Key laws and policies
The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family
(26 December, 2011, No. 518-IV) was amended in 2014. Available at http://online.zakon.kz/Document/?doc_id=31583872, (accessed 22 February 2015).
Permitted and regulated practices
Commercial surrogacy is permitted and regulated by Chapter 9 of the Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family.
Article 54. Surrogacy contract
- Must be in writing
- Suggests parental rights of the commissioning persons
A surrogacy contract must contain (Article 55):
- Details of spouses (customers) and a surrogate mother
- The order and conditions of payment of financial expenses for maintenance of a surrogate mother
- The rights, obligations, and responsibility of parties in case of non-fulfillment of the contract conditions
- The amount and order of compensations
- The other conditions, as well as the acts of providence
Requirements, specified to a surrogate mother (Article 56):
- The surrogate mother must be aged twenty to thirty five years, with satisfactory physical, mental, and reproductive health, confirmed by opinion of a healthcare organization, as well as must have her own healthy child.
- If the surrogate mother is married, the notarized agreement of the spouse shall be provided in a written form during conclusion of the surrogate contract.
Information to be kept about people whose biological material is used: Article 56 also requires that a healthcare organization keep comprehensive information on the used biological material of all parties (including donors). A copy of the opinion shall be attached to the notarized surrogacy contract and shall be kept at the place of settlement of transaction.
Article 57. The rights and obligations of parties of the surrogacy contract
Spouses (customers) must:
- Incur the financial expenses linked with medical checkup of a surrogate mother
- Incur the financial expenses linked with application of assisted reproductive methods and technologies
- Undergo physical and mental health examination and provide results to health care organization
- Pay expenses of medical services of surrogate mother during the period of pregnancy, maternity, and within fifty-six days after childbearing, and in case of birth complications linked with pregnancy and childbearing; spouses shall be obliged to disburse expenses within seventy days after the childbearing.
Surrogate mother is obliged to:
- Provide medical opinion of her physical, mental, and reproductive health to customers
- Be followed up by a doctor and fully comply with his (her) recommendations and medical disposals
- Inform the persons that concluded the contract with her on gestation course with periodicity, mentioned in the surrogacy contract
- Transfer a child to the persons who concluded the surrogacy contract with her
A surrogate mother shall not have the right to transfer a child to other persons.
The legislation also provides:
- "A surrogate mother shall incur a liability for pregnancy, provided by the surrogacy contract after application of assisted reproductive methods and technologies, and shall be obliged to preclude the possibility of natural pregnancy."
- "The issue on carrying of a multiple pregnancy shall be decided by the mutual agreement of the parties of the surrogacy contract."
Legal Parentage—Surrogacy: (Article 59):
- The "spouses (customers) shall be recognized as the parents of a child, born in a result of assisted reproductive methods and technologies on the basis of the surrogacy contract."
In case of birth of two and more children in a result of application of such methods and technologies or according to the surrogacy contract, spouses (customers) shall incur liability for each born child in equal measure.
Article 58. Application of assisted reproductive methods and technologies
- Assisted reproductive methods and technologies may be used by married women and single women who have attained the majority age and have satisfactory physical, mental, and reproductive health, confirmed by the opinion of a healthcare organization.
- A woman carrying and giving a birth to a child as a result of assisted reproductive methods and technologies, including the usage of a donor’s semen, shall be the genetic mother.
Note: Since 2010, in vitro fertilization for infertile couples is included in the guaranteed volume of free medical care. According to the Ministry of Health, in 2010 there were 100 cycles, and in 2012 there were 600 cycles. It is planned to increase their number to 750 by 2015. Couples who have had children previously are excluded.
Access to Information
- In case of a child’s birth as a result of application of assisted reproductive methods and technologies, information about the parents of the child shall be registered as per the method described above in relation to surrogacy.