Establishing Paternity and Recovering Alimony
⚖️ Establishing Paternity and Recovering Alimony in Kazakhstan When the Mother is a Foreigner and the Father is a Citizen of the Republic of Kazakhstan (2026)
Practical Guide for Citizens of the Russian Federation, Uzbekistan, Kyrgyzstan, and Other Countries
Kazakhstan Court · DNA Testing · Alimony · Child Rights Protection
Publication Date: January 16, 2026
Author: Attorney Samat Serikovich Sagidanov
Key Topics: Foreigner in Kazakhstan, alimony from a RK citizen, establishing paternity, DNA testing, international cases.
Introduction: Why Foreign Mothers Lose Alimony — and Why This Can Be Avoided
If you are a foreign citizen and have a child with a citizen of Kazakhstan, and the father:
- Refuses to recognize the child;
- Does not pay alimony;
- Avoids DNA testing;
- Claims that "you are nobody here" —
You are experiencing double stress:
1. Legal — you do not understand if you have rights;
2. Migration-related — you fear that any court appearance will lead to problems.
👉 Unscrupulous fathers often exploit this very fear.
Key Fact:
The mother's citizenship does not deprive the child of the right to protection in the courts of the Republic of Kazakhstan.
In practice, the courts of the RK react strictly to fathers evading child support — regardless of whether you are a citizen of Kazakhstan or not.
However, there is a vital nuance:
⚠️ In cases with an "international element," an error in the initial lawsuit almost always leads to the return of documents. This means a loss of time and alimony.
🛑 Main Risks for a Foreign Mother (Why You Cannot Use a "Template")
Most rejections happen not due to a lack of rights, but because of formal errors.
Most Common Problems:
1️⃣ Translation and Legalization of Documents
If the child was born outside the RK:
- The birth certificate must have an apostille or consular legalization;
- A notarized translation into Russian or Kazakh is mandatory.
Without these, the court will not accept the documents for consideration.
2️⃣ Jurisdiction and Addresses
Typical questions:
- Where to file the lawsuit if you live abroad?
- What to do if you do not have a registration (propiska) in the RK?
- Can the lawsuit be filed remotely?
❗️ Wrong choice of court = return of the lawsuit without consideration.
3️⃣ Errors in the Defendant's Data
If the court's decision contains:
- Errors in the Full Name;
- Incorrect IIN (Individual Identification Number);
- Inaccuracies in dates;
👉 The bailiff will not be able to actually recover alimony — even if you win the case.
⚖️ Can a Foreigner File a Lawsuit in a Kazakhstan Court?
In short: Yes, they can.
The legislation of the Republic of Kazakhstan:
- Does not restrict the right of foreigners to appeal to the court;
- Protects the rights of the child regardless of the mother's citizenship.
The lawsuit is filed:
- To the Specialized Inter-district Juvenile Court;
- At the place of residence of the father (the RK citizen).
📌 Your migration status is not grounds for refusing the lawsuit.
DNA Testing: The Main Tool in Foreigners' Cases
Molecular genetic testing is the key piece of evidence.
- Cost: On average from 70,000 to 250,000 tenge.
- The court itself determines the laboratory or provides a choice.
What if the father does not show up for the test?
⚖️ In accordance with Part 8 of Article 82 of the Civil Procedure Code of the RK:
If the defendant evades participation in the expertise, the court has the right to recognize the fact of paternity as established.
📌 In practice:
- Failure to appear;
- Ignoring subpoenas;
- Refusal to provide biological material;
— these work against the father, not the mother.
💰 Alimony if the Mother is a Foreigner
Alimony is recovered for the child, not "in favor of a citizen of the RK."
Amount:
- 1/4 of income — for one child;
- If income is hidden — based on the average monthly salary in the region;
- Recovery in a fixed monetary sum (based on MRP) is possible.
📆 Alimony is calculated from the date the lawsuit is filed, not the date of the court's decision.
⚠️ Every month of delay is money the father will not have to pay retroactively.
📄 Paternity Lawsuit: Important Warning
It is easy to find "lawsuit templates" on the internet. However, in cases where the mother is a foreigner, templates are dangerous.
❗️ Judicial practice shows:
A self-filed lawsuit by a foreigner often ends in return on formal grounds:
- International jurisdiction is not properly addressed;
- Documents are not legalized;
- Requirements are formulated incorrectly.
🛑 The first lawsuit is decisive.
🚨 Why You Should Not Delay Consulting an Attorney
1️⃣ Alimony is lost daily — it is only accrued from the moment the lawsuit is filed.
2️⃣ The defendant may:
- Change jobs;
- Hide income;
- Transfer property to others.
3️⃣ In cases with an international element, courts do not give a second chance to "try again."
📣 What I Offer to Foreign Citizens
If you find yourself in this situation, I will:
✔ Analyze your documents before filing the lawsuit;
✔ Check if there is enough evidence for a DNA test;
✔ Prepare the lawsuit considering the international element;
✔ Handle the case in the courts of Kazakhstan, even if you are abroad;
✔ Lead the process until the actual recovery of alimony.
📱 Direct Contact (WhatsApp): +7 702 847 80 20
📧 Email: garantplus.kz@mail.ru
Conclusion
If the father of your child is a citizen of Kazakhstan, he cannot hide behind your foreign passport. The child's right to support and protection is recognized by the courts of the RK.
The main thing is to act with legal precision and without errors from the very first step.
