SURROGACY IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS IN LEGISLATION AND PRACTICE

Abstract

The legislation of the Republic of Kazakhstan in the field of reproductive health protection and protection of the traditional institution of marriage and family is studied. Along with them, regulatory legal acts in the field of application of assisted reproductive methods and technologies for treatment or overcoming infertility are studied, including on receipt by Kazakhstani citizens of medical care at the expense of the Compulsory Social Health Insurance Fund as insured in the system of compulsory social health insurance of citizens, social protection of individuals and families with children as a result of the use of surrogacy. A deep and comprehensive analysis of the norms of legislation in the considered area of ​​legal relations contributed to the identification of serious problems that our Kazakhstani citizens and families with a direct indication for surrogacy face in everyday life.

The author believes that the practice of using surrogate motherhood, which has developed against Kazakhstani citizens and families, contradicts legislation guaranteeing the right to protect the family, motherhood, fatherhood, and reproductive health, as well as to receive medical care from the insured at the expense of the CSHI Funds and social benefits from the Social Insurance Fund. It has been revealed that in violation of the requirements of the legislation on the protection of the reproductive health of citizens and their medical care in the MHI system, the Ministry of Health has established various kinds of illegal prohibitions in the use of any of the assisted reproductive methods and technologies. 

Serious criticism has also been leveled at the illegal activities of notaries, which are expressed in the performance of notarial acts on the notarial certification of surrogacy contracts, which contradict the legal nature of civil law contracts for the provision of services for a fee, the general principles and meaning of civil legislation.

At the end of the work, the author gives recommendations on improving Kazakh legislation, as well as advice to Kazakhstani citizens and families in protecting their constitutional rights to reproductive health, receiving free medical care and social benefits in case of loss of income due to pregnancy and childbirth and maternity leave.