Kyrgyzstan offers a legally robust and supportive environment for surrogacy, making it an ideal destination for individuals or couples seeking assisted reproductive services. According to Article 104 of the nation’s reproductive laws, citizens, including foreign nationals with residency permits, have the right to access third-party assisted reproductive methods based on medical indications. The process is fully regulated, requiring a notarized contract to ensure legal protection for all parties involved.
Furthermore, Kyrgyzstan recognizes the reproductive rights of individuals regardless of marital status, as outlined in Article 57. This guarantees everyone the freedom to make independent reproductive choices, including the use of advanced assisted reproductive technologies such as artificial insemination, in vitro fertilization (IVF), and embryo implantation. Women also have the right to decide the timing and spacing of their children, offering flexibility and autonomy in family planning.
The country’s laws, as defined in Article 3, allow for the use of donated reproductive cells, tissues, and third-party assisted reproduction. This inclusivity enables intended parents to benefit from a comprehensive range of services, including egg or sperm donation and surrogacy arrangements. Moreover, the “loving mother” criteria ensure that surrogates are carefully selected based on their health, medical history, and informed consent, further enhancing the safety and reliability of the process.
With these advantages, along with affordable healthcare and professional medical expertise, Kyrgyzstan stands out as a top choice for surrogacy, offering both legal assurance and high-quality reproductive services.
Article 3: Basic Concepts and Definitions Used in This Law
- Assisted Reproductive Technology – Methods for treating infertility (artificial insemination, artificial insemination with embryo implantation), involving conception and early embryo development outside the mother’s body, including all or some stages (such as the use of donated and cryopreserved reproductive cells, reproductive organ tissue, and embryos, as well as third-party assisted reproduction).
- Third-Party Assisted Reproduction Agreement – An agreement between individuals who wish to have a child and a woman who agrees to use artificial insemination or embryo implantation methods and carry the child to term before birth.
Article 57: Reproductive Rights of Citizens
- Everyone has the right to access comprehensive and available sexual and reproductive health services as part of healthcare.
- Citizens, regardless of marital status, have the right to control and responsibly make free decisions regarding the number of children, timing of childbirth, and birth intervals, including the use of modern contraceptive methods.
- Women, regardless of marital status, have the right to make independent reproductive choices, including safe abortion.
Article 104: Assisted Reproductive Methods and Technologies
- Based on medical indications, citizens have the right to use third-party assisted reproductive methods to have children. Third-party assisted reproductive methods may only be used on the basis of a notarized contract.
- A “surrogate mother” can be a woman aged between 20 and 35, who has at least one healthy biological child, has undergone medical genetic counseling, and has provided written, informed, and voluntary consent for medical intervention.
- A person who signs a contract for the purpose of implanting embryos into another woman for childbirth shall ensure that the child is registered with the civil registry at birth under the names of the parents.
Additional Provisions
- According to Section 1, Article 55 of the newly enacted Citizens’ Health Protection Law (January 12, 2024), “Foreign nationals residing (or obtaining a visa on arrival) in the Kyrgyz Republic, stateless persons, and refugees with permanent residence status in Kyrgyzstan are entitled to health protection rights.” The process for foreign citizens residing in Kyrgyzstan to apply for residence permits is specified.
- According to Section 5, Article 57 of the Citizens’ Health Protection Law (January 12, 2024), citizens, regardless of their health or marital status, have the right to become parents through surrogacy.
