Kazakhstan surrogacy in 2026: foreign access closed for new programmes

Published 2026-05-04 · Substantially reviewed 2026-08-02

Kazakhstan retains a domestic statutory framework for gestational surrogacy, but it is no longer a new-programme destination for foreign intended parents. Law No. 350-VIII amended the Code on Marriage (Matrimony) and Family so that, from July 26, 2026, only citizens of Kazakhstan who are married may commission a surrogacy service.

Current answer. A foreign couple should not sign a new Kazakhstan surrogacy agreement, pay a new programme deposit or schedule a new embryo transfer as commissioning parents. A contract or treatment step begun before July 26 requires case-specific written advice; the amendment does not provide a simple answer for every transition case.

1. What changed on July 26, 2026

Law No. 350-VIII inserted a new Article 54(1-1): only citizens of the Republic of Kazakhstan who are in a registered marriage may be commissioning parties to a surrogacy service. The amendment also changed the statutory definition and Article 57 duties to require Kazakh citizenship.

Clinic availability does not override eligibility. A clinic may continue offering IVF and other assisted-reproduction services, but that does not allow foreign clients to enter a new Kazakhstan surrogacy commission.

2. Eligibility and carrier requirements

Issue	Minimum verification
Commissioning parents	Both must be citizens of Kazakhstan and married. Foreign couples and mixed-nationality couples do not satisfy the published citizenship wording for a new commission.
Gestational carrier	Article 56 specifies age 20–35, satisfactory physical, mental and reproductive health, and at least one healthy child. A married carrier needs notarized spousal consent.
Clinic	Confirm the legal entity, medical authorization, embryology laboratory, treating physicians, record custody and emergency-transfer hospital.
Independent advice	Separate legal advice for intended parents and carrier; independent medical and psychological screening; no treatment before legal clearance.

3. Contracts and treatment begun before July 26

The law does not contain a surrogacy-specific transition rule that resolves every earlier contract. Non-retroactivity principles may be relevant, but notarisation, clinic contracting, embryo transfer, pregnancy care, birth registration and travel documents occur at different times. A pre-effective-date signature does not by itself guarantee that every later act can proceed.

No notarised agreement or only a reservation payment: stop new payments and do not accept a “sign now, fix later” offer.
Signed but no transfer: obtain written positions from independent Kazakhstan counsel, the clinic and the notary before any further step.
Transfer completed or pregnancy ongoing: preserve the full medical and contract record and obtain written advice on continued care, birth registration and parentage.
Child already born: review birth registration, nationality, passport or travel document and home-country recognition separately.

4. What to verify now

Record	Why it matters
Contract and payment chronology	Shows which legal relationship and financial obligations existed before the effective date.
Clinic and embryo records	Identifies whether retrieval, embryo creation or transfer occurred before or after July 26.
Carrier consent and care plan	Protects continuity of medical care and the carrier's independent decision-making.
Birth and home-country file	Parentage, nationality and travel documents are separate questions from the contract's validity.

Marriage certificate, passports and medical indication, with required apostille and translations.
Notarized surrogacy agreement and the agreement with the ART medical organization.
Carrier medical, reproductive and psychological screening; spousal consent where applicable.
Clinic authorization, physician credentials, laboratory quality information and emergency hospital plan.
Birth-registration checklist, certified copies, apostille/legalization, passport or travel-document route.
Written home-country advice on parentage, citizenship, entry and later registration.

5. Historical context before July 26, 2026

Before the amendment took effect, Kazakhstan's Code contained a notarised-contract and parentage framework that was used in cross-border practice. Older descriptions saying that married foreign couples could participate refer to that earlier legal position. They must not be read as current eligibility advice.

Editorial review: Updated August 2, 2026 after Law No. 350-VIII took effect. Transition cases remain fact-specific and require independent Kazakhstan legal advice. This page is educational and does not replace legal or medical advice.

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Primary sources

Parliament of Kazakhstan: adopted text of Law No. 350-VIII, including the amendments to Articles 54 and 57.
Adilet official legal database: Law No. 350-VIII.
Code on Marriage (Matrimony) and Family.

Request a transition-case legal review

FS Global Ferticare

Kazakhstan surrogacy in 2026: the short answer

New surrogacy agreements are restricted to eligible married Kazakhstan citizens. Foreign intended parents should not treat Kazakhstan as open for new programmes; existing transition cases need document-specific local legal review.