The statement by Mazhilis deputy Abzal Kuspan about polygamy caused widespread public outcry, after which claims appeared online that the parliamentarian had supposedly proposed legalising the practice. The deputy himself refuted these interpretations and published a detailed explanation of his position. He emphasised that he is against polygamy, does not support or justify it, and in the interview spoke about the need for legal protection of children born outside of official marriage.
On his Facebook page, the Mazhilis member noted that his response in the interview with the journalist was partially distorted, so he set out his position in detail. Abzal Kuspan stressed that the topic of 'second wives' has no personal relevance to him: he has one wife, and he does not consider polygamy for himself. He described his attitude towards polygamy as unequivocally negative.
According to him, a discussion of a personal moral assessment of the phenomenon must be kept separate from the issue of protecting the rights of children who have already been born and continue to be born into such relationships.
The deputy cited examples of European countries where, back in the 20th century, the very term 'illegitimate child' was abolished, equalising all children in rights in accordance with the norms of the UN Convention on the Rights of the Child. Kazakhstan has ratified this document, however, as Kuspan notes, its practical mechanisms have not been fully implemented in the country.
According to him, Article 52 of the Code on Marriage and Family of the Republic of Kazakhstan also enshrines the equality of children, but the implementation of this norm depends entirely on the actions of the mother, her willingness to go to court, establish paternity, and pursue child support.
Kuspan stresses that the state must protect the rights of a child regardless of the mother's activity and that this principle aligns with Kazakhstan's international obligations. In his words, it is necessary to legislate the obligation of the state to protect the rights of the child on its own initiative, through authorised bodies.
"I do not justify or promote polygamy or extramarital relationships. On the contrary, I have an unequivocally negative attitude towards this phenomenon, as I said during the interview. But, in rejecting the phenomenon, we cannot deny the fact of the birth of children and the state's responsibility towards them. This is not about supporting polygamy, but about protecting the rights of the child – regardless of the circumstances in which they were born," the statement reads.
The deputy described two possible responses to the problem: to ignore its existence, or to provide for liability for violating the ban on polygamy.
He noted that currently the norm of the Code on Marriage and Family is not actually working, because no sanctions are provided for its violation.
"Even if such liability is introduced in the future, it cannot have retroactive effect: it will not affect those who have already entered into such relationships. Because, according to the general principle of law, a law that worsens a person's situation does not have retroactive effect," the deputy noted.
According to Abzal Kuspan, the issue of 'second wives' and children born out of wedlock must be addressed not in the realm of morality, but in the realm of law. As noted, his position concerns only the protection of the rights of the child and the need for legal regulation of an already existing social reality — not support for polygamy.