In Kazakhstan, there is no ban on conducing of a "surrogate motherhood" program, but there is no still legal framework regulating this relationship.

The origin of surrogacy in Kazakhstan takes in 1998, when the Act was passed, "Marriage and the Family," which gave the right to use this method of assisted reproductive technology (ART). In 1999, the Center for Human Reproduction spent the first surrogacy program. In 2004 there was a law "On reproductive rights and guarantees of their implementation." In 2009 there was the Code "On people's health and the health care system." These documents laid the legal basis of surrogate motherhood.

January 7, 2012 was enacted Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family." The then existing law of the Republic of Kazakhstan of 17 December 1998 "On Marriage and Family" is declared invalid.

Thus, the Code of RK "On Marriage (Matrimony) and Family" contains a chapter 9 "Surrogacy and the use of assisted reproductive techniques and technologies."

Article 54 of the Code provides that a contract of surrogate motherhood, which is written in compliance with the civil legislation of the Republic of Kazakhstan and is subject to mandatory notarization. Along with the contract surrogate motherhood wife (customers) enter into a contract with a medical organization employing assisted reproductive techniques and technologies, which will provide the relevant services.

Article 56 of the Code establishes the requirements for a surrogate mother.