The information
about adoption of the children
which are the citizens of the
Republic of Kazakhstan by foreigners
Currently the laws about adoption of the Republic of Kazakhstan are based on the Constitution of Kazakhstan, Convention about Children's Rights (Kazakhstan joint this convention in 1994), the Marriage and Family Law of Kazakhstan and also on other laws and rules.
According to the current laws of Kazakhstan the children which are the citizens of the Republic of Kazakhstan are available for adoption by foreigners if the citizens of Kazakhstan which permanently reside in Kazakhstan do not take care of them, if relatives of these children do not adopt them, regardless of their citizenship or place of living.
In order to regulate the process of international adoption and according to the article 209 of the Marriage and Family Law of Kazakhstan, remedial legislation made by the Government of Kazakhstan on the 12th of November 2002 #1197, the Rules about adoption of the children - the citizens of Kazakhstan by foreigners were approved.
The children can be adopted by citizens of Kazakhstan which do not reside on the territory of Kazakhstan, by foreigners, which are not relatives of the children, in 3 months after the putting of the children on the centralized registry at the Ministry of Education and Science of Kazakhstan.
In compliance with the current system of adoption, the foreign citizens who wish to adopt in Kazakhstan need to turn to the corresponding institution of Kazakhstan (custody institution) through the diplomatic and consulate institutions of Kazakhstan and prepare a dossier according to these instructions. Following the completion of the dossier, it should be delivered to the Consular Section of the Embassy of the Republic of Kazakhstan in Washington, DC, accompanied by a cover letter.
Afterwards the dossier for adoption are submitted to the Ministry of Education and Science of Kazakhstan for consideration by custody institutions.
The registration of the foreigners who wish to adopt the children who are the citizens of Kazakhstan is made by the diplomatic and consulate institutions of Kazakhstan.
The Ministry of Education and Science of Kazakhstan and Educational Departments of regions and of the cities of Astana and Almaty have the right to make invitations to Kazakhstan for foreigners prospective adoptive parents.
The registration of foreigners as the candidates for adoption and availability of visa to Kazakhstan do not mean the permission for adoption, because the decisions as to adoption in Kazakhstan are made by judicial authorities only.
In the case of positive resolution of a court the corresponding institutions of Kazakhstan issue the certificate for adoption, birth certificate and national passport where it is registered that a child heads for a permanent place of residence of adoptive parents.
According to the Law of Kazakhstan on changes and additions to the Law of Kazakhstan about citizenship of Kazakhstan from the 17th of May 2002 #322-11, the child which is the citizen of Kazakhstan and is adopted by foreigners stays the citizen of Kazakhstan till he/she comes of age. The child can become the citizen of the other country only after coming of age and according to his/her free will. This requirement is made to protect the rights of an adopted child.
