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Surrogacy in Kazakhstan — Independent Legal Advice & Affidavit Services

Surrogacy in Kazakhstan — Independent Legal Advice & Affidavit Services
Overview
As a surrogacy lawyer in Kazakhstan, BOND STONE provides specialized independent legal advice and affidavit services to support international court proceedings involving surrogates residing in Kazakhstan. Kazakhstan is one of the few countries in Central Asia with a clearly defined legal framework governing surrogacy. The Code of the Republic of Kazakhstan “On Marriage and Family” (No. 518-IV, 26 December 2011), supplemented by the Code on Public Health and the Healthcare System (2020) and Ministry of Health Order on ART (DSM-272/2020), permits compensated gestational surrogacy and recognizes intended parents as the legal parents of the child from birth, without requiring post-birth court proceedings in Kazakhstan.
Kazakhstan has become an increasingly common source jurisdiction for surrogates engaged in international surrogacy arrangements — particularly for intended parents from Ireland, the United Kingdom, Australia, Canada, and other jurisdictions who subsequently seek parental orders or declarations of parentage from their domestic courts.
Our Role
BOND STONE acts exclusively as independent Kazakhstani counsel to surrogates residing in Kazakhstan in connection with foreign court proceedings. We do not represent intended parents, surrogacy agencies, or fertility clinics in surrogacy matters, ensuring that our advice to the surrogate is fully independent — a requirement of Irish, UK, Australian, Canadian and most other common law courts when processing parental order applications.
As an experienced surrogacy lawyer in Kazakhstan, BOND STONE has supported proceedings before the High Court of Ireland, the Family Court of England and Wales, and the Federal Circuit and Family Court of Australia, among others.
Our role is strictly post-arrangement: we are engaged after the surrogacy program is complete and the child has been born, to support the legal documentation required by the foreign court.
Services
Independent Legal Advice to the Surrogate
We provide the surrogate with comprehensive independent legal advice in her native language (Russian or Kazakh) covering:
  • The nature and consequences of the foreign court proceedings
  • The specific orders and declarations being sought by the intended parents
  • Her rights and obligations under the surrogacy arrangement and under Kazakhstani law
  • The effect of her consent on her parental status and future rights in relation to the child
This advice is provided in person at our Almaty or Astana office, or by secure remote consultation where the court permits.
Affidavit Preparation and Notarization
We draft, review and notarize the surrogate’s affidavit for use in foreign court proceedings, including:
  • Confirmation of the surrogate’s identity, nationality, and address
  • Confirmation of receipt and understanding of all court documents served on her
  • Confirmation of independent legal advice received
  • The surrogate’s consent to the orders sought, including declarations of parentage, guardianship, custody, and passport issuance
  • Any additional consents required by the applicable foreign legislation
Affidavits are prepared in English with certified Russian translation provided to the surrogate. Original notarized affidavits are dispatched by courier directly to the instructing solicitor.
Document Translation and Certification
We arrange certified Russian-language translation of all court documents served on the surrogate, including special summonses, notices of motion, ex parte orders, and supporting affidavits of the intended parents, ensuring the surrogate has full comprehension of the proceedings in her native language.
Ongoing Correspondence and Coordination
We liaise directly with the instructing solicitors in Ireland, the UK, Australia, Canada, or other jurisdictions throughout the matter, providing status updates and responding to court-directed queries regarding the surrogate’s position.
Jurisdictions Served
We provide affidavit and independent legal advice services supporting surrogacy proceedings in the following jurisdictions:
Ireland High Court of Ireland — Family Law Division (Surrogacy List) Proceedings brought under the Health (Assisted Human Reproduction) Act 2024, the Status of Children Act 1987, the Guardianship of Infants Act 1964, and the Passport Act 2008.
United Kingdom Family Court of England and Wales — proceedings under the Human Fertilisation and Embryology Act 2008 (parental orders) and the Surrogacy Arrangements Act 1985. Court of Session, Scotland — Family Division. High Court of Justice, Northern Ireland — Family Division.
Australia Federal Circuit and Family Court of Australia (FCFCOA) — proceedings under the Family Law Act 1975 (Cth) and applicable state and territory surrogacy legislation. Note: Australian courts require that independent legal advice received by the surrogate be demonstrably independent from the surrogacy agency and intended parents. Bond Stone’s independence from all agencies and intended parents satisfies this requirement.
Canada Ontario Superior Court of Justice (Family Court) British Columbia Supreme Court Alberta Court of King’s Bench Quebec Superior Court
New Zealand Family Court of New Zealand — proceedings under the Status of Children Act 1969 and the Care of Children Act 2004.
Belgium Courts of First Instance — Family Division. Belgium permits altruistic surrogacy on a case-by-case basis; parentage proceedings vary by court.
Netherlands District Courts — Family Division. The Netherlands permits altruistic surrogacy in limited circumstances; legal parentage requires court proceedings.
Other Jurisdictions We accept instructions in connection with surrogacy proceedings in any common law or civil law jurisdiction upon request. Please contact us to discuss your specific matter.
Instructing Bond Stone
We accept instructions from licensed solicitors and law firms acting for intended parents in foreign court proceedings. We do not accept direct instructions from intended parents or surrogacy agencies.
To instruct a surrogacy lawyer in Kazakhstan with demonstrated experience in international court proceedings, please contact: info@bondstonelaw.com +7 701 729 76 72
A Note on Kazakhstani Surrogacy Law
Under the Code of the Republic of Kazakhstan “On Marriage and Family” (No. 518-IV, 26 December 2011), as supplemented by the Code on Public Health and the Healthcare System (2020) and Ministry of Health Order on ART (DSM-272/2020), surrogacy in Kazakhstan is governed as follows:
Surrogacy is permitted exclusively for legally married heterosexual couples where the intended mother has a documented medical indication preventing her from carrying a pregnancy. Single individuals and same-sex couples are not eligible under current Kazakhstani law. The surrogacy contract must be executed in writing and notarized before the embryo transfer. Intended parents are recognized as the child’s legal parents from birth, with their names recorded directly on the birth certificate.
Surrogate mothers must be aged 20–35, in good physical, mental and reproductive health, and must have at least one healthy child of their own. If the surrogate is married, her spouse must provide notarized consent.
Bond Stone’s affidavit and independent legal advice services relate solely to supporting surrogates residing in Kazakhstan in foreign court proceedings. We do not advise on the structuring of surrogacy arrangements or act for intended parents or agencies in the same matter.