A Kazakh woman refused a DNA test during her husband's adoption of a child, whose paternity had already been established, and appealed to the Constitutional Court. The woman believed that the requirement for genetic testing affects the right to privacy. This was reported by Qazaqyia.kz citing Kursiv Media.

The applicant believed that the court's requirement to provide a DNA expert opinion in the absence of a dispute about paternity affects the right to private and family life, the principle of equality, and the right to judicial protection. In her opinion, such a norm also does not correspond to the principle of the priority of the best interests of the child.

The Constitutional Court noted that the institution of adoption is primarily aimed at protecting the rights and interests of the child.

"Molecular genetic examination appointed by the court during the proceedings makes it possible to confirm kinship with the father, ensures the legality and validity of court decisions, and contributes to the realization of the child's right to know their parents," the court explained.

At the same time, the Constitutional Court emphasized that the assessment of the factual circumstances of a particular case is not within its powers.

Taking into account the previously conducted check of the constitutionality of the relevant regulation and the absence of signs of violation of the applicant's rights and freedoms, the court refused to accept the appeal for constitutional proceedings.

Earlier, Kursiv wrote that the Ministry of Justice of the Republic of Kazakhstan plans to purchase equipment that allows determining paternity of a child at the stage of pregnancy.

Importance of DNA testing

In the adoption process, DNA testing is necessary to confirm the child's relationship with the father. This is especially important for establishing the child's origin and protecting their rights. The results of the examination ensure the legality of court decisions and contribute to the realization of the child's right to know their parents.

Position of the Constitutional Court

The Constitutional Court noted that the main purpose of the adoption institution is to protect the interests of the child. The molecular genetic examination appointed by the court is aimed at confirming kinship and ensuring the validity of court decisions. At the same time, the court emphasized that the assessment of the factual circumstances of a particular case is not within its competence.

Arguments of the applicant

The applicant believed that the requirement for DNA testing is an interference in her private life. She also believed that this requirement contradicts the principle of equality and the right to judicial protection. In her opinion, such a norm does not correspond to the principle of the priority of the best interests of the child.

Court decision

The Constitutional Court, based on the results of the check of the constitutionality of the relevant regulation, did not find signs of violation of the applicant's rights and freedoms. Therefore, the appeal was not accepted for constitutional proceedings.

Additional information

Earlier it was reported that the Ministry of Justice of the Republic of Kazakhstan plans to purchase equipment that allows determining paternity at the stage of pregnancy. This could simplify the process of establishing paternity.