Kazakhstan has introduced an important change to its surrogacy regulations in 2026. The new rules significantly change who can legally use surrogacy services in the country and make the eligibility requirements much stricter than before.
The most important change is that only married citizens of Kazakhstan can now be the intended parents, or customers, under a surrogacy agreement in Kazakhstan. This means foreign couples who previously considered Kazakhstan for international surrogacy can no longer assume that they are eligible under the current law.
The amendment was adopted through Law No. 350-VIII dated July 14, 2026, with the relevant changes to the Marriage and Family Code taking effect from July 26, 2026.
This guide explains the new Kazakhstan surrogacy laws in simple language, including who can use surrogacy, requirements for surrogate mothers, contracts, medical requirements, parental rights and what the new rules mean for international intended parents.
What Are the New Kazakhstan Surrogacy Laws in 2026?
The biggest change is found in Article 54 of Kazakhstan’s Code on Marriage and Family. Under the updated law, a surrogacy agreement must be concluded by citizens of the Republic of Kazakhstan who are married to each other. The law also specifically states that customers of surrogacy services can only be Kazakhstan citizens who are married.
In simple terms, the new rule creates two important conditions for intended parents:
- They must be citizens of Kazakhstan
- They must be legally married
The surrogacy agreement must also be made in writing and must receive mandatory notarization. This is a major change from the earlier position, when Kazakhstan’s legislation could allow foreign citizens to become customers of surrogacy services. The government had already identified problems arising from international surrogacy cases and the law was subsequently changed to restrict access to Kazakhstan citizens.
Who Can Use Surrogacy in Kazakhstan Under the New Law?
Under the current 2026 rules, surrogacy in Kazakhstan is intended for a married couple who:
- Are citizens of Kazakhstan
- Are legally married
- Meet the applicable medical and reproductive requirements
- Enter into a properly prepared surrogacy agreement
- Work with an authorized medical organization providing assisted reproductive services
The new rules therefore make citizenship a central eligibility requirement. A foreign married couple cannot simply travel to Kazakhstan, select a surrogate mother and enter into a new surrogacy agreement under the current framework. Likewise, being married is not enough by itself. The intended parents must also satisfy the citizenship requirement.
Can Foreigners Use Surrogacy in Kazakhstan?
This is one of the most important questions following the 2026 legal amendment. Under the current law, foreign citizens are not eligible to become customers of a new surrogacy arrangement in Kazakhstan.
Before the amendment, Kazakhstan could be used for international surrogacy and the legislation allowed both Kazakh citizens and foreigners to act as customers. However, government discussions highlighted legal and practical difficulties connected with international surrogacy, including disputes and cases involving the status of children. The law was subsequently amended to restrict surrogacy customers to married Kazakhstan citizens.
Therefore, international intended parents should not rely on older websites, agency pages or articles that still describe Kazakhstan as an open destination for foreign surrogacy.
What About Single Intended Parents?
The current surrogacy provisions require the customers to be spouses in a marriage. As a result, a single person does not meet the customer requirement for entering into a surrogacy agreement under the current Kazakhstan framework.
This distinction is important because Kazakhstan’s assisted reproductive legislation contains rules concerning reproductive technologies more broadly, but those rules should not be confused with the eligibility requirements for a surrogacy contract. Surrogacy is governed by its own specific provisions.
Can Same-Sex Couples Use Surrogacy in Kazakhstan?
Same-sex couples should also carefully consider the current legal framework. Kazakhstan’s family legislation defines marriage as a voluntary union between a man and a woman and the surrogacy provisions require the intended parents to be spouses in a legally recognized marriage.
Therefore, same-sex couples should not assume that they can qualify for surrogacy in Kazakhstan simply because surrogacy itself is regulated by law. The key issue is not only the availability of surrogacy. The intended parents must satisfy the legal definition of an eligible married couple under Kazakhstan’s family legislation.
Requirements for a Surrogate Mother in Kazakhstan
The new rules concerning intended parents should not be confused with the existing requirements imposed on the surrogate mother.
Under Article 56 of the Marriage and Family Code, a woman who wants to become a surrogate mother must generally:
- Be between 20 and 35 years of age
- Have satisfactory physical health
- Have satisfactory psychological health
- Have satisfactory reproductive health
- Have her own healthy child
- Provide the required medical confirmation of her health
If the surrogate mother is married, she must provide the written consent of her husband and that consent must be notarized. These requirements are designed to ensure that the woman entering a surrogacy arrangement is medically suitable and understands the nature of the pregnancy and contractual responsibilities.
Is a Surrogacy Contract Mandatory in Kazakhstan?
Yes. A surrogacy arrangement should not be treated as an informal agreement between intended parents and a surrogate mother. The law requires a written surrogacy contract and the agreement must be notarized.
The contract should include important information such as:
- Details of the intended parents
- Details of the surrogate mother
- Conditions for payment of the surrogate mother’s material expenses
- Rights and responsibilities of each party
- Liability for failure to meet contractual obligations
- Applicable compensation
- Arrangements for unforeseen or force-majeure situations
The intended parents must also enter into an agreement with the medical organization that will provide the assisted reproductive treatment. This makes the legal and medical parts of the process closely connected.
What Medical Requirements Apply to Intended Parents?
The intended parents also have responsibilities under the surrogacy legislation. They are required to cover expenses connected with the surrogate mother’s medical examination and the assisted reproductive procedures.
They must also provide the medical organization with relevant medical information concerning their physical and psychological health and the results of medical-genetic testing. The medical organization must provide information about the biological material used in the assisted reproductive procedure, including whether the material belongs to the intended parents or comes from a donor bank.
Who Pays for the Surrogate Mother’s Medical Care?
The intended parents are responsible for specified medical expenses connected with the surrogacy arrangement.
These include expenses related to:
- Medical examinations
- Assisted reproductive procedures
- Pregnancy-related medical care
- Childbirth
- Postpartum medical care
The law requires intended parents to cover medical service expenses during pregnancy, childbirth and for 56 days after delivery. Where complications connected with pregnancy or childbirth occur, the period can extend to 70 days after delivery. The exact financial terms and compensation arrangements should be clearly stated in the surrogacy agreement.
What Rights Does the Surrogate Mother Have?
A surrogate mother has specific contractual and medical responsibilities.
She is required to:
- Provide medical information concerning her health
- Attend medical appointments regularly
- Follow medical recommendations
- Keep the intended parents informed about the pregnancy according to the contract
- Transfer the child to the intended parents after birth
The law also states that a surrogate mother cannot transfer the child to other people. Questions such as employment during pregnancy and multiple pregnancy are addressed through the contractual relationship between the parties. The surrogate mother is also expected to avoid a natural pregnancy during the relevant period following assisted reproductive treatment.
Who Are the Legal Parents of the Child?
One of the most important aspects of Kazakhstan’s surrogacy law is the legal position of the intended parents. Under the legal framework, the married intended parents who enter into the surrogacy agreement are recognized as the parents of the child born through the surrogacy arrangement. The law also provides that the intended mother is recorded as the mother on the medical birth certificate after the child’s birth.
For registration purposes, the child’s origin in a surrogacy case is established on the basis of the surrogacy agreement. This is why correct preparation and notarization of the agreement are extremely important.
Why the 2026 Changes Are Important for International Surrogacy
The 2026 amendment changes Kazakhstan’s position in the international surrogacy market. Previously, foreign intended parents could consider Kazakhstan as a potential destination because the legislation allowed foreigners to become customers of surrogacy services.
That position has now changed.
The updated law specifically limits customers of surrogacy services to married Kazakhstan citizens. Therefore, foreign couples looking for an international surrogacy destination should not base their decision on information published before July 2026.
For anyone researching surrogacy in Kazakhstan, the date of the information is now particularly important.
What Should Intended Parents Check Before Starting Surrogacy?
Anyone considering surrogacy should confirm their eligibility before paying an agency, clinic or surrogate.
The most important questions include:
- Are both intended parents Kazakhstan citizens?
- Are they legally married?
- Does the marriage meet Kazakhstan’s legal requirements?
- Does the intended mother meet the applicable medical requirements?
- Is the surrogate mother eligible under Article 56?
- Will the contract be notarized?
- Which medical organization will perform the assisted reproductive procedures?
- Who will cover medical and pregnancy-related expenses?
- How will the child’s birth and parentage be registered?
- What happens if medical complications occur?
- What happens if there is a disagreement between the parties?
These questions should be resolved before treatment begins.
New Kazakhstan Surrogacy Laws – What You Need to Remember
The most important point is simple: Kazakhstan has significantly restricted access to surrogacy in 2026. Under the current rules, a surrogacy agreement is for married Kazakhstan citizens and the agreement must be written and notarized.
Foreign intended parents, single applicants and couples who do not qualify as legally married spouses should not assume that they can start a new surrogacy journey in Kazakhstan. The rules concerning surrogate mothers, medical screening, contracts, expenses and parental rights continue to play an important role in the process.
Because surrogacy involves family law, reproductive medicine and legal documentation, eligibility should always be checked against the current legislation rather than relying on older online information.
Planning a Surrogacy Journey?
If you are researching surrogacy laws in Kazakhstan or comparing Kazakhstan with other countries, it is important to understand the current legal position before making financial or medical commitments. A professional surrogacy consultation can help you understand eligibility, documentation, medical steps and alternative destinations based on your circumstances.
For guidance on surrogacy options and the latest country-specific requirements, you can contact Global Star Surrogacy for assistance in understanding the available pathways.
