Kansas surrogacy laws & gestational process guidelines

Is gestational Surrogacy legal in Kansas?

Gestational surrogacy is legal because no statute or published case law prohibits it.

is Traditional Surrogacy legal in Kansas?

Traditional surrogacy is legal because no statute or published case law prohibits it.

Is Compensated Surrogacy legal in Kansas?

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:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Kansas Surrogacy Contract

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:

• Surrogate compensation and other financial information
• Potential risks and liabilities of the surrogacy process
• Legal process for establishing parental rights
• Contact expectations before, during, and after the surrogacy process
• Plans for the hospital stay
• And more

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.

Determining Legal Parentage in Kansas

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.