Surrogacy program

Surrogacy is an assisted reproductive technology in which three individuals participate in the conception and birth of a child:

• a genetic father is a person who has provided his sperm for fertilization and agrees to take on the duties of a father after the birth of a child;
• a genetic mother is a person who has provided her egg for fertilization and agrees to take on the duties of a mother after the birth of a child;
• a surrogate mother is a woman of childbearing age who has agreed to bear and give birth to a child from genetic parents on a reimbursable or gratuitous basis and does not pretend to be the mother of this child.

At the legislative level in Kazakhstan, surrogacy is permitted.

The Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” contains Chapter 9, “Surrogacy and the use of assisted reproductive methods and technologies.”

Article 54 of the Code provides for a surrogacy contract, which is concluded in writing in compliance with the requirements of the civil legislation of the Republic of Kazakhstan and is subject to mandatory notarization. Simultaneously with the surrogacy contract, the spouses (intended parents) conclude an agreement with a medical organization that uses assisted reproductive methods and technologies, which will provide the necessary services.

Article 56 of the Code establishes the requirements for a surrogate mother.

Firstly, a woman wishing to become a surrogate mother must be between twenty and thirty-five years old, have satisfactory physical, mental, and reproductive health, confirmed by the conclusion of a medical organization, and also have her own healthy child.

Secondly, if the surrogate mother is in a registered marriage (matrimony), when concluding a surrogacy contract, it is necessary to submit a written consent of the spouse, which must be notarized.

Thirdly, a medical organization that uses assisted reproductive methods and technologies is obliged to provide a conclusion on their use with complete and exhaustive information about the biomaterials used. This information is provided by the individuals themselves who want to have a child or the donor bank.

One copy of the conclusion is attached to the notarized surrogacy agreement and is stored at the place of the transaction.

According to Article 59 of the Code, spouses (intended parents) are recognized as parents of a child born as a result of the use of assisted reproductive methods and technologies based on a surrogacy agreement.

In other words, the child’s genetic mother is officially recorded as the baby’s mother immediately after birth, and from that moment on, the surrogate mother has nothing to do with this child.

Genetic parents are obliged to bear the material costs associated with the surrogate mother’s medical examination, the use of assisted reproductive technologies (ART), to pay for the medical care of the surrogate mother during pregnancy, childbirth, and within fifty-six days after childbirth. In case of complications related to pregnancy and childbirth, they are obligated to cover the costs within seventy days after childbirth.

A surrogate mother should be regularly monitored by a doctor and strictly follow his recommendations and prescriptions; regularly inform the “intended parents” about the course of pregnancy, and most importantly, transfer the child born to her under the surrogacy program to the “intended parents”.