the court in legal capacity due to
abuse of gambling, betting, alcohol or narcotic drugs;
20) is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (
shall be enforced upon expiry of ten calendar days after its first official publication);
21) a trusteeship - a legal form of protection of the rights and interests of children under
the age of fourteen years and persons, recognized incapable by court;
22) a trustee or a guardian - a person appointed to carry out the functions on trusteeship or
guardianship, in the manner, established by the Law of the Republic of Kazakhstan;
23) assisted reproductive methods and technologies - a complex of medical arrangements
on diagnostics, treatment and rehabilitation, oriented to correction of reproductive activity of
citizens;
24) financial condition - existence or absence of job wages, pension, other incomes; their
amount; existence of property; receipt or non-receipt of financial support from other family
members;
24-1) the authorized body in the field of state family policy is the central executive body
responsible for the management and inter–sectoral coordination of the formation of state
family policy;
25) treaty regime of property - property regime of spouses, established by the marriage
contract;
26) a marriage (matrimony) - a union with equal rights between a man and a woman,
concluded with free and full agreement of parties, in the manner, established by the Law of
the Republic of Kazakhstan with the purpose of creating a family, creating property and
personal non-property rights and obligations between the spouses;
27) marriage (matrimonial) age - the age, established by this Code, at which a person shall
have the right to enter into marriage (matrimony);
28) a sole mother - a woman that gave a birth to child (children), but not married,
registered in the registering bodies;
29) a family - a scope of persons, linked by the property and personal non-property rights
and obligations, emerging from marriage (matrimony), affinity, legal relation, adoption or
other form of adoption of children on care, and called to strengthening and development of
family relations;
29-1) the "111" contact center for family issues, protection of the rights of women and
children (hereinafter – the "111" contact center) is a legal entity designated by the authorized
body in the field of informatization, performing the functions of an information and reference,
organizational, psychological service for family issues, protection of the rights of women and
children.
30) a marital status - a marriage (matrimony) or a single state, or a dissolution of marriage
(matrimony), widowhood, existence or absence of children or other family members;
30-1) a child (children) in need of special social services - a child (children) whose life
activity is impaired as a consequence of the circumstances provided for by the legislation of
the Republic of Kazakhstan on social protection, and who cannot overcome these
circumstances on their own or with the help of the family;
31) a foster care - a form of nurturing, whereby children-orphans, children left without a
custody of parents (parent) shall be transferred into foster care to the families under a contract
, concluded by authority body, carrying out the functions on trusteeship and guardianship, and
by the person that expressed desire for taking care of a child (children);
32) reproductive health - a human health, reflecting his (her) ability to reproduce
full-fledged descendants;
33) a surrogate mother - a woman, carried a child after application of assisted
reproductive methods and technologies and giving a birth of a child (children) for customers,
according to surrogacy contract;
34) surrogate motherhood - a carrying and birth of a child (children), including the cases
of castling births under the contract between surrogate mother and spouses with the
remuneration payment;
35) surrogacy contract - a notarized written agreement between married persons (in
matrimony) willing to have a child, and a woman that gave her agreement to carry and give a
birth to a child by the application of assisted reproductive methods and technologies;
36) relatives - persons being in the kinship, having common ancestors to the great
grandfather and great grandmother.
2. The definitions “child (children)” and “child”, “parents (parent)” and “parents”, “
spouses (husband, wife)” and “spouses” shall be equal, unless otherwise provided by this
Code.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated
29.01.2013 № 74-V (shall be enforced upon expiry of ten calendar days after its first official
publication); dated 05.07.2014 № 236-V (shall be enforced from 01.01.2015); dated
29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first
official publication); dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten
calendar days after the day its first official publication); dated 18.04.2017 № 58-VI (shall be
enforced upon expiry of ten calendar days after the day its first official publication); dated
02.07.2018 № 165-VI (shall be enforced upon expiry of ten calendar days after its first
official publication); № 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten
calendar days after the day of its first official publication); № 292-VI dated December 27,
2019 (see Art. 2 for the enactment procedure); dated 02.07.2020 № 356-VI (shall enter into
force upon the expiry of ten calendar days after the day of the first official publication); dated
14.07.2022 № 141-VII (see Art. 2 for the enactment procedure); dated 20.04.2023 № 226-VII
(shall be enforced from 01.07.2023); dated 15.04.2024 № 72-VIII (effective sixty calendar
days after the date of its first official publication); dated 30.12.2024 № 148-VIII (for the
procedure of entry into force, see art. 2).

1. Conclusion of marriage (matrimony) requires free and complete agreement of a man
and a woman, entering into marriage (matrimony) and their attainment of marriage age.
2. Marriage (matrimony) may not be concluded in existence of circumstances, mentioned
in Article 11 of this Code.

Conclusion of marriage (matrimony) shall not be allowed between:
1) persons of the same sex;
2) persons, at least one of whom is married;
3) close relatives;
4) adoptive parents and adopted children, children of adoptive parents and adopted
children;
5) persons, at least one of whom is recognized incapable as a consequence of mental
disease or dementia by enforced court decision.

1. Trustees of guardians may be only the persons of majority age with the exception of:
1) persons, recognized incapable or partially capable by the court;
2) persons, deprived or restricted of parental rights by the court;
3) a trustee or a guardian, suspended from obligations for improper execution of duties
assigned to him (her) by the Law of the Republic of Kazakhstan;
4) former adoptive parents, if their adoption is cancelled due to their fault;
5) persons who may not exercise the obligations of a trustee or a guardian due to their
health condition;
6) persons who do not have a permanent place of residence;
7) persons who have an outstanding or unexpunged previous conviction for commission
of an intentional crime at the time of establishment of guardianship (custody), as well as
persons specified in subparagraph 12) of this paragraph;";
8) stateless persons;
9) males who are not in the registered marriage, except for cases of actual upbringing of a
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 establishment of guardianship or custody, do not have
income that provides the fostering with a minimum living wage established by the legislation
of the Republic of Kazakhstan;
11) persons who are registered at the narcological or psycho-neurological dispensaries;
12) persons who have or have been convicted, subject or subjected to criminal prosecution
(with the exception of persons whose criminal prosecution was terminated on the basis of
subparagraphs 1) and 2) of part one 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 this Code (with the exception of close relatives of
the child).
If a minor needs to immediately appoint a guardian or trustee in the person of a relative,
stepfather (stepmother), the bodies performing the functions of custodianship or guardianship
have the right to establish custodianship or guardianship without undergoing psychological
training, provided that they undergo psychological training within one calendar year from the
date of the child's admission to the family. If the guardian or trustee has not passed
psychological training within the prescribed period, the body performing the functions of
custodianship or guardianship initiates the issue of revocation of custodianship or
guardianship.
2. A trustee or a guardian may be appointed only with his (her) agreement. If it is not
inconsistent with the interests of a ward, a spouse, parents, relatives and other persons close to
a ward shall have the priority right on appointment as a trustee or a guardian.
It is acceptable to appoint the only one trustee or guardian for several persons, if there are
no contradictions between interests of wards.
3. In appointment of trusteeship or guardianship over minors, whose parents are capable
and not deprived of parental rights, but may not exercise their nurturing, the trustees or
guardians shall be appointed in recognition of the wish of the parents.
The moral and other qualities of a trustee or a guardian, his (her) capacity to perform the
duties of a trustee or a guardian, the relations between a trustee or a guardian and a child, the
relations of family members of a trustee or a guardian to a child, as well as if it is possible, a
wish of a child himself (herself) shall be considered in appointment of a trustee or a guardian
to a child.
If a person, appointed as a trustee or a guardian over a minor is married, the obligatory
agreement of his (her) spouse shall be required.
4. Trustees or guardians of persons, being in need of trusteeship or guardianship and being
in the relevant educational organizations, healthcare organizations, organizations of social
protection of population shall be the administrations of these organizations.
The temporary placement of a child in this organization by a trustee or a guardian shall
not terminate the rights and obligations of a trustee or guardian in respect of this child.
5. Trustees or guardians shall speak in defence of the rights and interests of their wards in
respect of any persons, including in the court without the special confirmation of powers.
Footnote. Article 122 as amended by the Laws of the Republic of Kazakhstan dated
09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after the day its first
official publication); № 292-VI dated December 27, 2019 (see Art. 2 for the enactment
procedure); dated 03.05.2022 № 118-VII (shall be enforced ten calendar days after the date of
its first official publication).

1. Upon request of adult capable person that may not exercise and protect his (her) rights
and perform obligations due to health condition, the guardianship may be established over
him (her).
2. A guardian of an adult capable person may be appointed by a body, carrying out the
functions of trusteeship or guardianship, only with the agreement of this person.
3. Disposition of property belonging to an adult capable ward shall be carried out by a
guardian on the grounds of contract of agency or trust administration of property, concluded
with the ward.
Consummation of domestic and other transactions, oriented for the care of a ward and the
satisfaction of his (her) domestic needs shall be carried out by a guardian with the agreement
of the ward.
4. The guardianship over an adult capable person may be terminated after demand of this
person.
A guardian of a person, being under the guardianship shall be released from performance
of obligations assigned to him (her) in cases, provided by Article 129 of this Code.

1. Grounds for the transfer of orphans, children left without parental care, to a foster
family are an agreement on the transfer of orphans, children left without parental care, to a
foster family concluded between foster parents, the body that exercises the functions of
guardianship or custody, and the organization of education at the location of orphans, children
left without parental care.
A foster family can take up for upbringing at least four and not more than ten orphans,
children left without parental care, with the exception of brothers and sisters.
2. Regulations on foster families are approved by the authorized body in the field of
protection of children's rights of the Republic of Kazakhstan.

1. Foster parents in relation to the orphans, children left without parental care, have the
same rights and duties as guardians and custodians. They are subject to the requirements
provided for by paragraph 1 of Article 122 of this Code.
2. Foster parents should have a dwelling on the basis of the right of ownership or on the
basis of the right to use the dwelling to create favorable conditions for the maintenance,
upbringing and education of orphans, children left without parental care, in the amount of not
less than fifteen square meters per person.
3. Foster parents are required to submit, at least once every six months, to educational
organizations where orphans and children left without parental care were, a copy of the child's
health passport in the form approved by the authorized body in the field of healthcare, and to
the bodies performing the functions of guardianship or patronage, reports on the work on their
upbringing, the spending of money allocated for their maintenance, and the management of
their property.
Footnote. Article 132-3 as amended by the Law of the Republic of Kazakhstan dated
30.12.2024 № 148-VIII (effective ten calendar days after the date of its first official
publication).

1. Pre-selection of orphans, children left without parental care, for the transfer of them
under a contract for transfer to foster parents is carried out by persons wishing to take up
orphans, children left without parental care, for upbringing in their families in agreement with
the education organization in which orphans and children left without parental care are placed
, and the body exercising the functions of guardianship or custody.
Separation of brothers and sisters is not allowed, except when it meets the interests of
children and children do not know about their relationship, did not live and were not brought
up together.
2. Transfer of orphans, children left without parental care, to the foster parents is carried
out taking into account their opinion. Orphans, children left without parental care, who have
reached the age of ten, can be transferred only with their consent.
3. When transferring orphans, children left without parental care, the moral and other
personal qualities of foster parents, their ability to fulfill the duties of foster parents, the
relationship between the adoptive parents and orphans, children left without parental care are
taken into account.
4. Orphaned children, children left without parental care, transferred to foster parents,
retain the right to alimony due to them, pension payments from parents from the unified
pension savings fund and voluntary pension savings funds, allowances and other social
benefits, as well as ownership of housing and other property and (or) the right to use housing
and other property. In the absence of housing, the orphaned children, children left without
parental care, transferred to foster parents, have the right to be provided with housing in
accordance with the housing legislation of the Republic of Kazakhstan.
Safety of funds and other property belonging to orphans, children left without parental
care, is assigned to foster parents for the duration of the agreement on transfer of orphans,
children left without parental care, to foster parents.
Orphans, children left without parental care, transferred to foster parents, also have the
rights provided for by Articles 60, 61, 62 and 67 of this Code.
Footnote. Article 132-4 as amended by the Law of the Republic of Kazakhstan dated
30.12.2024 № 148-VIII (effective ten calendar days after the date of its first official
publication).

1. The basis for the transfer of children in need of special social services on the grounds
provided for in subparagraphs 1), 2), 3) and 9) of paragraph 1 of Article 133 of the Social
Code of the Republic of Kazakhstan to a foster professional family is an agreement on the
transfer of children in need of special social services on the grounds provided for in
subparagraphs 1), 2), 3) and 9) of paragraph 1 of Article 133 of the Social Code of the
Republic of Kazakhstan, into a foster professional family, concluded between foster
professional educators and the body performing the functions of guardianship or patronage.
A foster professional family accepts no more than four children in need of special social
services on the grounds provided for in subparagraphs 1), 2), 3) and 9) of paragraph 1 of
Article 133 of the Social Code of the Republic of Kazakhstan, with the exception of brothers
and sisters.
2. The regulations on foster professional families are approved by the authorized body in
the field of protection of children's rights of the Republic of Kazakhstan.
3. The body performing the functions of guardianship or patronage has the right to visit
foster professional families at their place of residence without prior notice.
4. The body performing the functions of guardianship or patronage is obliged, as a matter
of priority, to take measures to return to the parents the children in need of special social
services on the grounds provided for in subparagraphs 2), 3) and 9) of paragraph 1 of Article
133 of the Social Code of the Republic of Kazakhstan, and if it is impossible to return to the
parents the children in need of special social services on the grounds provided for in
subparagraphs 1) and 2) of paragraph 1 of Article 133 of the Social Code of the Republic of
Kazakhstan, – by transferring them to a family for upbringing (adoption, guardianship or
patronage, foster care, foster family).

1. Citizens of the Republic of Kazakhstan who have reached the age of thirty, but not
older than sixty-three, who meet the requirements provided for in paragraph 1 of Article 122
of this Code, and who are recognized as foster professional caregivers in accordance with the
procedure established by the regulations on foster professional families, may be foster
professional caregivers.
Foster professional caregivers have the same rights and duties as guardians and custodians
in relation to adopted children in need of special social services on the grounds provided for
in subparagraphs 1), 2), 3) and 9) of paragraph 1 of Article 133 of the Social Code of the
Republic of Kazakhstan.
2. Foster professional caregivers must have on the basis of the right of ownership or use
the housing in order to create favorable conditions for the maintenance, upbringing and
education of children in need of special social services on the grounds provided for in
subparagraphs 1), 2), 3) and 9) of paragraph 1 of Article 133 of the Social Code of the
Republic of Kazakhstan, in the amount of at least fifteen square meters per person.
3. Foster professional caregivers assist the body performing guardianship or patronage
functions in returning children in need of special social services to their parents on the
grounds provided for in subparagraphs 2), 3) and 9) of paragraph 1 of Article 133 of the
Social Code of the Republic of Kazakhstan, and if it is impossible to return children in need
of special social services to their parents on the grounds provided for in subparagraphs 1) and
2) of paragraph 1 of Article 133 of the Social Code of the Republic of Kazakhstan, – in
transferring them to a family for upbringing (adoption, guardianship or patronage, foster care,
foster family).
4. The procedure for the selection, training, issuance of an opinion on the recognition of
foster professional caregivers, as well as the remuneration of foster professional caregivers is
determined by the regulations on foster professional families.
5. Foster professional caregivers are required to submit quarterly to the bodies performing
guardianship or patronage functions a copy of the health passport of children in need of
special social services on the grounds provided for in subparagraphs 1), 2), 3) and 9) of
paragraph 1 of Article 133 of the Social Code of the Republic of Kazakhstan, in the form
approved by the authorized body in the field of healthcare, and reports on the work on their
upbringing, the spending of money allocated for their maintenance, and the management of
their property.
Foster professional caregivers do not have the right to withdraw money from the bank
accounts of children in need of special social services on the grounds provided for in
subparagraphs 1), 2), 3) and 9) of paragraph 1 of Article 133 of the Social Code of the
Republic of Kazakhstan.