Many families are more concerned about the legal policy of surrogacy in Kazakhstan becausePrices of surrogacy in KazakhstanRelatively favorable inCountries with legal surrogacy worldwideInside, it is a good choice. This article explains to you in detail, the policies related to surrogacy in Kazakhstan.
Who can be a surrogate in Kazakhstan?
In Kazakhstan, persons who are unable to conceive for medical reasonsSurrogacy is available to married heterosexual couples. This means that neither single, nor homosexual people can have surrogacy in Kazakhstan.
Law on surrogacy in Kazakhstan
In accordance with article 146 of the Code of the Republic of Kazakhstan "On public health and the health-care system" of 7 July 2020, additional reproductive methods and technologies (hereinafter referred to as KRT) are methods of treating infertility (artificial insemination, embryo implantation and fertilization).
Chapter 1 of the Code of the Republic of Kazakhstan, "On marriage (matrimony) and the family" (hereinafter referred to as the Code) defines surrogacy, surrogacy and surrogacy contracts:
A surrogate mother is a woman who, as agreed in the surrogacy contract, conceives and gives birth to a child(ren) for her client using alternative reproductive methods and techniques;
A paid contract between a surrogate mother and a married couple to conceive and give birth to a child (including in cases of premature birth);
A surrogacy contract is a notarized written agreement between a married couple with a desire to have children and a woman who agrees to have a child through assisted reproductive methods and techniques;
Pursuant to article 54 of the Surrogacy Act, a surrogacy contract shall be in writing and in accordance with the requirements of the civil legislation of the Republic of Kazakhstan, and must be notarized. The conclusion of a surrogacy agreement establishes the rights and obligations of the parents of a child born using KRT.
At the same time as the surrogacy contract is signed, the couple (client) signs a contract with the surrogacy agency, the medical institution that uses alternative methods and technologies of reproduction.
Article 56 of the Civil Code establishes the conditions for surrogate motherhood, including:
1. Article 56, paragraph 1, stipulates that the mother applying for surrogacy must be between the ages of 20 and 35, be in good physical, mental and reproductive health and already have a healthy child, as confirmed by a medical institution.
2. Article 56, paragraph 1, provides that if the surrogate mother is registered as married, the written consent of the spouse must be notarized and presented at the time of signing the surrogacy contract.
3. Article 56, paragraph 1, stipulates that medical institutions using assisted reproduction methods and techniques are obliged to certify that the genetic material used comes from the genetic pool of the couple who want to have a child or from the donor gene pool.
A copy of the legal instrument shall be attached to the subrogation contract, certified by a notary and kept in Kazakhstan.
Article 57 of the Surrogacy Act sets out the rights and obligations of the parties to a surrogacy contract:
Intended parents at the time of the surrogacy contract:
Responsible for the cost of materials related to the medical examination of the surrogate mother;
Responsible for the cost of materials associated with the use of assisted reproductive technologies and techniques;
Provision of medical reports on health and mental health conditions and the results of medical and genetic studies using assisted reproduction methods and techniques to specific institutions of the medical establishment;
The surrogate mother is obliged to pay, within 70 days, the medical expenses during the pregnancy, during the delivery and for fifty-six days after the delivery, as well as the expenses for any complications related to the pregnancy and the delivery. This money is of course paid by the prospective parents.
The surrogate mother, by entering into a surrogacy contract, as required by article 56:
Medical reports on physical, mental, and reproductive health are provided to clients;
To be supervised by a physician and to strictly follow his/her recommendations and prescribed treatments;
Inform the intended parents who have signed the surrogacy contract of the progress of the pregnancy in a timely manner, in the manner specified in the surrogacy contract;
Obligation to deliver the resulting child to the intended parents with whom the surrogacy contract was concluded;
The surrogate mother does not have the right to give the child to another person.
When the surrogate mother has a regular job, the issue of continued employment is resolved by mutual agreement between the parties to the surrogacy contract. The surrogate mother is responsible for the pregnancies anticipated in the surrogacy contract after the use of reproductive methods and techniques. The case of multiple pregnancies is resolved by mutual agreement between the parties to the surrogacy contract.
In whose name will the baby be registered after birth?
In the process of surrogacy in Kazakhstan, you do not need to obtain a court permit, only notarized legal documents. The child will be placed directly in the name of the father, while the prospective mother must adopt the child in the country of origin of the parents.
Frequently asked questions about surrogacy in Kazakhstan
How much does surrogacy cost in Kazakhstan?
The cost of surrogacy in Kazakhstan usually varies from person to person, with the total cost of surrogacy typically ranging from around 480,000-700,000 RMB. This is because surrogacy procedures can be complex and will vary depending on the specific requirements of the individual, including the type of surrogacy used, and medical options.
Surrogacy costs involve, for example, IVF fees, medical procedures, legal fees, compensation for egg donors and surrogate mothers, prenatal and postnatal care, administrative costs, and there may also be additional costs for travel, lodging, or any hidden costs of managing the surrogacy process.
Can same-sex couples perform surrogacy in Kazakhstan?
No, surrogacy is only permitted for heterosexual married couples in Kazakhstan, and there is no explicit permission for surrogacy for same-sex couples in Kazakhstan. However, same-sex couples who are unable to choose surrogacy in Kazakhstan have the option of surrogacy in the United States and Georgia, where the laws are well established.
Are there any requirements or postpartum procedures for prospective parents?
Prospective parents may need to complete a number of formalities, such as establishing parental rights and obtaining birth certificates, passports, travel documents, and entry and exit formalities (if the prospective parents are from another country), all of which are necessary to ensure that the child is legally recognized.
What are the advantages of surrogacy in Kazakhstan?
The cheap cost of surrogacy in Kazakhstan is the biggest advantage. Secondly, the legal and cultural environment of surrogacy in Kazakhstan supports, as well as access to modern and well-equipped medical facilities and fertility clinics. The country's clear regulations provide a solid legal basis for surrogacy arrangements, ensuring the rights of all parties involved, and Kazakhstan's environment and weather are good for both surrogate mothers and babies.
How are parental rights established in surrogacy?
To transfer parental rights from the surrogate mother to the intended parents, this procedure may require some documentation to support it. Nevertheless, Kazakhstan's legislation grants parental rights to the intended parents from the date of conception, and the surrogate mother and her family do not have any parental relationship with the child.
What is the legal procedure for surrogacy in Kazakhstan?
Drafting surrogacy contracts, obtaining court approval, obtaining birth certificates and passports, going through exit and immigration procedures and ensuring that all parties comply with the law are all part of the legal process.
