In Kazakhstan, a dispute has arisen over the mandatory DNA testing for a child's adoption by a stepfather. A woman whose husband was already recognized as the father refused to undergo genetic testing and appealed to the Constitutional Court, considering the requirement an invasion of privacy. However, the court sided with the law, explaining that such testing serves to protect the child's rights, reports infohub.kz.
The applicant argued that the provision requiring DNA testing even in the absence of a paternity dispute violates her right to private and family life, the principle of equality, and the right to judicial protection. In her view, it also contradicts the principle of the best interests of the child.
The Constitutional Court emphasized that the institution of adoption is primarily aimed at protecting the rights and interests of minors. "Molecular genetic testing ordered by the court during proceedings allows confirming biological relationship with the father, ensures the legality and validity of court decisions, and facilitates the child's right to know their parents," the court explained.
At the same time, the court noted that assessing the factual circumstances of a particular case is not within its jurisdiction. Given that the constitutionality of the relevant regulation had already been previously reviewed, and no signs of violation of the applicant's rights and freedoms were found, the court refused to accept the appeal for consideration.
Earlier, it was reported that the Ministry of Justice of Kazakhstan plans to purchase equipment that would allow establishing paternity as early as the pregnancy stage.