GESTATIONAL SURROGACY LAW KANSAS
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.
Is Gestational Surrogacy Legal in Kansas?
Yes. Gestational surrogacy is legal because no statute or published case law prohibits it.
Is Traditional Surrogacy Legal in Kansas?
Yes. Traditional surrogacy is legal because no statute or published case law prohibits it.
Is Compensated Surrogacy Legal in Kansas?
Yes. 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.
Same-Sex Surrogacy in Kansas
Q: Is Same-Sex Surrogacy Legal in Kansas?
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.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Kansas?
A: No. There are no additional laws impacting same-sex parents in this state.
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable 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.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Kansas?
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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
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.
Q: Does Kansas Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
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.
Q: If Intended Parents Cannot Complete a Second-Parent Adoption, How Can Unmarried Non-Biological Intended Parents Protect Their 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.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
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.
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