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Surrogacy in Kazakhstan Printable version
Last update: 12.01.2023
Pursuant to Article 146 of the Code of the Republic of Kazakhstan “On People's Health and Healthcare System”, assisted reproductive technologies (hereinafter: ART) include infertility treatment methods (artificial insemination, in vitro fertilization and embryo implantation) upon application of which some or all of the stages of conception and early embryo development are carried out outside a maternal body (including use of donated and (or) cryopreserved sex cells, reproductive organs and embryos tissues, and also surrogacy).
Article 1 of the Code of the Republic of Kazakhstan as of December 26, 2011 “On Marriage and Family” (hereinafter: Code) sets forth definitions for surrogacy, surrogate mother and surrogacy contract:
- surrogate mother: a woman bearing a child after application of assisted reproductive technologies and giving birth to a child (children) for customers under a surrogacy contract;
- surrogacy: bearing and birth of a child (children), including cases of premature delivery under a contract between a surrogate mother and spouses with payment of remuneration;
- surrogacy contract: notarized written agreement between spouses willing to have a child and a woman who gave her consent to bear and give birth to a child through application of assisted reproductive technologies.
Article 54 of the Code covers regulations for conclusion of surrogacy contract, which is executed in writing with observance of the requirements stipulated by the civil legislation of the Republic of Kazakhstan.
Thus, conclusion of a surrogacy contract specifies parental rights and liabilities of spouses (customers) for a child born as the result of assisted reproductive technologies application.
It should be noted that concurrently with surrogacy contract conclusion, spouses (customers) also execute a contract on delivery of relevant services by a medical organization applying assisted reproductive technologies.
Article 56 of the Code sets forth requirements imposed on a surrogate other, including:
1) subclause 1 of article 56 specifies that a woman willing to become a surrogate mother should be aged between 20 and 35, has a good physical, mental and reproductive health certified by a medical organization statement and also have a healthy child of her own.
2) subclause 2 of article 56 specifies that if a surrogate mother is officially married, then a notarized consent of a spouse should be provided when concluding a surrogacy contract.
3) subclause 3 of article 56 specifies that a medical organization applying infertility treatment methods should draw a statement on methods application providing a complete information on the biomaterials (biomaterials of those who want to have children or donated ones) used.
In this case, one copy of statement is enclosed to a notarized surrogacy contract and kept at a place of transaction being made.
Article 57 of the Code specifies rights and liabilities of a surrogacy contract parties:
- When concluding a surrogacy contract, spouses (customers) undertake to:
1) bear financial expenses related to undergoing of medical examination by a surrogate mother;
2) bear financial expenses related to application of infertility treatment methods;
3) provide a medical statement on physical/mental health, and also results of medicogenetic examination to a medical organization applying infertility treatment methods;
4) pay for expenses related to medical examination of surrogate mother during pregnancy, childbearing and within fifty six days after giving birth, while in case of complications related to pregnancy and delivery, pay for the expenses within seventy days after delivery.
- Pursuant to Article 56, when concluding a surrogacy contract, a surrogate mother undertakes to:
1) provide customers with a medical statement on physical/mental and reproductive health;
2) undergo regular check-ups and strictly follow recommendations and prescriptions;
3) inform a contract parties on course of pregnancy with frequency set forth in a surrogacy contract;
4) hand over a child to a surrogacy contract parties.
- A surrogate mother does not have a right to hand over a child to other individuals.
- In case if a surrogate mother has a permanent job then an issue of labour activities continuation is settled by mutual agreement between a surrogacy contract parties.
- A surrogate mother is responsible for pregnancy after application of infertility treatment methods pursuant to a surrogacy contract and should exclude the possibility of natural pregnancy.
- Issue of multifetal pregnancy is settled by mutual agreement between a surrogacy contract parties.
