I.O.'S ORDER OF THE MINISTER OF EDUCATION OF THE REPUBLIC OF KAZAKHSTAN

of May 5, 2026 No. 117-HK

About modification and amendments in some orders

I ORDER:

1. Approve the enclosed list of some orders to which changes and additions are made.

2. To committee on protection of the rights of children of the Ministry of Public Education of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Public Education of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Public Education of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item of the order.

3. To impose control of execution of this order on the supervising vice-minister of education of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication

Approved by the Order of the acting minister of education of the Republic of Kazakhstan of May 5, 2026, No. 117-HK

The list of some orders to which changes and additions are made

1. Bring in the order of the Minister of Education and Science of the Republic of Kazakhstan of January 16, 2015 No. 14 "About approval of the Regulations on foster education" (it is registered in the Register of state registration of regulatory legal acts at No. 10285) the following changes and amendment:

state preamble in the following edition:

"According to Item 3 of article 133 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" I ORDER:";

in Regulations on the foster education approved by the specified order:

state Items 1 and 2 in the following edition:

"1. This Regulations on foster education (further – the Provision) are developed according to Item 3 of article 133 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further – the Code).

2. Guardianship or custody in the form of patronage is established over the minor orphan children and children without parental support (further – child(children)) including who are in the organization of education, medical or other organization.";

state Item 6 in the following edition:

"6. Transfer of child(children) on foster education is performed proceeding from interests of child(children) for ensuring family education.

His relatives, and in case of their absence – the faces consisting in the registered scrap (matrimony) have the privilege to foster education of child(children).";

state Item 9 in the following edition:

"9. Foster tutors are full age persons, except for the following persons:

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

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

3) discharged of the obligations of the guardian or custodian, foster tutor, adoptive parent, reception professional tutor, for improper execution assigned to it by the law of the Republic of Kazakhstan of obligations;

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

5) persons who for health reasons cannot perform obligations of the guardian or the custodian;

6) persons which do not have the permanent residence;

7) 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);

8) stateless persons;

9) persons who at the time of establishment of guardianship or custody have no the income providing to the ward the subsistence minimum established by the legislation of the Republic of Kazakhstan;

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

11) 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 9-1 of the following content:

"9-1. If persons which expressed desire to become foster tutors are married (matrimony) or jointly live with other persons, the requirements established by subitems 1), 2), 3), 4), 5), 7) and 11) of part one of Item 1 of article 122 of the Code 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 person, who expressed desire to become the foster tutor jointly.";

6) of Item 10 to state the subitem in the following edition:

"6) health declarations of person which expressed desire to become the foster tutor and also the spouse (-and) if is married, and the other persons jointly living with person which expressed desire to become the foster tutor (in the presence), confirming absence of diseases according to the list of diseases in the presence of which person cannot adopt the child accept it under guardianship or custody, patronage, the approved order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 (it is registered in the Register of state registration of regulatory legal acts at No. 12127), and also 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 form, the Minister of Health of the Republic of Kazakhstan approved by the order 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);";

2) of Item 18 to state the subitem in the following edition:

"2) medical documentation of form No. 052-2/u "The passport of health of the child" and form No. 065/at "The passport of immunization", approved by the order of the deputy. The Minister of Health of the Republic of Kazakhstan of October 30, 2020 No. KR DSM-175/2020 "About approval of forms of accounting documentation in the field of health care, and also instructions for their filling" (it is registered in the Register of state registration of regulatory legal acts at No. 21579);".

2. Bring in the order of the Minister of Education and Science of the Republic of Kazakhstan of June 28, 2016 No. 402 "About approval of the Regulations on guest family" (it is registered in the Register of state registration of regulatory legal acts at No. 14053) the following changes:

state preamble in the following edition:

"According to Item 2 of article 137-1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" I ORDER:";

in the Regulations on guest family approved by the specified order:

state Item 1 in the following edition:

"1. This Regulations on guest family (further – the Provision) are developed according to Item 2 of article 137-1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further – the Code).";

state Item 8 in the following edition:

"8. In guest family only full age persons, except for accept child(children):

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

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

3) persons discharged of obligations of the guardian or custodian, foster tutor, adoptive parent, reception professional tutor for improper execution of the obligations assigned to it by the law of the Republic of Kazakhstan;

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

5) persons who for health reasons cannot perform obligations of the guardian or the custodian;

6) persons which do not have the permanent residence;

7) 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);

8) stateless persons;

9) persons who at the time of registration of the child in guest family have no the income providing to the ward the subsistence minimum established by the legislation of the Republic of Kazakhstan;

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

11) 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 item 4 of article 91 of the Code (except for close relatives of the child).";

5) of Item 9 to state the subitem in the following edition:

"5) health declarations of person wishing to accept the child in guest family and (or) the spouse (-and) if is married, confirming absence of diseases according to the list of diseases in the presence of which person cannot adopt the child, accept it under guardianship or custody, patronage, the approved order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 (it is registered in the Register of state registration of regulatory legal acts at No. 12127), and also data on condition on dynamic observation (or lack of dynamic observation) from the Center of mental health "Narcology", the Center of mental health "Psychiatry" according to form, the Minister of Health of the Republic of Kazakhstan approved by the order 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);".

3. Bring in the order of the Minister of Education and Science of the Republic of Kazakhstan of June 29, 2016 No. 407 "About approval of Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support" (it is registered in the Register of state registration of regulatory legal acts at No. 14067) the following changes and amendment:

state preamble in the following edition:

"According to Item 2 of article 89 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" I ORDER:";

in Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support approved by the specified order:

state Item 1 in the following edition:

"1. These rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support are developed according to Item 2 of article 89 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further – the Code), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state and socially responsible services" (further – the Law) and determine accounting treatment for the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support (further – uslugopoluchatel).";

state Items 3 and 4 in the following edition:

"3. Accounting of citizens is made by local executive bodies of the cities of republican value, the capital, areas, cities of regional value (further – the service provider) at the place of residence of citizens.

The term of consideration of documents and registration of persons wishing to adopt children constitutes 10 (ten) working days.

4. Citizens full age persons, except for are registered:

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 by 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. The list of diseases in the presence of which person cannot adopt the child, accept it under guardianship or custody, patronage, it is 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. 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 of the Code 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.";

state Item 9 in the following edition:

"9. Data on identity documents of uslugopoluchatel and the spouse (-and) if is married, the other persons jointly living with uslugopoluchatel (in the presence), confirming the property right to the dwelling of uslugopoluchatel and (or) the spouse (-and), the certificate of birth of children, the certificate on marriage in the absence of data in the information system "Registration Item REGISTRY OFFICE", and also 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) of uslugopoluchatel and the spouse (-and) if is married, and other persons, jointly living with uslugopoluchatel (in the presence), the service provider receives from the corresponding state information systems through lock of "the electronic government".

Uslugopoluchatel agrees to the service provider to use of the data which are the secret protected by the law, containing in information systems when rendering the state service if other is not provided by the laws of the Republic of Kazakhstan.

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.

In case of representation by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider refuses to uslugopoluchatel further review of the statement.

If is married, the other persons jointly living with uslugopoluchatel (in the presence) the body receives data on availability or lack of criminal record of uslugopoluchatel and the spouse (-and) from information system of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan.";

third Item 11 to state the paragraph in the following edition:

"The procedure of hearing is carried out according to article 73 APPK RK.";

be reworded as follows appendix 1 according to appendix 1 to this list of some orders to which changes and additions are made.

4. Bring in the order of the Minister of Education and Science of the Republic of Kazakhstan of October 7, 2016 No. 597 "About approval of the Regulations on foster home" (it is registered in the Register of state registration of regulatory legal acts at No. 14425) the following changes and amendment:

state preamble in the following edition:

"According to Item 2 of article 132-1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" I ORDER:";

in the Regulations on foster home approved by the specified order:

state Item 1 in the following edition:

"1. This Regulations on foster home (further – the Provision) are developed according to Item 2 of article 132-1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further – the Code).";

state Item 3 in the following edition:

"3. Transfer of child(children) to foster home is performed in families of the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan on condition of registration in the Republican databank.

By transfer of child(children) to foster home his relatives, and in case of their absence – the faces consisting in the registered scrap (matrimony) have the privilege.";

4) of item 4 to state the subitem in the following edition:

"4) health declarations of person who showed willingness to take children in foster home and the other persons jointly living with persons who showed willingness to take the children in foster home (in the presence) confirming absence of diseases according to the list of diseases in the presence of which person cannot adopt the child accept it under guardianship or custody, patronage, the approved order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 (it is registered in the Register of state registration of regulatory legal acts at No. 12127), and also 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 form, the Minister of Health of the Republic of Kazakhstan approved by the order 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);";

state Item 5 in the following edition:

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

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

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

3) discharged of obligations of the guardian or custodian, foster tutor, adoptive parent, reception professional tutor for improper execution of the obligations assigned to it by the law of the Republic of Kazakhstan;

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

5) persons who for health reasons cannot perform obligations of the guardian or the custodian;

6) persons which do not have the permanent residence;

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