Article 91. Persons entitled to be adoptive parents of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

Home / Codes / Article 91. Persons entitled to be adoptive parents of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

1. Adoption is permitted if there are conditions in the adoptive parent's family for the normal physical, mental, spiritual and moral development, upbringing and education of the child.

The preferential right to adopt a child is held by his relatives, and in case of their absence – by persons who are in a registered marriage (matrimony).

2. Adoptive parents may be adults, with the exception of:

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

2) spouses, one of whom is recognized by the court as legally incompetent or with limited legal capacity;

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

4) persons who have been removed from the duties of a guardian or trustee, foster carer, foster parent, foster professional educator for improper fulfillment of the duties assigned to him by the laws of the Republic of Kazakhstan;

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

6) persons who are unable to exercise parental rights for health reasons. The list of diseases, in the presence of which a person cannot adopt a child, take him under guardianship or guardianship, or foster care, is established by the authorized body in the field of healthcare.;

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

8) persons who adhere to non-traditional sexual orientation;

 9) 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);

10) stateless persons;

Note from <url>! The Constitutional Court of the Republic of Kazakhstan has initiated proceedings to verify the constitutionality of subparagraph 11) of paragraph 2 of Article 91.

11) 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

12) persons who, at the time of adoption, do not have an income that provides the adopted child with a living wage established by the legislation of the Republic of Kazakhstan.;

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

14) 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

15) 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 this Article (with the exception of the child's close relatives).

3. Persons who are not married to each other may not jointly adopt the same child.

If persons wishing to adopt a child 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), 6), 8), 9) and 13) paragraph 2 of this article.

Other persons cohabiting with persons wishing to adopt a child 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 who actually cohabit, but not married.

4. Psychological training of citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who wish to adopt orphaned children, children left without parental care, into their family is provided by organizations that assist in the placement of orphaned children, children left without parental care, into families of citizens of the Republic of Kazakhstan, as well as educational organizations for orphaned children, children left without parental care, at the expense of the funds of these organizations.

The requirements for the content of the psychological training program, the procedure for organizing psychological training activities for citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who wish to adopt orphaned children, children left without parental care, for upbringing in their family, and the form of a certificate of such training are approved by the authorized body for the protection of children's rights of the Republic of Kazakhstan..

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