ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 12, 2026 No. 165

About modification and amendments in some decisions of the Government of the Republic of Kazakhstan and recognition No. 297 which voided the orders of the Government of the Republic of Kazakhstan of March 7, 2012 "About approval of regulations of food, providing with clothes, footwear and soft stock of the minors containing in special facilities and the organizations"

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan (further - changes and amendments).

2. Declare invalid the order of the Government of the Republic of Kazakhstan of March 7, 2012 No. 297 "About approval of regulations of food, providing with clothes, footwear and soft stock of the minors containing in special facilities and the organizations".

3. This resolution becomes effective after ten calendar days after day of its first official publication, except for paragraphs of the sixth and seventh Item 1, of paragraphs of the third, fourth, fifth, sixth, seventh Item of 5 changes and amendments which become effective since July 11, 2026.

Approved by the Order of the Government of the Republic of Kazakhstan of March 12, 2026 No. 165

Changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan

1. In the order of the Government of the Republic of Kazakhstan of January 25, 2008 No. 64 "About approval of Rules of forming, the direction and distribution of funds for rendering financial and financial support by the student and to pupils of the organizations of education from the families having the right to the government address public assistance and also from the families which are not receiving the government address public assistance in which the average per capita income is lower than the size of subsistence minimum, and to the orphan children, children without parental support living in families, to children from the families requiring the emergency help in result of emergency situations, and to other categories of students and pupils":

in Rules of forming, the direction and distribution of funds for rendering financial and financial support by the student and to pupils of the organizations of education from the families having the right to the government address public assistance and also from the families which are not receiving the government address public assistance in which the average per capita income is lower than the size of subsistence minimum, and to the orphan children, children without parental support living in families, to children from the families requiring the emergency help in result of emergency situations, and to other categories of the students and pupils approved by the specified resolution:

add Item 1 with parts four and heel of the following content:

"Reference to other categories specified in the subitem 5) of Item 1 of these rules is performed for emergence of difficult life situation, but no more than one quarter, according to the Rules of coordination of work on scope of persons (families) which appeared in difficult life situation, full support within competence of state bodies, approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 14, 2024 No. 192.

Assessment technique socially - economic vulnerability and stability of households, approved by the order of the Government of the Republic of Kazakhstan of December 4, 2025 No. 1045 chipboard is applied to the categories of persons specified in subitems 2), 4) and 5) of Item 1 of these rules.";

the sixth Item 3 to state part in the following edition:

"The organization of additional classes with students and pupils in objects (disciplines and cycles of disciplines) over the school hours allocated by the curriculum and programs is performed by the state organizations of education by means of the digital technologies and telecommunication means used in case of distance training.".

2. In the order of the Government of the Republic of Kazakhstan of February 7, 2008 No. 116 "About approval of Rules of appointment, payment and the sizes of the state grants":

in Rules of appointment, payment and the sizes of the state grants approved by the specified resolution:

state Item 16 in the following edition:

"16. The state grant is paid based on the order on its appointment, stipulated in Item 12 these rules.

The operator of authorized body in the field of education performs payment of the state grants, except for the state scholarships, according to subitem 13-1) of article 1 of the Law.".

3. In the order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 380 "About approval of Rules of transfer of the children who are citizens of the Republic of Kazakhstan on adoption":

in Rules of transfer of the children who are citizens of the Republic of Kazakhstan, on adoption, approved by the specified resolution:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

state Item 2-1 in the following edition:

"2-1. In case of adoption of the child his relatives, and in case of their absence - the faces consisting in the registered scrap (matrimony) have the privilege.";

state item 4 in the following edition:

"4. Full age persons, except for can be adoptive parents:

1) persons recognized by court incapacitated or it is limited by capable;

2) spouses, one of whom is acknowledged as court incapacitated or it is limited by capable;

3) persons deprived on court of the parent rights or limited by court in the parent rights;

4) persons discharged of obligations of the guardian or custodian, foster tutor, adoptive parent, reception professional tutor for inadequate accomplishment of the obligations assigned to it by the laws of the Republic of Kazakhstan;

5) the former adoptive parents if adoption is cancelled by court on their fault;

6) persons who for health reasons cannot perform the parent rights according to the list of diseases established by authorized body in the field of health care;

7) persons which do not have the permanent residence;

8) persons adhering to nonconventional sexual orientation;

9) the persons having or having criminal record, which are exposed or being exposed to criminal prosecution (except for persons concerning whom criminal prosecution is stopped based on Items 1) and 2) of part one of Article 35 of the Code of penal procedure of the Republic of Kazakhstan);

10) stateless persons;

11) persons who at the time of adoption have no the income providing to the adopted child the subsistence minimum established by the legislation of the Republic of Kazakhstan;

12) persons which are on dynamic observation in the organizations providing medical care in the field of mental health;

13) the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, did not have psychological training according to the procedure, stipulated in Item 4 articles 91 of the Code (except for close relatives of the child).";

add with Item 4-1 of the following content:

"4-1. Persons who are not married among themselves (matrimony) cannot adopt the same child jointly.

One person can adopt several children who are brothers and sisters or not consisting among themselves in relationship.

If persons wishing to adopt the child are married (matrimony) or jointly live with other persons, the requirements established by subitems 1), 2), 3), 4), 5), 6), 8), 9) and 13) of Item 2 of Article 91 extend to the spouse (spouse) or on jointly the living persons.

The living family members connected by the property and personal non-property rights and obligations following from scrap (matrimony), relationship, property, adoption (adoption) or other form of acceptance of the child on education, and also the persons who are actually living together, but not married (matrimony) jointly living treat the other persons jointly living with persons wishing to adopt the child jointly.";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for transfer of the children who are citizens of the Republic of Kazakhstan on adoption";

heading of the paragraph of Chapter 2 "Procedure for transfer of children to relatives, irrespective of their nationality and the residence" to state in the following edition:

"Paragraph 1. Procedure for transfer of children to relatives, irrespective of their nationality and the residence";

state Item 8 in the following edition:

"8. The relatives who are citizens of the Republic of Kazakhstan and persons interested to adopt children, give to body for the location of the child or through the Republican databank:

1) the written application about desire to adopt the child;

2) written consent jointly the living persons (in the presence) on adoption of the child;

3) certificate of the size of comprehensive income;

4) the health declaration of the relative, and also spouse(s) if is married, and others jointly the living persons (in the presence), confirming absence of diseases according to the list approved by the order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 "About approval of the list of diseases in the presence of which person cannot adopt the child accept him under guardianship or custody, patronage" (it is registered in the register of state registration of regulatory legal acts at No. 12127);

5) the copy of the document confirming right to use by the dwelling (in case of lack of the dwelling on the property right);

6) certificate on passing of psychological preparation.

Data on identity documents, the certificate of birth of the child, the certificate of the birth, the certificate on marriage (in the absence of data in the digital system "Registration Item REGISTRY OFFICE"), data on condition on dynamic observation (or lack of dynamic observation) from the center of mental health "Narcology", the center of mental health "Psychiatry" for the form approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 No. KR DSM-49/2020 "About some questions of rendering the state services in the field of health care" (it is registered in the register of state registration of regulatory legal acts at No. 20665), the documents confirming the property right to the dwelling of the relative and the spouse (-and), (if is married) and others jointly the living persons (in the presence), the body receives from the corresponding state digital systems through lock "the digital government".

Data on availability or lack of criminal record, and also information on availability or lack of data of special accounting of persons recognized by court incapacitated and limited capable, the relative, the spouse (-and), (if is married) and others jointly the living persons (in the presence), the body receives from digital systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan.

The body receives consent at the relative to use of the data which are the secret protected by the law, containing in digital systems if other is not provided by the laws of the Republic of Kazakhstan.";

subitems 5 and 6) of Item 9 to state in the following edition:

"5) health declarations, including mental, about lack of drug (toxic), alcoholic addiction of the relative, and also spouse (-and) if is married, and others jointly the living persons (in the presence);

6) certificates of lack of criminal record of the relative, and also the spouse (-and) if is married, and others jointly the living persons (in the presence);";

to state heading of the paragraph "Procedure for Transfer of Children on Adoption to the Citizens of the Republic of Kazakhstan Who Are Constantly Living in the territory of the Republic of Kazakhstan" of Chapter 2 in the following edition:

"Paragraph 2. Procedure for transfer of children on adoption to the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan";

state Item 18-1 in the following edition:

"18-1. The candidates for the adoptive parents who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan give to body for the location of the child or through the Republican databank:

1) the written application about desire to adopt the child;

2) written consent jointly the living persons (in the presence) on adoption of the child;

3) certificate of the size of comprehensive income;

4) the health declaration of the candidate for adoptive parents, and also the spouse(s) if is married, and others jointly the living persons (in the presence), confirming absence of diseases according to the list approved by the order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 "About approval of the list of diseases in the presence of which person cannot adopt the child accept him under guardianship or custody, patronage" (it is registered in the register of state registration of regulatory legal acts at No. 12127);

5) the copy of the document confirming right to use by the dwelling (in case of lack of the dwelling on the property right);

6) certificate on passing of psychological preparation.

Data on identity documents, the certificate of birth of the child, the certificate of the birth, the certificate on marriage (in the absence of data in the digital system "Registration Item REGISTRY OFFICE"), data on condition on dynamic observation (or lack of dynamic observation) from the center of mental health "Narcology", the center of mental health "Psychiatry" for the form approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 No. KR DSM-49/2020 "About some questions of rendering the state services in the field of health care" (it is registered in the register of state registration of regulatory legal acts at No. 20665), the documents confirming the property right to the dwelling of the relative and the spouse (-and), (if is married) and other persons jointly of the living persons (in the presence), the body receives from the corresponding state digital systems through lock "the digital government".

Data on availability or lack of criminal record, and also information on availability or lack of data of special accounting of persons recognized by court incapacitated and limited capable, the relative, the spouse (-and), (if is married) and others jointly the living persons (in the presence), the body receives from digital systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan.

The body receives consent at the relative to use of the data which are the secret protected by the law, containing in digital systems if other is not provided by the laws of the Republic of Kazakhstan.

In case of adoption of the child concerning which the spouse of the applicant establishes paternity, the conclusion of the molecular and genetic examination confirming paternity concerning the adopted child is enclosed to the application for desire to adopt the child.";

to state heading of the paragraph "Procedure for Transfer of the Children Who Are Citizens of the Republic of Kazakhstan on Adoption to the Citizens of the Republic of Kazakhstan Who Are Constantly Living outside the Republic of Kazakhstan, to Foreigners" of Chapter 2 in the following edition:

"Paragraph 3. Procedure for transfer of the children who are citizens of the Republic of Kazakhstan on adoption to the citizens of the Republic of Kazakhstan who are constantly living outside the Republic of Kazakhstan, to foreigners";

5) and 6) of Item 27 to state subitems in the following edition:

"5) health declarations of person applying for adoption of the child, and also spouse (-and) if is married, and others jointly the living persons (in the presence), including about lack of mental, behavioural disturbances (diseases) including connected with the use of psychoactive agents about lack of drug (toxic) addiction;

6) certificates of lack of criminal record of person applying for adoption of the child, and also spouse (-and) if is married, and others jointly the living persons (in the presence);".

4. In the order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 382 "About approval of Rules of implementation of functions of the state on guardianship and custody":

in Rules of implementation of the functions of the state on guardianship and custody approved by the specified resolution:

state Item 6 in the following edition:

"6. Local executive bodies of areas, cities of regional, republican value, the capital perform functions of the state on guardianship and custody concerning minors through authorized bodies of education/protection of the rights of children and health care, concerning full age - through authorized bodies of social protection of the population (further - body).";

add with Item 7-1 of the following content:

"7-1. Protection of the rights and interests incapacitated or restrictedly capable full age persons is performed by social security authority of the population in the procedure established by the legislation of the Republic of Kazakhstan by their transfer to family (guardianship or custody), and in the absence of such opportunity - in the organizations of system of social protection of the population rendering special social services incapacitated or to restrictedly capable full age persons.";

in Item 9:

state part one in the following edition:

"9. Protection of the rights and interests of orphan children, children without parental support, is performed by body in the procedure established by the legislation of the Republic of Kazakhstan by their transfer on education to family (adoption, guardianship or custody, patronage, reception and foster professional home), and in the absence of such opportunity - in the organization of all types for orphan children, children without parental support.";

add with subitem 11-1) of the following content:

"11-1) at least once a year checks the guardians and custodians, foster tutors, adoptive parents, reception professional tutors who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan for compliance to the requirements established by subitems 5), 6), 7), 10), 11) of Item 1 of article 122 of the Code by receipt of documents and data from information systems or service of digital documents.

In case of impossibility of receipt of documents and data from information systems or service of digital documents the guardians or custodians, foster tutors, adoptive parents, reception professional tutors who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan shall present them in body.";

add with subitems 15-1) and 15-2) of the following content:

"15-1) exempts the guardian or the custodian, foster tutors, adoptive parents, reception professional tutors from execution of the obligations by them in cases of return of the minor ward to his parents or his adoptive parents, and also violations of the provisions provided by Items 1 and 6 of article 122 of the Code;

15-2) at the initiative of the guardian or the custodian, foster tutors, adoptive parents, reception professional tutors or on own initiative in the presence of reasonable excuses (disease, change of property status, lack of mutual understanding with the ward and others) exempts them from execution of the obligations by them;".

5. In the order of the Government of the Republic of Kazakhstan of August 19, 2022 No. 581 "Some questions of the Ministry of Public Education of the Republic of Kazakhstan":

in Regulations on the Ministry of Public Education of the Republic of Kazakhstan approved by the specified resolution:

in Item 15:

193) to state the subitem in the following edition:

"193) exception of the organizations of education of the state digital register of permissions and notifications;";

195) to state the subitem in the following edition:

"195) maintaining the state digital register of permissions and notifications;";

exclude subitem 210-1).

 

 

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