Understanding Surrogacy: Process, Legal Requirements, and Costs

Surrogacy has emerged as a viable option for individuals and couples aspiring to build families. In Kazakhstan, the surrogacy process is well-regulated, offering clear legal frameworks and competitive compensation structures. At Burabai.KZ, we specialize in medical tourism services related to surrogacy in Kazakhstan, guiding you through each step of this life-changing journey.

Understanding Surrogacy

What Is a Surrogate Mother?

A surrogate mother is a woman who carries and delivers a child on behalf of another individual or couple, known as the intended parents. This arrangement is typically formalized through legal agreements prior to conception.

What Is a Surrogate?

The term “surrogate” refers to the individual who agrees to undergo pregnancy to deliver a child for someone else. Surrogates can be classified into two categories: traditional and gestational.

Difference Between a Surrogate and a Gestational Surrogate

In traditional surrogacy, the surrogate’s own egg is fertilized, making her the biological mother of the child. In contrast, a gestational surrogate carries an embryo created through in vitro fertilization (IVF) using the egg and sperm of the intended parents or donors, resulting in no genetic link between the surrogate and the child.

Process of Using a Gestational Surrogate

The process involves several key steps:

1. Medical Evaluation: Assessing the health of the surrogate and intended parents.
2. Legal Agreements: Drafting contracts to outline the rights and responsibilities of all parties.
3. IVF Procedure: Creating and transferring the embryo to the surrogate’s uterus.
4. Pregnancy and Delivery: Monitoring the pregnancy until the birth of the child.

Difference Between Gestational and Traditional Surrogacy

The primary distinction lies in genetic connection. Traditional surrogates are biologically related to the child, while gestational surrogates are not. Kazakhstan permits only gestational surrogacy, ensuring clear parental rights for the intended parents.

What Does Gestational Surrogacy Mean?

Gestational surrogacy involves a surrogate mother carrying an embryo that has no genetic ties to her, achieved through IVF technology.

Types of Surrogacy

Gestational Surrogacy

In this arrangement, the surrogate has no genetic link to the child. The embryo is created using the eggs and sperm of the intended parents or donors and implanted into the surrogate’s uterus.

Traditional Surrogacy

Here, the surrogate’s own egg is fertilized, making her the genetic mother of the child. This form of surrogacy is not permitted in Kazakhstan.

What Is a Gestational Carrier?

A gestational carrier is another term for a gestational surrogate—a woman who carries a pregnancy with no genetic connection to the child she is bearing.

Why Choose Surrogacy?

Why Choose Surrogacy?

Surrogacy offers a pathway to parenthood for individuals and couples facing infertility, medical conditions preventing safe pregnancy, or same-sex couples desiring biological children.

Why Do Women Become Surrogates?

Women may choose to become surrogates for various reasons, including the desire to help others experience parenthood, personal fulfillment, or financial compensation.

Benefits of Using a Gestational Surrogate

Utilizing a gestational surrogate allows intended parents to have a biological connection to their child, provides an option when pregnancy is medically unfeasible, and offers legal clarity regarding parental rights.

Surrogacy Basics

How Does a Gestational Carrier Get Pregnant?

Pregnancy is achieved through IVF, where an embryo is created in a laboratory and then transferred to the gestational carrier’s uterus.

In Vitro Fertilization (IVF)

IVF is a medical procedure that involves combining eggs and sperm outside the body to create embryos, which are then implanted into the uterus.

Indications for Surrogacy

Surrogacy is considered in cases of infertility, absence of a uterus, recurrent pregnancy loss, or medical conditions that make pregnancy risky for the intended mother.

Ethics, Religion, and Society

Ethical Issues

Surrogacy raises ethical considerations, including the rights of the surrogate and child, informed consent, and potential exploitation concerns.

Religious Issues

Religious perspectives on surrogacy vary, with some faiths accepting the practice under certain conditions, while others oppose it.

Traditional Values in Society

Societal views on surrogacy are influenced by cultural norms and values, affecting acceptance and regulation of the practice.

Becoming a Surrogate

Criteria for Becoming a Surrogate

In Kazakhstan, potential surrogates must be women aged between 20 and 35, with good physical, mental, and reproductive health, certified by medical professionals.

Lifestyle Requirements

Surrogates are expected to maintain a healthy lifestyle, including abstaining from smoking, alcohol, and illicit drugs, and attending regular medical appointments.

Physical Requirements

Candidates should have a history of at least one successful pregnancy without complications and no more than two previous cesarean sections.

Psychological Concerns

Undergoing psychological evaluation is essential to ensure the surrogate is mentally prepared for the surrogacy journey.

Do STI/STDs Disqualify Me?

Active sexually transmitted infections may disqualify a candidate; however, each case is evaluated individually.

Can I Be a Gestational Carrier If I’ve Had My Tubes Tied?

Yes, tubal ligation does not impact the ability to carry a pregnancy conceived through IVF.

Costs and Compensation

What Does a Gestational Surrogate Cost?

The cost of surrogacy in Kazakhstan varies depending on the selected program and guarantees, typically ranging between €68,000 and €88,000.

How Much Does Surrogacy Pay from State to State?

In Kazakhstan, surrogate compensation is typically fixed and determined by the terms of the agreement between the surrogate and the intended parents. On average, surrogates in Kazakhstan can expect to receive compensation of approximately €12,000–€18,000, depending on the complexity and duration of the surrogacy process.

How Much Do Surrogates Make?

Surrogates are compensated for their time, effort, and any physical or emotional challenges during the surrogacy process. Payment structures often include base compensation, allowances for maternity clothing, and additional fees for specific situations such as a cesarean section or multiple pregnancies.

How Much Can Surrogates Make for a Second Surrogacy?

Surrogates with prior experience may earn higher compensation for subsequent surrogacy journeys. Experienced surrogates are often in high demand, and their compensation can increase by 10–20% compared to first-time surrogates.

Is Surrogate Compensation Taxable?

In many jurisdictions, surrogate compensation is considered taxable income, and it is essential to consult a tax advisor to understand local tax laws. In Kazakhstan, this will depend on the financial arrangements specified in the surrogacy contract.

How Is Surrogate Compensation Handled Legally?

Compensation for surrogates is typically outlined in legal agreements before the surrogacy process begins. These agreements detail payment schedules, allowances, and conditions to ensure clarity and transparency for all parties involved.

What Factors Are Considered When Determining Surrogate Compensation?

Several factors influence surrogate compensation, including the surrogate’s experience, location, medical history, and the specific requirements of the intended parents. Additional factors, such as travel expenses or medical risks, may also impact compensation.

Legal and Ethical Considerations

Legal Issues

Surrogacy laws in Kazakhstan are among the most favorable worldwide. The intended parents are recognized as the legal parents from the moment of birth, ensuring that parental rights are clearly established. Contracts between surrogates and intended parents are legally binding.

Legal Process for Gestational Surrogacy

The legal process in Kazakhstan involves:

1. Drafting and signing a surrogacy agreement.
2. Conducting medical evaluations and psychological assessments.
3. Registering the surrogacy agreement with the appropriate authorities.
4. Granting the intended parents full legal rights upon the child’s birth.

Legal Requirements

Kazakhstan requires surrogates to meet strict health and age criteria, as well as to undergo psychological screening. Intended parents must also demonstrate their eligibility and commitment to the surrogacy process.

Legal Costs

Legal costs for surrogacy agreements typically include drafting contracts, notarizing documents, and registering agreements with government agencies. These costs are often included in surrogacy program fees.

Challenges in Medically Assisted Reproduction – Ethics, Law, and Society

Medically assisted reproduction, including surrogacy, raises questions about access, equity, and the rights of all parties involved. Kazakhstan’s regulatory framework addresses many of these concerns, making it a preferred destination for surrogacy.

A Comparative Study of Surrogacy Rights in Iran and European Countries

Kazakhstan’s surrogacy laws align more closely with European standards, offering robust protections for intended parents and surrogates. Unlike Iran, where surrogacy arrangements are permitted only under specific religious guidelines, Kazakhstan provides a secular and inclusive legal environment.

Surrogacy Timeline

Surrogacy Timeline

The typical surrogacy process in Kazakhstan takes 12–18 months, from the initial consultation to the birth of the child. Factors such as IVF success rates, surrogate matching, and medical evaluations can impact the timeline.

How Long Does the Surrogacy Process Take?

The process duration includes 2–4 months for matching with a surrogate, 1–3 months for legal agreements and medical preparations, and 9 months for the pregnancy itself.

What Happens if There Are Complications During the Surrogacy Process?

Complications are addressed through contingency plans outlined in the surrogacy agreement. These plans may include additional medical care, financial compensation, or alternate arrangements for intended parents.