Article 122. Guardians or trustees of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

Home / Codes / Article 122. Guardians or trustees of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

1. Only adult persons may be guardians or trustees, with the exception of:

1) persons recognized by the court as legally incompetent or with limited legal capacity;

2) persons deprived of parental rights by the court or restricted in parental rights by the court;

3) suspended from the duties of a guardian or trustee, foster carer, foster parent, foster professional educator for improper performance of duties assigned to him by the law of the Republic of Kazakhstan;

4) former adoptive parents, if the adoption was cancelled by the court due to their fault;

5) persons who, for health reasons, are unable to perform the duties of a guardian or trustee;

6) persons who do not have a permanent place of residence;

7) persons who have or have had a criminal record, are being or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of paragraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan);

8) stateless persons;

9) male persons who are not in a registered marriage (matrimony), except in cases of the actual upbringing of a child for at least three years due to the death of the mother or the deprivation of her parental rights; -Excluded by the Law of the Republic of Kazakhstan dated December 4, 2025 No. 236-VIII SAM

10) persons who, at the time of the establishment of guardianship or guardianship, do not have an income that provides the ward with a living wage established by the legislation of the Republic of Kazakhstan.;

11) persons who are under dynamic supervision in organizations providing medical care in the field of mental health;

12) persons who have or have had a criminal record, are being or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been 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, intentional infliction of harm to health, against public health and morals sexual integrity, for extremist or terrorist crimes, human trafficking; -Excluded by the Law of the Republic of Kazakhstan dated December 4, 2025 No. 236-VIII SAM

13) citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who have not undergone psychological training in accordance with the procedure established by paragraph 4 of Article 91 of this Code (with the exception of the child's close relatives).

If a minor needs to immediately appoint a guardian or trustee in the person of a relative, stepfather (stepmother), the guardianship or guardianship authorities have the right to establish guardianship or guardianship without undergoing psychological training, provided that they undergo psychological training within one calendar year from the moment the child is accepted into the family. If the guardian or trustee has not completed psychological training within the prescribed period, the body performing the functions of guardianship or guardianship initiates the issue of revocation of guardianship or guardianship.

2. A guardian or trustee may be appointed only with his consent. If this does not contradict the interests of the ward, the spouse, parents, relatives or other persons close to the ward have the pre-emptive right to be appointed guardian or trustee.

It is allowed to appoint one guardian or trustee for several persons, if there are no contradictions between the interests of the wards.

Their relatives have the pre–emptive right to establish custody or guardianship over minors, and in case of their absence, persons who are in a registered marriage (matrimony).

3. When appointing guardianship or guardianship over minors whose parents are legally capable and not deprived of parental rights, but cannot bring them up, guardians or guardians are appointed taking into account the wishes of the parents.

When appointing a guardian or trustee to a child, the moral and other personal qualities of the guardian or trustee, his ability to perform the duties of a guardian or trustee, the relationship between the guardian or trustee and the child, the attitude of the family members of the guardian or trustee to the child, as well as, if possible, the desire of the child himself, are taken into account.

If the person appointed as the guardian or trustee of a minor is married, the mandatory consent of his spouse is required.

4. The administrators of these organizations are the guardians or guardians of persons in need of guardianship or guardianship and are located in the relevant educational organizations, medical organizations, and social protection organizations.

The temporary placement of a child by a guardian or trustee in such an organization does not terminate the rights and obligations of the guardian or trustee in relation to this child.

5. Guardians or trustees advocate for the rights and interests of their wards in relations with any person, including in court, without special confirmation of authority.

6. If persons wishing to become guardians or guardians of a minor are married or cohabit with other persons, the spouse or cohabiting persons are subject to the requirements set out in sub-paragraphs 1), 2), 3), 4), 5), 7) and 11) of the first part of paragraph 1 of this Article.

Other persons cohabiting with a person wishing to become a guardian or trustee of a minor include cohabiting family members who are bound by property and personal non-property rights and obligations arising from marriage (matrimony), kinship, property, adoption or other form of adoption of a child, as well as cohabiting persons, actually cohabiting, but not married (matrimony).

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases

Dissolution of marriage | Divorce proceedings | Termination of marital relations

Dissolution of marriage | Divorce proceedings | Termination of marital relationsThe District Court No. 2 of the Auezovsky district of Almaty, composed of the presiding judge A...