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STATE SURROGACY LAW:

Kansas Surrogacy Laws

Overview

The Kansas Parentage Act K.S.A. 23-2201 et. seq. and Assisted Conception, Reproductive Technology K.S.A. 23-2302 et. seq. statutes allow for surrogacy. Different legal processes and limitations apply to traditional surrogacy.

Recent Appellate case law articulates that the parent/child relationship is not strictly defined by biological connection to the child.

Types of Surrogacy Available in Kansas

Can a parentage order be obtained for the following?

Gestational surrogacy

YES

Altruistic surrogacy

YES

Traditional surrogacy

Traditional surrogacy is a possibility in Kansas, but surrogates can’t receive compensation beyond what adoption statutes allow, such as reasonable medical and living expenses. However, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Parentage

Who can be declared as the parent(s) of a child from a surrogate by a court parentage order?

💚 – Both Intended Parent(s) can be named on the parentage order

💛 – Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother or Parent-Parent.

The first report of live birth lists the surrogate as the mother, but Kansas allows the birth certificate to be amended immediately so that the birth certificate is issued with the Intended Parent(s) with no reference to the carrier.

Rights of Egg or Sperm Donor(s)

According to K.S.A 23-2301  et. seq. and K.S.A. 23-2208(f), which pertains to artificial insemination, sperm donors have no parental rights over the donated gametes or a resulting child unless rights are retained in writing. While not tested, the constitutional provisions of equal protection, arguments and pursuant to K.S.A. 23-2226 the same statutes apply to egg donors.

Surrogacy Steps in Kansas

Surrogacy Process in Kansas

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations at the fertility center

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth parentage order

Proceedings begin after the first trimester

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

7-10 business days

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Although there aren’t statutes or case law pertaining to surrogacy, gestational surrogacy contracts in Kansas are routinely recognized and enforced by the state. Traditional surrogacy contracts are not enforceable.

Independent Counsel

Independent counsel for all parties involved in a surrogacy agreement is recommended as per the Association of Adoption and Assisted Reproduction Attorneys. It is required by many Judges but not required by Kansas law.

Requirements for Surrogates and Intended Parent(s)

Kansas has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders:

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

VARIES

Pre-birth orders and Post-birth orders require a hearing. If there is a hearing, the parties usually don’t need to attend the hearing, but the attorneys do need to attend. This may vary by judge.

Post-delivery proceedings are available to assist in the child obtaining citizenship in the country of citizenship of the Intended Parent(s).

Bases of Venue

What are the bases of venue?

Parties may consent to venue. Some venues are more predictable and favorable than others.

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

NO

International Issues

International Intended Parent(s) may find doing surrogacy in Kansas a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about the facts of their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.  

Residency Requirements

Does Kansas have any residency requirements for out-of-state or International Intended Parents?

NO

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can they obtain a birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

While not required, it is legally advisable for Intended Parents, if married, to do a confirmatory second parent adoption. The second parent adoption is set for immediate hearing and does not require a home study or court appearance by the parents.

Passport Timeline

6-8 weeks after submitting birth certificate.

 

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 8 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Rachael K. Pirner
Triplett Woolf Garretson, LLC.
2959 N. Rock Road, Suite 300
Wichita, Kansas 67226
(316) 630-8100 Ext. 212
rkpirner@twgfirm.com
www.twgfirm.com

Assisted with 2023 Updates

Amanda Marino
Martin Pringle Attorneys at Law
645 E. Douglas, Ste 100
Wichita, Kansas 67202
(316) 265-9311
ammarino@martinpringle.com
www.martinpringle.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated July 2023