Gestational Surrogacy is permitted in Kansas because no statute or published case law prohibits it. Although there aren’t any specific laws related to surrogacy, many intended parents have been successful in pursuing surrogacy to build their families.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Kansas, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Kansas.
Gestational surrogacy is legal because no statute or published case law prohibits it.
Traditional surrogacy is legal because no statute or published case law prohibits it.
There are no regulations regarding the base compensation a surrogate can receive for her services; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
There are no specific requirements for surrogacy contracts in Kansas. However, both the surrogate and the intended parents must be represented by separate surrogacy attorneys to ensure both parties’ individual rights and interests are protected.
These attorneys will negotiate a contract that addresses the following:
The intended parents, the surrogate, and her spouse (if applicable) must consent to and sign the surrogacy contract before it is finalized. Only then can the medical process of surrogacy begin.
Kansas courts will usually grant a pre-birth parentage order to an intended parent who is genetically related to the child. The availability of pre-birth orders will depend on the court and the judge reviewing the legal request.
An intended parent who is not genetically related to the child, but who is married to the genetic intended parent, must then complete a stepparent adoption to secure his or her parental rights. Second-parent adoptions are not permitted in Kansas; therefore, unmarried non-genetic intended parents will be required to complete a post-birth adoption outside the state.
Below is a list of some of the most frequently asked questions about surrogacy in Kansas:
A: There are no surrogacy laws in Kansas regarding the enforceability of surrogacy contracts. However, since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable. It is important to work with an experienced surrogate attorney to guide you through this process.
A: No. Because there are no surrogacy laws in Kansas, there are no laws that specifically apply to international intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: If an intended parent does not have a genetic connection to their child born through surrogacy, they are often required to complete a stepparent adoption.
A: No. Second-parent adoptions are not available in Kansas. Unmarried intended parents must either get married before their surrogacy to establish their parental rights, or they will need to pursue a second-parent adoption outside the state in order to secure their legal parental rights.
A: Intended parents who need to complete a second-parent adoption can complete this legal process in another state and then return to Kansas for a new birth certificate. They can also choose to get married in Kansas and complete a stepparent adoption within the state.
A: Intended parents who have no genetic relationship to the child born through surrogacy will need to complete an adoption post-birth. Therefore, when an egg donor, sperm, or embryo is used, the intended parent(s) with no genetic connection will need to complete an adoption after the birth of their child.
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
A: No. There are no additional laws impacting same-sex parents in this state.
Doug Keeling
Wichita, KS
keelaw202@hotmail.com
(316) 265-2210
Rachael K. Pirner
Wichita, KS
rkpirner@twgfirm.com
twgfirm.com
(316) 630-8100
Joni Franklin
Wichita, KS
joni@franklinlaw.com
jfranklinlaw.com
(316) 264-5664
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