Many clients who are interested in going to Kyrgyzstan (hereinafter referred to as "Kyrgyzstan") for legal surrogacy will focus on two things when doing their homework:Is surrogacy legal in Kyrgyzstan?as well asIs the process standardized?
The answer is usually yes: surrogacy in Kyrgyzstan is legal, supported by a complete legal system, the notary office has standard procedures, and the hospital has formal qualifications. Therefore, the client often embarks on this journey with the assumption that "legal means smooth".
However, in reality, a real case shows us a far more complicated picture than this——What happens when all documents are in compliance and all procedures are followed, but the medical institution's legal counsel still refuses to perform the transplant on "ethical" grounds?
There is no simple answer to this question. But understanding it is something that every client must complete before entering the Kyrgyzstan surrogacy project.
The client is a Chinese citizen, an unmarried single man who has a strong desire to have children and chooses to realize his desire to become a father through Kyrgyzstan’s legal surrogacy route.
Because there is an industry practice in Kyrgyzstan’s surrogacy practice——For single men, surrogacy agencies and hospitals usually recommend participating in the project as an "unmarried couple". This approach is based on the legal provision that allows "regardless of marital status", but a woman still needs to cooperate as a "female" in the filing and notarization procedures.
The client invited a female friend (hereinafter referred to as "Woman A") to assist in the advancement of the project as a couple/partner. Woman A’s role is limited to cooperating with the woman’s registration in the hospital filing and notarization procedures.I do not provide eggs nor participate in egg retrieval.. The eggs used in the project came from four different egg donor volunteers.
The client contacted the first two egg donation volunteers, and they were registered as a couple in a certain reproductive center (Hospital A) to complete the production of the first and second sets of embryos.
The third egg donation volunteer completed the egg retrieval and produced the third set of embryos, which was also filed in the name of woman A.
The fourth egg donation volunteer completed egg retrieval at another reproductive center (Hospital B) and produced the fourth set of embryos, still registered in the name of woman A.
Hospital B will send a representative to cooperate and complete the process at the Kyrgyz Notary Office.The first surrogacy agreementThe contract signing (the client and Woman A for the first surrogate mother) was handled through a power of attorney (POA), and Woman A did not go to Kyrgyzstan in person.
The first surrogate mother completed the embryo transfer in Hospital B.Transplantation successful, pregnancy confirmed。
Sudden policy changes: The Kyrgyz Notary Office has begun to implement new requirements - the surrogacy agreement no longer accepts a power of attorney (POA), requiring all parties toMust be present in person to sign。
Kyrgyzstan Cabinet Resolution No. 121 officially confirmed the above changes, updated the rules of notarization activities, and clarified that certain contracts such as surrogacy agreements must be signed by the parties in person, and agents are not allowed to be used.
Woman A is unable to travel to and from Kyrgyzstan for a long time due to personal reasons. She took the initiative to introduce her friend (hereinafter referred to as "Woman B") to replace herself. Woman A signed the officialDeclaration of Identity and Embryo Rights Waiver Agreement,throughApostille。
The client and woman B were present in person and signed a new surrogacy agreement with the other two surrogate mothers to be transplanted at the Kyrgyz notary office.Fully complies with the latest requirements of the notary office for "the parties to be present in person"。
Hospital B refused to perform embryo transfer for the two surrogate mothers who were ready. The hospital's lawyers cited Article 15 of the Family Law (prohibition of bigamy) and Article 176 of the Criminal Law (crime of polygamy), believing that there were compliance risks when the client signed agreements with multiple surrogate mothers at the same time.
This case is thought-provoking not only because of the legal dispute itself, but also because it clearly presents the real pressure and dilemma faced by each party in the surrogacy project.
This is the most overlooked, yet most moving part of the case. Two surrogate mothers who were ready suffered a real and heavy price in this dispute:
The hospital is not without reason. Understanding their concerns is key to understanding this case.
This is the core legal issue in this case. The two laws cited by the hospital lawyer - Article 15 of the Family Code (prohibition of bigamy) and Article 176 of the Criminal Code (crime of polygamy) - regulate the following:Marital relations and family relations, that is, the union of men and women for the purpose of living together.
A surrogacy agreement is acivil contractual relationship, specifically regulated by Article 57 of the Civil Health Protection Act and Articles 145–147 of the Family Code. The two belong to completely different legal categories and cannot be mixed.
Looking at all the legal provisions of Kyrgyzstan related to surrogacy, there is no limit on the number of surrogacy agreements that can be signed by the same client at the same time. In the practice of Kyrgyzstan’s surrogacy industry, it is common practice for the same client to promote multiple surrogacy projects at the same time, and Kyrgyzstan’s notary office also routinely handles such matters.
Even if there are superficial conflicts of legal provisions, the special laws regulating surrogacy (Article 57 of the Citizen Health Protection Law, Articles 145-147 of the Family Law, and Article 18 of the Citizen's Reproductive Rights Law), as special laws, should take precedence over the general provisions on marriage in the Family Law. This is the basic principle of legal application.
This is the most deserving part of this case—and the part most easily overlooked by the client.
After careful consideration, Kyrgyzstan’s legislature passed legislation that clearly gave citizens the right to have children through surrogacy. This is legal recognition at the national level.
However,The passage of laws does not mean a simultaneous transformation of social culture. Kyrgyzstan is a society where traditional Islamic culture and Soviet heritage coexist. Folks have reservations and cultural disputes about assisted reproductive practices such as surrogacy and egg donation.
Legal counselors in hospitals, notaries in notary offices, and government department staff—they are all individuals working with their own cultural backgrounds and moral judgments. The law gives them a framework, but it cannot replace their values.
In this case, the hospital's lawyers cited "inhumanity" as one of the grounds for rejection. From the perspective of pure legal logic, this reason is untenable; but from the perspective of understanding reality, it reveals an important fact:
A man promoted multiple surrogacy projects at the same time, and changed the female partner midway through the project - this may be impeccable in law, but in some people's moral intuitions, it touches the imagination of "normal family building methods."
This judgment cannot be refuted by legal provisions because it is not within the scope of legal adjustment at all. It belongs to the field of ethics and the perception of public order and good customs.
| Risk type | Performance in this case | Inspiration to the client |
|---|---|---|
| Policy change risk | The notary office suddenly stopped accepting power of attorney (POA) to sign surrogacy agreements in January 2026 | The legal environment for surrogacy in Kyrgyzstan is still evolving rapidly, and policy response space needs to be reserved. It is not appropriate for the entire process to rely heavily on a single operating method. |
| Risks to the stability of the female partner’s partner | Woman A is temporarily unable to go to Kyrgyzstan to cooperate, triggering the entire replacement process | The reliability and long-term willingness of the woman's cooperating personnel are risks that are seriously underestimated. It is necessary to fully confirm their ability to cooperate throughout the project before starting the project. |
| Project complexity risk | Multiple sets of embryos, multiple egg donation volunteers, and multiple surrogate mothers are promoted simultaneously. Abnormalities in any link will amplify the overall risk. | The larger the project scale, the higher the compliance management requirements; each additional variable requires a corresponding increase in legal and documentary protection. |
| Ethical stance risks of medical institutions | Even if all documents are in compliance, the hospital can still refuse the operation citing ethical concerns | When selecting an institution, evaluate its historical acceptance of unconventional clients (single, multiple embryos); establishing a fully trusting relationship with the hospital is critical |
This case also reveals the structural reality of Kyrgyzstan’s surrogacy industry:It is completely legal for single men to participate in surrogacy, but they face higher operational complexity.
Participating in projects as an "unmarried partner" is a common industry practice - but this arrangement itself creates potential vulnerabilities:
To help readers establish a systematic understanding, the following are the core legal basis supporting the legality of surrogacy in Kyrgyzstan:
| Laws/Regulations | Key terms | core content |
|---|---|---|
| "Citizens' Health Protection Law" (No. 14, 2024) | Article 57, paragraph 5 | Citizens, regardless of marital status, have the right to become parents through third-party assisted reproduction |
| Family Law (No. 201 of 2003) | Articles 145–147 | Surrogacy is allowed; parental rights belong to the client; the agreement must be notarized |
| "Citizens' Reproductive Rights Law" (No. 148, 2015) | Article 9, Article 18 | Citizens have the right to freely decide the number of children, regardless of marital status; standardize the form of the agreement |
| Cabinet Resolution No. 616 (October 2024) | full text | Implementing rules detailing surrogacy procedures and contract requirements |
| Cabinet Resolution No. 121 (February 2026) | full text | Updated notarization activity rules: The surrogacy agreement must be signed by the parties in person, and a power of attorney will not be accepted. |
Kyrgyzstan’s surrogacy legislation opens the door for all people who wish to have children – regardless of marital status or nationality. This door is real, the legal basis is sufficient, and compliance operations are feasible.
However, behind this legal door, there are countless invisible thresholds woven from human hearts, cultural backgrounds, professional judgments and moral intuitions. These thresholds cannot be refuted by legal provisions because they are not within the scope of the law.
This case tells us:
📌 Are you planning a surrogacy project in Kyrgyzstan? Want to learn more about real-world process risks and response strategies?
← Return to Knowledge Center | Contact us for a free consultation