Surrogacy provides a vital reproductive solution for individuals unable to conceive naturally due to medical, biological, or social reasons. However, varying legal frameworks across countries create challenges. Legalizing surrogacy with proper regulations protects all parties, promotes social fairness, and advances reproductive technology.

1. Protecting the Right to Parenthood

Supports Infertile Couples – Around 15% of couples worldwide struggle with infertility. Surrogacy offers them a chance to have biological children.

Inclusive for LGBTQ+ and Single Parents – Legalization ensures fair access to parenthood for same-sex couples, transgender individuals, and singles.

2. Safeguarding Surrogate Mothers

Prevents Exploitation – Legalization ensures fair compensation, medical care, and protection from unethical agencies.

Ensures Medical Safety – Mandatory health insurance and strict medical guidelines reduce pregnancy risks.

3. Eliminating Underground Surrogacy & Cross-Border Issues

Reduces Illegal Surrogacy – Prevents unsafe black-market practices and legal disputes.

Regulates International Surrogacy – Ensures child citizenship clarity and prevents "surrogacy orphans."

4. Advancing Medical & Scientific Innovation

Supports IVF & Genetic Screening – Improves success rates and reduces birth defects.

Ensures Ethical Practices – Government oversight guarantees high medical standards.

5. Addressing Population Decline

Supports Low Birth Rate Countries – Japan, South Korea, and others face aging populations; surrogacy can help.

Provides Flexible Reproductive Choices – Beneficial for career-oriented women and older parents.

6. Establishing Global Legal Consistency

Prevents Cross-Border Legal Conflicts – Surrogacy babies face nationality and parental rights issues in unregulated regions.

Protects All Parties Involved – Clear legal frameworks safeguard parents, surrogates, and children.

Legalizing surrogacy ensures reproductive rights, protects surrogate mothers, prevents illegal practices, advances medical technology, addresses birth rate declines, and unifies global laws. Governments should work toward establishing safe, ethical, and regulated surrogacy practices to benefit society as a whole.

Surrogacy in the United States is governed by state-specific laws, leading to a diverse legal landscape across the country. There are no federal regulations overseeing surrogacy; thus, each state establishes its own legal framework.

State Classifications:

Surrogacy-Friendly States: States such as California, Illinois, and New Hampshire have laws that support surrogacy agreements. These states permit both gestational and, in some cases, traditional surrogacy arrangements, providing clear legal procedures for intended parents to establish parental rights.

States with Restrictions or Prohibitions: Some states, like Louisiana and Nebraska, have laws that restrict or prohibit certain types of surrogacy agreements, particularly commercial surrogacy. In these states, entering into a compensated surrogacy agreement may be illegal or unenforceable.

States with Unclear or No Specific Laws: In several states, there are no explicit statutes addressing surrogacy, leading to legal ambiguity. In such jurisdictions, the enforceability of surrogacy agreements may depend on court interpretations or may not be recognized at all.

Key Considerations:

Legal Counsel: Due to the complex and varied legal landscape, it is crucial for intended parents and surrogates to consult with legal professionals experienced in reproductive law within the relevant state.

Pre-Birth Orders: In surrogacy-friendly states, intended parents can often obtain pre-birth orders, allowing their names to be placed on the birth certificate immediately upon the child's birth. This legal process helps establish parental rights promptly.

Eligibility: Eligibility requirements for intended parents and surrogates vary by state. Some states have specific criteria regarding marital status, sexual orientation, and the genetic relationship to the child. For example, certain states may require intended parents to be married or to use their own genetic material in the surrogacy process. Given the intricate and state-dependent nature of surrogacy laws in the U.S., thorough research and professional guidance are essential for all parties involved to navigate the process successfully and legally.

Surrogacy is legally permitted in Kazakhstan under specific regulations. The country's legal framework allows for gestational surrogacy, where the surrogate has no genetic link to the child. Traditional surrogacy, where the surrogate is genetically related to the child, is prohibited.

Eligibility Criteria:

• Intended Parents: Only heterosexual married couples are eligible to pursue surrogacy in Kazakhstan. Single individuals and same-sex couples are not permitted to engage in surrogacy arrangements within the country.
• Surrogate Mothers: A prospective surrogate must be a woman aged between 20 and 35 years, possess good physical, mental, and reproductive health certified by a medical organization, and have at least one healthy child of her own. If married, she must provide notarized consent from her spouse to participate in the surrogacy arrangement.

Legal Considerations:

A formal surrogacy contract is mandatory, outlining the rights and obligations of both the intended parents and the surrogate mother. This contract must be notarized and include comprehensive information about the biomaterials used, whether from the intended parents or donors. The intended parents are responsible for covering all expenses related to the surrogate's medical examinations, the application of infertility treatment methods, and medical care during pregnancy, childbirth, and the postpartum period.

Post-Birth Procedures:

Upon the child's birth, the intended parents are recognized as the legal parents. The surrogate mother has no parental rights over the child.

Additional Information:

Intended parents are typically required to travel to Kazakhstan to sign all necessary contracts before the embryo transfer. Additionally, at least one intended parent must be present in Kazakhstan for the child's birth. For those considering surrogacy in Kazakhstan, it is advisable to consult with specialized agencies and legal experts to navigate the process effectively and ensure compliance with all legal requirements.