One-sentence answer: Kazakhstan signed Law No. 350-VIII on July 14, 2026 and came into effect on July 26: Only couples who are of Kazakhstan nationality and are in legal marriage can serve as clients of third-party assisted pregnancy services. For foreign clients, the window for new projects is closed.
Families who have contracted or entered into medical procedures are required to obtain written advice from local independent lawyers on a case-by-case basis.
This article is based on public legal information and does not constitute a legal opinion. For all individual cases, please refer to the current laws in Kazakhstan and the written opinions of local practicing lawyers.
1. What has been changed in the new regulations? The following table is the core clauses and key points of this revision. It is recommended to compare your current stage one by one.
| After the revision of the project, it is stipulated that who can be the entrusting party is limited to Kazakhstan nationality, and the form of a couple agreement in a legal marriage must be signed in writing and certified by a notarized public. From the date of signing the agreement, The entrusting couple is the parent who is recognized by law as a baby born through assisted reproductive technology. The entrusting couple must sign a separate medical service agreement with the medical institution that implements assisted reproductive technology. The entrusting party is obligated to bear the expenses related to third-party assisted pregnancy medical examination and assisted reproductive technology; Submit to the institution the physical and mental health status of both spouses and medical genetic examination certificates. The scope of the fee shall bear the medical expenses incurred by third-party assisted pregnancy during pregnancy, delivery and 56 days after delivery; In the event of complications during pregnancy or childbirth, the conditions for third-party assisted pregnancy (originally stipulated) are extended to 70 days after delivery. Age 20 - 35 years old, physically and mentally healthy, and have given birth to at least one healthy child; married third-party assisted pregnancy requires notarized consent of the spouse. Time: The law will take effect on July 26, 2026, except for individual provisions. | |
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2. Why this tightening occurred According to public reports, in December 2025, members of the Parliament of Kazakhstan raised questions about the supervision of third-party assisted pregnancy, pointing out that the original legal provisions were not strict enough, making Kazakhstan a destination for some foreigners seeking third-party assisted pregnancy services, which may easily lead to legal disputes, risk of statelessness for children and so-called "reproductive tourism."
Since then, Parliament and the health department have jointly drafted amendments.
The inspiration of this background for families is that policy tightening is often not because a certain country is "unfriendly", but because countries are increasingly paying attention to parental rights, child identity and ethical risks in cross-border assisted reproduction. To judge any destination, we must take "whether it is possible to tighten in the next year or two" as a mandatory question.
3. Response in stages: At which stage you are at, the problems faced by your family at different stages are completely different. Please position yourself first and then follow the corresponding suggestions.
| What should you do now in your situation? You have not yet signed an appointment and are still under investigation. You should no longer use Kazakhstan as a new project option. | |
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| Re-conduct destination assessments and give priority to areas with clear laws and stable systems. | |
| Stop new payments immediately if the contract has been signed but no embryo transfer has yet occurred; obtain written opinions from local independent lawyers (not verbal explanations from the institution); do not sign a supplementary agreement of "sign first and then make up"; check the withdrawal and refund clauses in the contract. | |
| Transplants have been completed and the original medical records and contracts are completely preserved during pregnancy; written opinions are obtained on the continuity of pregnancy care, birth registration, confirmation of parental rights, and return certificates; and stay time and certificate processing cycle are planned in advance. | |
| Birth registration, nationality, passport or travel document, parentage identification and settlement after returning home are four independent issues and must be handled separately. |
4. Five documents that signed families must check. The following five materials will be repeatedly quoted when communicating with lawyers. It is recommended to organize them into complete files in advance.
1. Contract and payment timeline: Clarify which step of legal action occurs before July 26 and which step follows.
2. Clinic and embryo records:When did egg retrieval, embryo culture, and transfer occur?
3. Consent documents and care plans for third-party assisted pregnancy:Ensure that continuous medical care and third-party assisted pregnancy have independent decision-making rights.
4. List of birth registration and return documents:birth registration, notarization or certification, passport or travel document route.
5. Written opinions from local professionals:requirements for parentage identification, entry and subsequent registration.
Note: The signing date is before the new law takes effect and does not automatically guarantee that every subsequent step will continue. Notarization, clinic contracts, embryo transfers, and birth registration occur at different points in time and need to be confirmed item by item.
5. Before the next signing of the contract, the four things that must be written in the contract. The
greater risks of cross-border assisted reproduction are policy risks rather than medical risks. The following four types of terms should be confirmed one by one before signing the contract.
1. Exit mechanism for policy changes:How to terminate or transfer contracts when legislative changes occur.
2. Refund arrangement:Refund proportion and time node by stages.
3. Treatment of incurred expenses:How to settle medical expenses, third-party assisted pregnancy management fees, etc. in case of interruption.
4. Dispute resolution method:Whether the applicable law, jurisdiction, and dispute resolution path are clear.
The following three sentences can be directly used to determine whether the other party is professional. If you are vague about these three questions, the risks have already been written in the answers.
● If a policy change prevents the project from continuing, what is the refund clause in the contract?
● Can I obtain independent written opinions from lawyers practicing in the country of destination?
● Can fee payment be made through third-party escrow or phased payment?
6. Four dimensions when re-evaluating destination
When re-selecting destination, it is recommended to compare the following four points horizontally in the same table, rather than just price.
1. Legal status:Is it "long-term stability","draft suspension" or "discussion window"? The risk levels of the three are completely different.
2. Parental rights and document paths:how to register after the child is born, how to obtain travel documents, parent-child relationship and settlement requirements after returning home.
3. Local entities and professional teams:Whether there is a verifiable cooperation network of local entities, lawyers and medical institutions.
4. Worst-case scenario for time and budget:Whether you are prepared to deal with extensions, interruptions and second rounds.
7. Common Questions
The following questions come from centralized consultation after the announcement of the new regulations.
Q1: After July 26, 2026, can foreigners still provide third-party pregnancy assistance in Kazakhstan?
No. The new law clarifies that only couples with Kazakhstan nationality and legal marriage can serve as clients. Kazakhstan should no longer be an option for new projects.
Q2: Will the new law be retroactive to projects that have already been contracted?
The law does not provide uniform transitional rules. In principle,"non-retroactivity" does not mean that every subsequent step can be completed as usual. Written opinions from local lawyers must be obtained on a case-by-case basis.
Q3: What should I do if I have already paid?
Stop new payments first, and then handle them in accordance with the withdrawal and refund clauses in the contract; if there is no relevant agreement in the contract, local lawyers need to intervene to evaluate the rights that can be claimed.
Q4: The child has been born. Will the return certificate be affected?
Birth registration, nationality, travel documents and the identification of parentage after returning to China are different links. The specific path depends on the legal status at the time of birth and the relevant regulations of the two countries. It is recommended to consult professional lawyers and household registration departments immediately.
Q5: Does this mean that other Central Asian countries will follow suit?
Kazakhstan's path of amending the law (first forming practice and then tightening with citizenship as the threshold) is of reference significance for the direction of regional policies. Kyrgyzstan has entered the public discussion stage of the relevant amendment bill in August 2026, but has not yet been passed. Any judgment should be based on the existing laws and regulations of each country.
Q6: Is IVF also affected?
This amendment is aimed at the qualifications of third-party entrusting parties for pregnancy assistance. Whether assisted reproductive medical services such as IVF are open to foreign patients requires separate verification of medical institutions and visa policies and should not be confused with the new regulations on third-party assisted pregnancy.
Q7: How to avoid encountering similar policy risks again?
When selecting a destination, policy stability is regarded as an indicator with the same weight as the cost; independent written opinions from local lawyers are obtained before signing the contract; the contract must include policy change clauses. All three points are indispensable.
About our Lelaiwa
International Fertility Assistance provides information consultation and inspection coordination services in the overseas field of assisted reproduction, including institutional information comparison, on-site visits, cycle coordination and full-process accompanying medical support. We do not engage in medical conduct, provide legal advice, and make no commitment to any results. Policy and legal issues should be subject to the official release of the destination country and the written opinions of local practicing lawyers.
Source:
● Law No. 350-VIII of Kazakhstan (signed on July 14, 2026 and entered into force on July 26) and its amendment to the Marriage (Couples) and Family Code.
● Public reports on relevant questions and drafting of amendments by the Parliament of Kazakhstan.
● Public information on the progress of discussions on relevant amendment bills in Kyrgyzstan in August 2026.
Disclaimer
This article is a public compilation of legal information and does not constitute legal opinions or service commitments. The circumstances of individual cases vary greatly, so please be sure to consult the practicing lawyer in the destination country and relevant departments in your country.
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