Surrogacy in Kazakhstan
Surrogacy motherhood in Kazakhstan
Who can do surrogacy motherhood in Kazakhstan
In Kazakhstan surrogacy can be performed by married heterosexual couples, who have a medical reason that prevents them from gestational surrogacy.
The law of surrogacy in Kazakhstan
According to Article 146 of the Code of the Republic of Kazakhstan of 7 July 2020 "On public health and health care system", additional reproductive methods and technologies (hereinafter referred to as KRT) are methods of infertility treatment (artificial insemination, artificial insemination and embryo implantation), during their use, and fertilization.
Chapter 1 of the Code of the Republic of Kazakhstan "On Marriage (Marriage) and Family" (hereinafter referred to as the Code) defines surrogacy, surrogacy and surrogacy contract:
A surrogate mother is a woman who carries a pregnancy and gives birth to a child (children) after the use of auxiliary reproductive methods and technologies for the client in accordance with the surrogacy contract.
Surrogacy - carrying and giving birth to a child (children), including cases of premature birth, under a contract between a surrogate mother and a married couple, for a fee.
Surrogacy contract is a notarized written agreement between persons who are married (married) and want to have a child and a woman who gives her consent to bear and give birth to a child through the use of auxiliary reproductive methods and technologies.
According to Article 54 of the Code, the surrogacy contract shall be made in writing, subject to the requirements of the civil legislation of the Republic of Kazakhstan, and must be notarized. The conclusion of an agreement on surrogacy
Surrogacy establishes the rights and obligations of the parents of the spouses for the child born as a result of the use of KRT.
Simultaneously with the surrogacy contract, the couple (clients) enters into a contract with a medical organization that provides appropriate services and uses auxiliary reproductive methods and technologies.
Article 56 of the Code specifies the requirements for a surrogate mother, including:
(1) Subsection 1 of Article 56 reads as follows: a woman who wishes to become a surrogate mother must be between twenty and thirty-five years of age, have satisfactory physical, mental and reproductive health, as well as a healthy child of her own, confirmed by the conclusion of a medical organization.
(2) Article 56 (1) reads as follows: if the surrogate mother is in a registered marriage (married), the written consent of the spouse, which must be certified by a notary, must be presented at the conclusion of the surrogacy contract.
(3) Article 56(1) shall read as follows: a medical organization using reproductive methods and assistive technologies is obliged to issue a conclusion on their use with full and sufficient information on the use of biomaterials from the persons who wish to have children or from the donor. bank for this purpose.
Chapter 1 of the Code of the Republic of Kazakhstan "On Marriage (Marriage) and Family" (hereinafter referred to as the Code) defines surrogacy, surrogacy and surrogacy contract:
A surrogate mother is a woman who carries a pregnancy and gives birth to a child (children) after the use of auxiliary reproductive methods and technologies for the client in accordance with the surrogacy contract.
Surrogacy - carrying and giving birth to a child (children), including cases of premature birth, under a contract between a surrogate mother and a married couple, for a fee.
Surrogacy contract is a notarized written agreement between persons who are married (married) and want to have a child and a woman who gives her consent to bear and give birth to a child through the use of auxiliary reproductive methods and technologies.
According to Article 54 of the Code, the surrogacy contract shall be made in writing, subject to the requirements of the civil legislation of the Republic of Kazakhstan, and must be notarized. The conclusion of an agreement on surrogacy
Surrogacy establishes the rights and obligations of the parents of the spouses for the child born as a result of the use of KRT.
Simultaneously with the surrogacy contract, the couple (clients) enters into a contract with a medical organization that provides appropriate services and uses auxiliary reproductive methods and technologies.
Article 56 of the Code specifies the requirements for a surrogate mother, including:
(1) Subsection 1 of Article 56 reads as follows: a woman who wishes to become a surrogate mother must be between twenty and thirty-five years of age, have satisfactory physical, mental and reproductive health, as well as a healthy child of her own, confirmed by the conclusion of a medical organization.
(2) Article 56 (1) reads as follows: if the surrogate mother is in a registered marriage (married), the written consent of the spouse, which must be certified by a notary, must be presented at the conclusion of the surrogacy contract.
(3) Article 56(1) shall read as follows: a medical organization using reproductive methods and assistive technologies is obliged to issue a conclusion on their use with full and sufficient information on the use of biomaterials from the persons who wish to have children or from the donor. bank for this purpose.
A copy of the conclusion is attached to the surrogacy contract certified by a notary and kept at the place of conclusion of the transaction.
Article 57 of the Code sets out the rights and obligations of the parties to the surrogacy contract:
When entering into a surrogacy contract, the spouses (clients):
Increase material costs related to the medical examination of the surrogate mother;
Increase the material costs related to the use of secondary reproductive methods and technologies;
To submit a medical report on health and mental health, as well as the results of medical and genetic researches, which are specific to the medical organization using auxiliary reproductive methods and technologies;
The surrogate mother is obliged to pay the costs of medical services during pregnancy, delivery and within fifty-six days after delivery, and in case of complications related to pregnancy and delivery, to pay the costs within seventy days.
When entering into a surrogacy contract, a surrogate mother shall, in accordance with the requirements of Article 56:
Provide clients with a medical report on her physical health, mental health and reproductive health;
Be under the constant supervision of a doctor and strictly follow his or her recommendations and prescribed treatments;
To inform the persons with whom the surrogacy contract has been concluded of the progress of the pregnancy at the intervals stipulated in the surrogacy contract;
He is obliged to hand over the child born to the persons who have concluded a surrogacy contract with him.
The surrogate mother has no right to give the child to other persons.
When the surrogate mother has a permanent job, the question of continuation of work is settled by mutual agreement between the parties to the surrogacy contract. After the use of reproductive methods and technologies, the surrogate mother is responsible for the pregnancy provided for in the surrogacy contract and should not provide for the possibility of natural pregnancy.
The issue of multiple pregnancies is resolve by mutual agreement between the parties to the surrogacy contract.
Article 57 of the Code sets out the rights and obligations of the parties to the surrogacy contract:
When entering into a surrogacy contract, the spouses (clients):
Increase material costs related to the medical examination of the surrogate mother;
Increase the material costs related to the use of secondary reproductive methods and technologies;
To submit a medical report on health and mental health, as well as the results of medical and genetic researches, which are specific to the medical organization using auxiliary reproductive methods and technologies;
The surrogate mother is obliged to pay the costs of medical services during pregnancy, delivery and within fifty-six days after delivery, and in case of complications related to pregnancy and delivery, to pay the costs within seventy days.
When entering into a surrogacy contract, a surrogate mother shall, in accordance with the requirements of Article 56:
Provide clients with a medical report on her physical health, mental health and reproductive health;
Be under the constant supervision of a doctor and strictly follow his or her recommendations and prescribed treatments;
To inform the persons with whom the surrogacy contract has been concluded of the progress of the pregnancy at the intervals stipulated in the surrogacy contract;
He is obliged to hand over the child born to the persons who have concluded a surrogacy contract with him.
The surrogate mother has no right to give the child to other persons.
When the surrogate mother has a permanent job, the question of continuation of work is settled by mutual agreement between the parties to the surrogacy contract. After the use of reproductive methods and technologies, the surrogate mother is responsible for the pregnancy provided for in the surrogacy contract and should not provide for the possibility of natural pregnancy.
The issue of multiple pregnancies is resolve by mutual agreement between the parties to the surrogacy contract.
In whose name will the baby be register after birth?
In the surrogacy process in KAZAKHSTAN, you do not obtain a judgment but a birth certificate with the Hague Apostille. The child will come in the name of the father, and the surrogate mother must adopt the child once in the parents' country of origin.
Only heterosexual married couples
If you wish to know in more detail what happened, we advise you to read the following section of this press release, more focused on the technical part, for those parents who wish to deepen and better understand what is happening.
An in-country assistance manager in your language (English, French, Italian, German, Spanish)
Our staff will assist you in our office in Astaná (Kazakhstan) in your language. In a process where legal issues are mixed with medical issues, it is important to speak the same language and to understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
It is something that seems obvious, when with some agencies you are lucky enough to speak to an advisor in your language, but as soon as you sign the contract, the rest of the staff do not speak it, and you will have to defend yourself in English, or in another language, with translators. Make sure if you talk to other agencies that this will not happen. A year and a half (the length of a process) having to speak other languages is very stressful.
It is something that seems obvious, when with some agencies you are lucky enough to speak to an advisor in your language, but as soon as you sign the contract, the rest of the staff do not speak it, and you will have to defend yourself in English, or in another language, with translators. Make sure if you talk to other agencies that this will not happen. A year and a half (the length of a process) having to speak other languages is very stressful.
Own office in Kazakhstan
Gestlife has its own office in this country. We are not intermediaries. Our staff will attend you in our office in Astana, Kazakhstan, in your language. In a process in which legal matters are mixed with medical matters, it is important to speak the same language and understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
Legal assistance in Kazakhstan
Gestlife has lawyers in its office in Astana, Kazakhstan, to assist you throughout the whole process.
Legal assistance in your home country
Most "agencies" finish their work when they hand over the baby to you. Others help you to leave the country, but then it is up to you to register your baby in your country of origin. At Gestlife we have a network of lawyers in all countries to take care of the final paperwork in your home country so that you can register your child without any problems.
Personal assistance during your travels
We do our best to make the surrogacy process a pleasure trip, not a nightmare. But mishaps can always arise, which can endanger the commissioning parents (illness, accident). Gestlife takes care of managing your travel assistance insurance, to guarantee you complete assistance in the event of any incident, and we take care of managing and organizing all the services related to this issue, so that you don't have to worry about it. Our philosophy is to take care of the parents 24 hours a day.
Cost of surrogacy in Kazakhstan
The cost of a surrogacy process in Kazakhstan, costs between 68.000 and 88.000 euros depending on the selected program and guarantees.
Which programs can I take out in Kazakhstan?
In all our countries, you can book the following programs:
🔹 BASIC
🔹 STANDARD
🔹 STANDARD PLUS
🔹 STANDARD PLUS PREMIUM
You can consult the services included in each program in the dossiers of each country. Ask your family advisor for them, with no obligation.
🔹 BASIC
🔹 STANDARD
🔹 STANDARD PLUS
🔹 STANDARD PLUS PREMIUM
You can consult the services included in each program in the dossiers of each country. Ask your family advisor for them, with no obligation.
HIV, Hepatitis and sexually transmitted diseases
Gestlife is one of the few agencies that have programs for parents who test positive for HIV, Hepatitis or sexually transmitted diseases. Nowadays, this is not an impediment to parenthood. If this is your case, consult with your family counsellor, and we will be happy to help you.
Special features of the country
Kazakhstan has a population of just over 18 million.
Kazakhs account for 68.5% of the population and Russians 18.8%, with a rich variety of other groups represented, including Tatars (1.1%), Ukrainians (1.4%), Uzbeks (3.2%), Belarusians, Uighurs (1.4%), Azeris, Poles and Lithuanians. Other European minorities include Germans (1.1%). The 1990s were marked by the emigration of many Kazakhs to Russia and Germany, a process that began in the 1970s. This has made indigenous Kazakhs the largest ethnic group. Other factors in Kazakhstan's population growth are higher birth rates and immigration of ethnic Kazakhs from the People's Republic of China, Mongolia and Russia.
In the 21st century, Kazakhstan has become one of the leading nations in international adoptions. This has provoked some criticism in the Kazakh Parliament, due to concerns about the safety and treatment of children abroad and questions about the low level of the population in Kazakhstan.
Kazakhs account for 68.5% of the population and Russians 18.8%, with a rich variety of other groups represented, including Tatars (1.1%), Ukrainians (1.4%), Uzbeks (3.2%), Belarusians, Uighurs (1.4%), Azeris, Poles and Lithuanians. Other European minorities include Germans (1.1%). The 1990s were marked by the emigration of many Kazakhs to Russia and Germany, a process that began in the 1970s. This has made indigenous Kazakhs the largest ethnic group. Other factors in Kazakhstan's population growth are higher birth rates and immigration of ethnic Kazakhs from the People's Republic of China, Mongolia and Russia.
In the 21st century, Kazakhstan has become one of the leading nations in international adoptions. This has provoked some criticism in the Kazakh Parliament, due to concerns about the safety and treatment of children abroad and questions about the low level of the population in Kazakhstan.
