If you are considering Kazakhstan for a surrogacy journey, understanding the legal framework should come before choosing a clinic, agency, or medical package. Kazakhstan has established rules covering surrogacy agreements, surrogate mothers, intended parents, medical procedures, parental rights and birth registration.
However, the legal position has become more restrictive in 2026. An important amendment to Kazakhstan’s Marriage and Family Code now states that surrogacy clients must be Kazakhstan citizens who are married. The amendment was introduced by Law No. 350-VIII dated July 14, 2026.
This means that information published online before the 2026 amendments may no longer accurately describe who can access surrogacy in Kazakhstan.
Below is a practical overview of the surrogacy laws in Kazakhstan, including eligibility, contracts, surrogate requirements, parental rights and the position of single and same-sex intended parents.
Is Surrogacy Legal in Kazakhstan?
Is surrogacy legal in Kazakhstan? Yes, surrogacy remains legally recognized in Kazakhstan, but it is subject to specific eligibility requirements and formal legal procedures.
A surrogacy contract must be made in writing and notarized. More importantly, the current law specifies that the intended parents must be citizens of Kazakhstan who are married.
Therefore, it is important to distinguish between two questions:
- Is surrogacy itself legally recognized? Yes.
- Can every person or couple access a surrogacy program in Kazakhstan? No.
The current restrictions are particularly important for international intended parents, unmarried individuals and same-sex couples.
The legal framework is primarily found in Kazakhstan’s Marriage and Family Code and healthcare legislation regulating assisted reproductive technologies. Kazakhstan’s Constitutional Court has also confirmed that surrogacy is a form of reproductive rights regulated by legislation and that the legislature can establish conditions and restrictions concerning its use.
What Changed in Kazakhstan’s Surrogacy Law in 2026?
One of the most important developments for anyone researching the surrogacy laws in Kazakhstan is the July 2026 amendment.
Previously, international intended parents could find information suggesting that foreigners might be able to enter surrogacy arrangements in Kazakhstan. A January 2026 government response, for example, stated that both Kazakhstan citizens and foreigners could be customers under the then-existing framework.
The law subsequently changed.
The July 2026 amendment added language specifying that a surrogacy contract is concluded by Kazakhstan citizens who are married and Article 54(1-1) states that only married Kazakhstan citizens may be customers of surrogacy services.
For anyone planning an international surrogacy journey, this distinction is extremely important. Older articles, agency pages and forum discussions may still describe Kazakhstan as an option for foreign intended parents, even though the current legal position is more restrictive.
Who Can Currently Use Surrogacy in Kazakhstan?
Under the current legislation, the intended parents must satisfy the main legal requirements established for a surrogacy agreement.
The most important conditions are:
- The intended parents must be citizens of Kazakhstan.
- They must be legally married.
- The surrogacy arrangement must be documented through a written contract.
- The contract must be notarized.
- The intended parents must enter into an agreement with an appropriate medical organization providing assisted reproductive technology services.
The law also establishes responsibilities concerning medical examinations, reproductive treatment, pregnancy care, childbirth and certain post-delivery medical expenses.
This makes legal eligibility one of the first issues that should be checked before making financial or medical arrangements.
Surrogacy Laws for Singles in Kazakhstan Under Current Regulations
The surrogacy laws for singles in Kazakhstan require particular attention because Kazakhstan’s rules distinguish between assisted reproductive technology generally and surrogacy specifically.
The current healthcare legislation allows certain unmarried adults to access assisted reproductive technologies with informed consent and appropriate medical conditions. However, the legislation specifically excludes surrogacy from that general access.
In practical terms, being legally permitted to access some fertility treatments as a single person does not automatically mean that a person can enter a surrogacy agreement.
The current law requires the intended to be married Kazakhstan citizens. Therefore, surrogacy laws for singles in Kazakhstan do not currently provide a legal route for a single intended parent to enter a new surrogacy contract under the current framework.
This is an important distinction for people searching for IVF, donor programs, or other reproductive options in Kazakhstan. Different fertility treatments may have different eligibility rules.
A Guide to Surrogacy Laws for Gay Couples in Kazakhstan
The surrogacy laws for gay couples in Kazakhstan are also restrictive. The current surrogacy provisions require the intended parents to be spouses in a legally recognized marriage and to be Kazakhstan citizens. The law does not create a separate surrogacy pathway for same-sex couples.
As a result, same-sex couples should not assume that they can establish a surrogacy arrangement in Kazakhstan simply because surrogacy itself is legally regulated.
For international gay couples, the issue is even more significant because the current law limits surrogacy customers to married Kazakhstan citizens.
Anyone considering an international family-building journey should therefore obtain country-specific legal advice before paying a clinic or agency, particularly where parental recognition, citizenship, birth registration, or cross-border travel may be involved.
What Must a Surrogacy Contract Include?
A properly prepared surrogacy agreement is a central part of the legal process.
According to Kazakhstan surrogacy law, the contract should include information such as:
- Details of the intended parents and surrogate mother.
- Arrangements concerning expenses for the surrogate mother.
- Rights and responsibilities of the parties.
- Liability if contractual obligations are not fulfilled.
- Applicable compensation and financial arrangements.
- Other agreed conditions, including force majeure provisions.
The contract must be written and notarized. The intended parents also enter into a separate agreement with the medical organization providing assisted reproductive services.
For this reason, intended parents should not rely only on a standard agency agreement. The legal documents should be reviewed carefully according to the current Kazakhstan legislation.
Medical and Financial Responsibilities
The law places several responsibilities on the intended parents. Under the current Article 57, married Kazakhstan citizen intended parents are responsible for expenses connected with:
- Medical examinations of the surrogate mother.
- Assisted reproductive procedures.
- Required medical and genetic examinations.
- Medical care during pregnancy.
- Delivery-related medical care.
- Postpartum medical care for the specified period.
The legislation provides for coverage during pregnancy, childbirth and 56 days after delivery, or up to 70 days after delivery where complications connected with pregnancy or childbirth occur.
The exact financial arrangement should therefore be clearly addressed in the surrogacy contract.
Who Are the Legal Parents After Birth?
Parental recognition is one of the most important parts of the surrogacy laws in Kazakhstan.
Child is born through a surrogacy arrangement, the spouses who entered into the agreement are recognized as the parents. The legislation also establishes rules concerning the registration of the intended mother in the medical birth documentation.
The law also addresses difficult situations, including the birth of multiple children and circumstances where intended parents refuse the child.
This is why legal planning should continue beyond embryo transfer and pregnancy. Birth registration and parental documentation are important parts of the overall surrogacy process.
What About Foreign Intended Parents?
For international intended parents, this is currently the most important point. Foreign couples should not assume that Kazakhstan is currently available as a destination for international surrogacy based on older information.
This is particularly relevant for:
- Foreign married couples
- Single intended parents
- Same-sex couples
- Unmarried couples
- People considering Kazakhstan because of previously advertised international surrogacy programs
Legal rules can change and cross-border reproductive arrangements involve additional questions concerning citizenship, passports, parental recognition and immigration. Professional legal advice should be obtained before starting any arrangement.
How IVF Conceptions Can Help
At IVF Conceptions, we understand that international surrogacy decisions require more than simply comparing treatment prices.
Our role is to help intended parents understand their available options, review the current eligibility situation, coordinate with appropriate fertility professionals and identify alternative destinations when a particular country does not fit their legal circumstances.
For Kazakhstan-related enquiries, IVF Conceptions can help you understand the current legal position before you commit to a medical or financial plan.
If Kazakhstan is not legally suitable for your circumstances, our team can also help you explore other destinations where the applicable surrogacy framework may better match your family-building goals.
The exact legal route should always be confirmed with qualified local legal professionals because reproductive laws can change.
Frequently Asked Questions About Surrogacy Laws in Kazakhstan
- Is surrogacy legal in Kazakhstan?
Yes. Surrogacy is legally regulated in Kazakhstan. However, the current law restricts customers of surrogacy services to married Kazakhstan citizens. - Is surrogacy available to foreigners in Kazakhstan?
Under the current law, the intended parents must be Kazakhstan citizens who are married. Therefore, foreign intended parents should not rely on older information stating that international surrogacy is available. - What are the surrogacy laws for gay couples in Kazakhstan?
The current law requires married Kazakhstan citizens as intended parents and does not establish a separate surrogacy pathway for same-sex couples. International same-sex couples should obtain specialist legal advice before considering Kazakhstan. - Does the surrogacy agreement need to be notarized?
Yes. Kazakhstan’s current law requires the surrogacy agreement to be in writing and notarized.
Final Thoughts
The surrogacy laws in Kazakhstan have undergone an important change in 2026. While surrogacy remains a legally regulated reproductive option, the current framework significantly narrows eligibility by limiting to married citizens of Kazakhstan.
So, is surrogacy legal in Kazakhstan? Yes—but eligibility is now the critical issue.
For singles, international intended parents and same-sex couples, Kazakhstan may not currently provide a suitable legal route for surrogacy. Because reproductive legislation can change, it is essential to verify the law applicable at the time you plan treatment rather than relying on older online information.
Thinking about surrogacy abroad? Contact IVF Conceptions for guidance on your options, current eligibility requirements and alternative destinations that may better suit your circumstances. Our team can help you take the next step with a clearer understanding of the medical, legal and practical considerations involved.