Each child shall have the right to live and be nurtured in family, right to know his (her)
parents and other close relatives, right to their care and nurturing, with the exception of cases
when this contradicts to his (her) interests.
Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated
23.11.2010 № 354-IV (shall be enforced upon expiry of ten calendar days after its first
official publication).

Footnote. The Heading as amended by the Law of the Republic of Kazakhstan dated
30.12.2024 № 148-VIII (effective from 01.07.2025).
1. Guardianship, custody or patronage of a child left without parental care shall be
established, and he/she may also be transferred to a foster or adoptive professional family to
protect his/her property and personal non-property rights in accordance with the legislation of
the Republic of Kazakhstan.
2. Trusteeship shall be established over the children who have not reached the age of
fourteen years, and guardianship – over the minors aged from fourteen to eighteen years.
3. Trusteeship and guardianship bodies shall be local executive bodies.
4. Patronage may be established over a child, left without parental care, including those,
being in an educational, medical or other institution, in accordance with the legislation of the
Republic of Kazakhstan.
5. Orphans, children left without parental care, who are in an educational institution, may
be transferred to a foster or adoptive professional family in accordance with the legislation of
the Republic of Kazakhstan.
6. Guardianship or custody of siblings raised in one family by different persons shall not
be allowed, except when the circumstances are in the legitimate interests of the children.
Footnote. Article 27 is in the wording of the Law of the Republic of Kazakhstan dated
09.04.2016 № 501-V (shall be enforced from 01.01.2017); dated 30.12.2024 № 148-VIII (
effective from 01.07.2025).

Orphans and children, left without parental care in organizations of all types (educational,
medical and other) may be transferred to host families in periods not related to the
educational process (vacations, weekends and holidays).
Footnote. Chapter 5 is supplemented by Article 28-1 in accordance with the Law of the
Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten
calendar days after its first official publication).

1. Orphans, children without parental care, located in educational organizations for
orphans and children without parental care who have reached the age of ten may be assigned
a mentor who provides mentoring on a free basis. The procedure for organizing mentoring is
determined by the authorized body in the field of protection of children's rights of the
Republic of Kazakhstan.
2. The mentor provides individual support and assistance in preparing for independent life
to orphans, children left without parental care, staying in educational organizations for
orphans and children left without parental care, who have reached the age of ten.
3. A mentor cannot be:
1) a person who does not have citizenship of the Republic of Kazakhstan and has not
reached the age of majority;
2) a person recognized by the court as incompetent or partially capable;
3) a person whose spouse is recognized (recognized) by the court as incompetent or
partially capable;
4) a person deprived of parental rights by a court or limited by a court in parental rights;
5) a person removed from the duties of a guardian or trustee for improper performance of
the duties assigned to him by the law of the Republic of Kazakhstan;
6) the former adoptive parent (adopter), if the adoption was canceled by the court due to
his fault;
7) a person who, for health reasons, cannot exercise parental rights (the list of diseases in
the presence of which a person cannot adopt a child, take him under guardianship or
trusteeship, patronage, is established by the authorized body in the field of health care);
8) a person who does not have a permanent place of residence;
9) a person of non-traditional sexual orientation;
10) a person who has an outstanding or unexpunged conviction for committing an
intentional crime at the time of appointment as a mentor;
11) a person who, at the time of establishing mentoring, does not have an income that
provides him with a living wage established by the legislation of the Republic of Kazakhstan;
12) a person registered in a drug treatment or psychoneurological dispensary;
13) a person who has or has had a criminal record, is or has been subject to criminal
prosecution (with the exception of persons against whom 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, intentional infliction of
harm to health, against public health and morality, sexual integrity, for extremist or terrorist
crimes, human trafficking;
14) a person who has not completed mentoring training.
If the person appointed as a mentor is married or lives together with other persons, the
spouse or persons living together are subject to the requirements established by subparagraphs
4) - 6), 10), 12) and 13) of part one of this paragraph.
4. The mentor has the right to:
1) visit the child at his place of residence in educational organizations for orphans and
children left without parental care, and also, with the consent of the child and the head of this
educational organization, communicate with the child outside his place of residence under the
conditions determined by the mentoring agreement;
2) during periods not related to the educational process (vacations, weekends and holidays
), provide the child with assistance in obtaining additional educational, and medical services.
5. The mentor has no right to:
1) take the child outside the territory of the Republic of Kazakhstan;
2) when communicating with a child outside his place of residence, leave the child under
the supervision of third parties (individuals and (or) legal entities), except in cases of placing
the child in a medical organization to provide medical care or delivering him to the internal
affairs bodies;
3) violate other terms of the mentoring agreement.
6. The mentor is obliged to:
1) bear responsibility for the life and health of the child during his stay with him;
2) immediately inform the authorities performing the functions of guardianship or
trusteeship, or the organization of education for orphans and children without parental care in
which the child is located, about the occurrence of a situation that threatens the life and (or)
health of the child, his illness, receiving injury, placement of the child in a medical
organization for medical care or delivery of the child to the internal affairs bodies;
3) comply with other terms of the mentoring agreement.
7. Training of persons wishing to become mentors is carried out by mentoring
organizations, as well as educational organizations for orphans and children left without
parental care, at the expense of the said organizations.
Requirements for the content of the training program, the procedure for organizing the
training of persons wishing to become mentors, and the form of the certificate of completion
of such training shall be approved by the authorized children's rights protection body of the
Republic of Kazakhstan.
8. The body exercising guardianship or custody functions shall enter into a mentoring
agreement with the mentoring organization.
9. The mentoring organization shall have the right to:
1) receive information in the amount determined by the authorized children's rights
protection body of the Republic of Kazakhstan about orphans, children left without parental
care, with the consent of their legal representatives in the manner prescribed by the legislation
of the Republic of Kazakhstan;
2) exercise other rights stipulated by the laws of the Republic of Kazakhstan.
10. The mentoring organization shall be obliged to:
1) provide advisory assistance to persons wishing to become mentors;
2) train persons wishing to become mentors;
3) select mentors for orphans, children left without parental care, who are in educational
organizations for orphans and children left without parental care, who have reached the age of
ten;
4) provide legal and psychological assistance to mentors;
5) submit a quarterly performance report on their work to the body exercising
guardianship or custody functions;
6) ensure the confidentiality of personal data of orphans and children left without parental
care who are in educational organizations for orphans and children left without parental care
who have reached the age of ten, as well as mentors;
7) inform the education organization for orphans and children left without parental care
where the child is staying, the guardianship or custody body, the internal affairs bodies within
twenty-four hours from the moment of establishing the fact of death, cruel treatment of the
child, including physical or mental violence against the child, as well as an attempt on the
sexual immunity of the child who is being mentored;
8) comply with other obligations stipulated by the laws of the Republic of Kazakhstan.
Footnote. Chapter 5 is supplemented by Article 28-2 in accordance with the Law of the
Republic of Kazakhstan dated 23.02.2024 № 64-VIII (shall be enforced upon expiration of
sixty calendar days after the day of its first official publication); dated 10.02.2025 № 163-VIII
(effective sixty calendar days after the date of its first official publication).

1. A child being left without custody of parents shall be subject to arrangement in
educational, medical and other similar institution upon impossibility to transfer him (her) for
nurturing in a family.
2. Alimonies, benefits and other social payments owing to a child shall be transferred to
his (her) banking account and shall be paid in the manner established by the legislation of the
Republic of Kazakhstan.
3. Conditions that are approximate to family conditions shall be created for a child staying
in educational, medical and other similar institutions for children being left without custody
of parents. Child shall have the right to maintenance, nurturing, education, all-round
development, respect for his (her) honor and dignity, ensuring of own interests, conservation
of native language, culture, national customs and traditions.
4. Employees of educational, medical and other similar institutions for children being left
without custody of parents that committed anti-pedagogic or unmoral actions in respect of a
child staying in mentioned institutions shall bear responsibility in accordance with the Laws
of the Republic of Kazakhstan.
5. Protection of the rights and interests of a child staying in educational, medical and other
institutions for children being left without custody of parents, assistance in employment shall
be carried out by local executive bodies. Orphaned children that lost parents before majority
age, and children being left without custody of parents shall be provided by dwelling places
from the state housing fund for use in accordance with housing legislation of the Republic of
Kazakhstan.
Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated
11.07.2009 № 185-IV (shall be enforced from 30.08.2009); dated 23.11.2010 № 354-IV (
shall be enforced upon expiry of ten calendar days after its first official publication).

1. Each child shall have the right to life, personal freedom, inviolability of dignity and
private life.
2. The state shall ensure the personal integrity of the child, and protects him/her from
physical and (or) mental violence, cruel, rude or degrading treatment, harassment (bullying)
of the child, acts of a sexual nature, involvement in criminal activities and the commission of
antisocial acts and other types activities that infringe on the rights and freedoms of a person
and citizen enshrined in the Constitution of the Republic of Kazakhstan.
Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated
03.05.2022 № 118-VII (shall come into effect ten calendar days after the day of its first
official publication).

Each child after birth shall be registered in accordance with the Laws of the Republic of
Kazakhstan. From the date of birth, he (she) shall have the right to first name, patronymic and
last name, nationality and citizenship, and in cases provided by the Laws of the Republic of
Kazakhstan, right to their preservation.
Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated
23.11.2010 № 354-IV (shall be enforced upon expiry of ten calendar days after its first
official publication).