What You Need to Know About Surrogacy in Kansas

What You Need to Know About Surrogacy in Kansas

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Kansas Surrogacy Laws and Information

If you’re considering surrogacy in Kansas, you’re in luck. While there are no surrogacy laws in Kansas regulating the process, surrogacy professionals throughout the state have created a legal process to safely and effectively help intended parents and surrogates make their dreams come true.

American Surrogacy is one of them. While our agency works across the U.S., our headquarters are located in Kansas, and we are happy to work with intended parent and surrogates from throughout the state. We can always answer any questions you have about surrogacy in Kansas to help you decide if it’s the right path for you.

If you have questions about surrogacy laws in Kansas, we can also refer you to trusted Kansas surrogacy attorneys who will represent you during your family-building process. In the meantime, you can find answers to some commonly asked questions about Kansas surrogacy laws below.

Q: Is surrogacy legal in Kansas?

A: Yes. Like many states, Kansas does not have any laws governing the surrogacy process. There are no surrogacy laws in Kansas prohibiting or authorizing this family-building process — but that doesn’t mean it is impossible for intended parents and surrogates in this state.

Many judges and courts are favorable toward the surrogacy process, meaning surrogacy is legal in Kansas if completed in an appropriate manner.

Q: Is compensated surrogacy legal in Kansas?

A: Yes, as there are no surrogacy laws in Kansas prohibiting compensated surrogacy or regulating the base compensation a surrogate can receive.

Q: Is traditional surrogacy legal in Kansas?

A: Yes. Because there are no laws on surrogacy in Kansas — whether traditional or gestational — there are no laws stating this process is illegal. However, because of a traditional surrogate’s relationship to the baby, the process is often viewed as an adoption under Kansas law, which means this kind of surrogacy is subject to strict laws regarding compensation and payment, as well as potential legal and emotional complications

Q: What does a surrogacy agreement in Kansas cover, and how does the legal process work?

A: Surrogacy in Kansas should always be completed with the protection of a legal contract, which outlines expectations and responsibilities for each party moving forward. A contract drafted by an experienced surrogacy attorney in Kansas is crucial to a surrogacy process that is safe for both parties and protects all of their rights and interests.

When you create a Kansas surrogacy contract, you and your surrogacy partner must be represented by separate surrogacy attorneys. These attorneys will create a legal contract that addresses:

  • 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

After your Kansas surrogacy contract is approved and finalized, you and your surrogacy partner will be able to start the medical process of surrogacy.

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. Please speak with a local surrogacy attorney to learn more about the legal process of surrogacy in this state.

Q: What are the surrogacy laws in Kansas on parentage orders?

A: Pre-birth orders are regularly granted in Kansas if the intended parents in a surrogacy are using their own egg and/or sperm. The availability of pre-birth orders will depend upon the court and judge reviewing the legal request.

Typically, any non-genetically related intended parent will need to complete an adoption after birth to establish their parental rights to their child born via surrogacy in Kansas.

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.

Q: When do intended parents need to complete an adoption after birth? 

A: If an intended parent — no matter whether or not they’re married — has no genetic relationship to their child, they are often required to complete a stepparent adoption, depending on their personal situation.

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. If intended parents wish to establish their parental rights through an adoption after birth, they will need to be married.

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: As mentioned, any non-genetically related intended parent will need to complete an adoption after the birth of their child via surrogacy in Kansas. If neither intended parent is related to their child, the surrogacy may be treated as an adoption under Kansas law and be subject to additional restrictions.

If you are considering using an egg, sperm or embryo donation in your Kansas surrogacy, please contact a local assisted reproduction attorney.

Q: Are there any additional laws impacting same-sex surrogacy in Kansas?

A: No. LGBT intended parents will go through the same Kansas surrogacy process as straight intended parents, excepting any necessary adoption orders due to a gamete donation.

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Whether you are ready to start your Kansas surrogacy process or want to learn more about surrogacy in Kansas, please contact our surrogacy specialists. We’ve worked with many intended parents and surrogates who live in Kansas, and we are happy to provide the case management and support services you need to safely and efficiently reach your surrogacy goals.

To learn more about our Kansas surrogacy program, please call 1-800-875-2229(BABY).

American Surrogacy makes no guarantee that the information in this article is accurate and up-to-date, and it should not be taken as legal advice. Surrogacy laws in Kansas are always subject to change, so please speak with a local surrogacy attorney for more information about the current legal state of surrogacy in Kansas.