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Tengrinews.kz – Kazakhstan may introduce restrictions on surrogacy services for foreign citizens, following a parliamentary inquiry submitted by Mazhilis deputy Guldara Nuryum.
According to the lawmaker, the current regulations governing surrogacy contain significant gaps, creating risks of commercialization, exploitation of women and children, and the emergence of illegal donor networks.
Risks despite legal framework
Surrogacy in Kazakhstan is used as an assisted reproductive method on medical grounds — including the absence of a uterus, severe chronic illnesses, unsuccessful IVF attempts, or high health risks for women. However, despite the existing legal framework, Nuryum believes the practice involves serious risks that require urgent restrictions and prohibitions.
In her inquiry addressed to Deputy Prime Minister and Minister of Culture and Information Aida Balayeva, Nuryum noted that both Kazakh citizens and foreigners can act as intended parents in Kazakhstan. In cross-border cases, disputes often arise and are resolved through courts.
“Processes related to the determination of parenthood, citizenship and legal recognition of the child are involved. The most serious risk is the lack of mutual recognition of parenthood, which can lead to statelessness or an uncertain legal status for the child,” the deputy said.
“Reproductive tourism”
Nuryum also pointed to relatively “soft” regulation in this area, which makes Kazakhstan attractive for so-called reproductive tourism.
“In a number of countries, including Russia, China, Germany and France, surrogacy is either banned or strictly limited, especially in its commercial form or for foreigners. Georgia’s experience, where uncontrolled cross-border surrogacy emerged, confirms these threats,” she noted.
Children becoming a commodity
The inquiry highlights that women’s participation in surrogacy programs is often driven by financial hardship.
“This carries the risk of negative psychological consequences and trauma associated with separation from the newborn. The involvement of large financial flows creates the threat of turning children into commodities, while the exploitation of vulnerable groups is regarded as a new form of human trafficking,” Nuryum said.
Commercial interests and lack of oversight
The deputy also noted growing interest from foreign agencies in cooperating with Kazakh IVF clinics over the past three years, which she believes indicates the targeted commercial use of biological material from Kazakh women.
“Women do not always fully realize the possible negative consequences for their health, which may harm the gene pool and the health of the nation,” she said.
Nuryum emphasized that the activities of foreign agencies are not regulated or monitored by authorized state bodies, as they are not medical institutions. This lack of oversight, she warned, creates risks of illegal baby trafficking channels.
To address these issues, the deputy proposed a set of measures aimed at protecting children’s interests and preserving the country’s reproductive potential. Among them are mandatory licensing of clinics and agencies, as well as the publication of open registries.
“This will help prevent coercion and the exploitation of the vulnerable position of surrogate mothers, and ensure their free, informed and voluntary consent,” Nuryum said.
She also proposed recognizing notarized surrogacy agreements using digital tools integrated into notarial information systems.
In addition, the deputy suggested considering a ban on providing surrogacy services in Kazakhstan to foreigners, limiting such services exclusively to Kazakh citizens, following the example of several other countries.
