In Kazakhstan, the Constitutional Court has reviewed a citizen's appeal challenging the constitutionality of requiring a DNA test when her husband adopts a child. The woman argued that this requirement violates her rights to private and family life, as well as the principle of equality and the right to judicial protection, reports infohub.kz.
The applicant claimed that the court should not have ordered a molecular genetic examination since there was no dispute over paternity. In her view, this contradicts the principle of the best interests of the child.
However, the Constitutional Court disagreed with the applicant's arguments. In its ruling, the court noted that the institution of adoption aims to protect the rights and interests of the child. Ordering a DNA test during court proceedings helps confirm kinship with the father, ensuring the legality and validity of court decisions. Moreover, it facilitates the child's right to know their parents.
The court also reminded that assessing the factual circumstances of a specific case is not within its jurisdiction. Thus, the examination is seen as a way to confirm kinship with the father, and its ordering is primarily linked to protecting the child's rights.
In the end, the woman's appeal was not accepted for constitutional proceedings. The court explained that the constitutionality of the relevant regulation had already been reviewed, and no signs of violation of the applicant's rights and freedoms were found, so the appeal was rejected.