Life and health insurance for a surrogate mother
Surrogate mother insurance can provide financial protection for a woman's life and health during an assisted reproductive technology programme, pregnancy and childbirth. It is a specialised voluntary product whose terms depend on the particular insurer and on a medical assessment.
Surrogacy is of great social importance for couples who are unable to carry a child themselves. At the same time, the programme involves medical, legal, ethical and financial risks. Insurance is only one element of protection and does not replace the notarised contract, medical supervision or professional legal advice.
Legal basis in Kazakhstan
Surrogacy is regulated by the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" and the rules on the use of assisted reproductive methods and technologies. The contract is concluded in writing and must be notarised.
At the same time, the intended parents enter into a contract with a medical organisation that applies assisted reproductive methods and technologies. The insurance contract does not replace these documents and must be aligned with their terms, so that there are no contradictions in deadlines, obligations or the list of expenses.
In 2026 the legislation continues to change, including the requirements for intended parents. Before the programme begins, it is necessary to check the current wording of the Code, the date on which the latest amendments take effect, and the restrictions that apply to citizenship and marital status.
Requirements for a surrogate mother
Under the basic requirements of the Code, a woman who wishes to become a surrogate mother must:
- be between 20 and 35 years old;
- have satisfactory physical, mental and reproductive health, confirmed by the conclusion of a medical organisation;
- have her own healthy child;
- provide the medical documents required for the notarised contract;
- if she is married, obtain her spouse's notarised consent to take part in the programme.
The earlier requirement on this page of at least two children has been corrected: the legislation refers to having one's own healthy child. Health is assessed by the medical organisation, not by an insurance consultant.
How this insurance differs from other policies
The risk cannot automatically be equated with ordinary life insurance, an accident policy or voluntary health insurance. Pregnancy, childbirth, medical interventions and reproductive consequences require special definitions.
A standard policy may exclude pregnancy, elective procedures or previously known conditions. For this reason, the name of a product means nothing without the exact text of the rules and the individual contract.
What coverage may be discussed
The historical Polis Re programme included several areas. In a modern contract, each of them must be expressly agreed with the insurer:
Life
An insurance payment to the beneficiary on the death of the insured person from causes specified in the contract.
Accident
Injury, disability or other consequences of an event under the insurer's payment schedule and definitions.
Reproductive consequences
Specific complications or the loss of reproductive organs, only if the risk is expressly included and medically confirmed.
Pregnancy complications
Missed miscarriage, hospitalisation and interventions may be covered or excluded depending on the programme.
The page previously mentioned arranging a maternity clinic and postnatal home visits for the baby up to one year. These are service and medical offerings that should not automatically be regarded as insurance coverage. Their availability, provider, scope and payment must be documented separately.
What to look for in the contract
- insured person: the surrogate mother and, where applicable, other participants;
- period of cover: the date from which cover begins and when it ends;
- insured events: exact diagnoses, events and medical criteria;
- exclusions: elective procedures, chronic conditions, failure to follow recommendations and other restrictions;
- surgical intervention: whether a payment is excluded merely because surgery was needed;
- sum insured: the overall limit and separate limits per event;
- beneficiary: who will receive the payment on death and whether the designation can be changed;
- documents: medical reports, discharge summaries, certificates and the deadlines for submitting them;
- territory: which clinics and countries are covered;
- coordination of contracts: no conflicts with the notarised agreement and the clinic's contract.
Beneficiary
In life insurance, the surrogate mother names a beneficiary in the manner permitted by law and the contract. This may be a spouse, parents or another person. The wording must be precise and the details up to date.
A payment under an insurance policy and the intended parents' obligations under the notarised contract may have different legal natures. They cannot be substituted for one another without an analysis of the documents.
What the notarised contract should contain
In addition to the requirements of the legislation, the parties usually record their rights and obligations, the financial costs of maintaining the surrogate mother, the procedure for medical supervision, information on the progress of the pregnancy, liability and the steps to take in the event of complications.
The exact terms are prepared with the involvement of a notary and a lawyer. An insurance specialist should not give guarantees about parental rights or the consequences of a party's withdrawal without studying the applicable rule and the contract.
The medical organisation and IVF
An assisted reproductive technology programme is carried out by a medical organisation that has the necessary permits and specialists. The list of clinics given in the old version of the article has been removed as incomplete and outdated.
When choosing a clinic, check its licence, experience, examination protocol, storage of biological material, informed consent, procedures in case of complications and protection of medical confidentiality. The decision on whether a procedure is permissible is made by the medical team on the basis of the patient's health.
How to prepare for insurance
- Obtain legal advice on the current requirements for intended parents and the surrogate mother.
- Choose a medical organisation and obtain the list of required examinations.
- Build a risk map: life, health, complications, expenses and liability.
- Request proposals from life insurers willing to consider this risk.
- Compare contracts on identical events, sums and exclusions.
- Align the documents between the insurer, the notary and the clinic.
- Keep the originals of consents, medical reports, the policy and payment confirmations.
If an insured event occurs
You need to obtain medical care, notify the insurer on time and gather the documents. Do not wait for the end of treatment if the contract requires early notification. It is best to record all applications and replies in writing.
If a claim is refused, ask for a reasoned decision that cites the relevant clause of the contract. An insurance dispute goes through the established pre-trial procedure, including an appeal to the insurance ombudsman where applicable.
The role of Polis Re
Polis Re has historically taken part in developing and placing specialised risks together with insurers. Today the possibility of arranging cover must be confirmed anew: the 2013 programme is not a permanent public offer.
The insurance service is provided by the licensed life insurer named in the policy. Polis Re can advise and help with documents, but does not assume the obligation to pay in place of the insurer.
This material is for information purposes only and is not medical or legal advice. The legislation and the availability of the product may change.