Status of Surrogacy in Azerbaijan

The exploitation of a person is defined as forced labor (servitude), sexual servitude, slavery, practices similar to slavery and related conditions of servitude, illegal pull out of human organs and tissues, illegal biomedical research on a person, use of a woman as a surrogate mother, and engagement in illegal activities (including criminal activities) in article 144-1 (note part) of the Republic of Azerbaijan’s Criminal Code.

Surrogacy in Azerbaijan

Utilizing a woman as a surrogate mother through the recruitment, obtaining, keeping, harboring, transporting, giving, or receiving of a person through threat or use of force, intimidation, or other means of coercion, abduction, fraud, deception, abuse of power [influence] or a position of vulnerability, or by giving or receiving payments or benefits is regarded as a form of exploitation and is recognized as a form of human trafficking.

The Public regulation of the Republic of Azerbaijan doesn’t set out unambiguous components comparable to the security of the freedoms of kids brought into the world from surrogacy plans. In addition, the national law does not provide a detailed definition of the term “surrogate mother.”

The “Citizenship of the Republic of Azerbaijan” law contains no specific language regarding the citizenship of surrogate children. Notwithstanding, compliant with Article 1 of the law, an individual brought into the world in the domain of the Republic of Azerbaijan, or of a resident of the Republic of Azerbaijan will turn into a resident of the Azerbaijan Republic. A person who has one parent who is a citizen of the Azerbaijan Republic is also eligible to become a citizen.

In addition, every child is granted Azerbaijani citizenship in accordance with the law on “Citizenship of the Azerbaijan Republic,” with the exception of the following cases, in accordance with Article 10 of the Azerbaijani law on Children’s Rights.

A child born on the territory of the Republic of Azerbaijan to parents who are both foreign nationals is not eligible for citizenship.

A child born on the territory of the Republic of Azerbaijan who is the child of a foreign parent and a stateless parent is not eligible for citizenship.

Regarding the safety of newborns, it is important to note that all newborns are registered in medical facilities at birth, and district registration offices receive information about the territorial children’s polyclinics and medical registration certificates.

Birth registration in the Republic of Azerbaijan is carried out at the place of the child’s birth or at the place of registration of the parents or one of them, as stated in article 166.1 of the Family Code.

It is against the law to restrict the rights of citizens based on their social, racial, national, religious, or linguistic origin during the birth registration process.


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