Legislative and Criminological Problems of Intercountry Adoption of Kazakhstani Children

Lyudmila Aliyeva1, Gulzhazira Ilyassova2, Dinara Rustembekova3, Assel Karibayeva4 & Bulatbek Shnarbayev5

https://doi.org/10.62271/pjc.16.3.565.580

Abstract
The study analyses the features of the adoption institution in Kazakhstan, particularly the adoption of Kazakhstani children by foreign citizens. The aim of the study is to identify the key criminogenic factors and propose ways to enhance the legal and regulatory framework to mitigate the risks of abuse and criminality in intercountry adoptions. The methodological approach incorporates dialectical, systematic, comparative legal, and other methods to investigate this criminological aspect of the adoption system. The authors highlight the characteristic challenges and vulnerabilities in the application of national legislation, as well as the international legal regulation of these cross-border adoptions. Specific attention is paid to the potential for criminal exploitation, such as child trafficking and document falsification, that can arise due to the complex and loosely regulated nature of intercountry adoption. Based on the analysis, the authors conclude that Kazakhstan needs to strengthen the protective measures and oversight mechanisms to safeguard the rights and wellbeing of children subject to adoption by foreign nationals.

Keywords: intercountry adoption; adoption; child rights; protection of child rights; adoption cases; legal and regulatory framework.