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Kansas doesn’t have any statutes or case law that address surrogacy, meaning that neither gestational nor traditional surrogacy are prohibited. However, different legal processes and limitations apply to traditional surrogacy.
Can a parentage order be obtained for the following?
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.
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.
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.
According to K.S.A 23-2301 to 2303, which pertains to artificial insemination, sperm donors have no parental rights over the donated gametes or a resulting child. However, different statutes apply to egg donors.
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.
Although there aren’t statutes or case law pertaining to surrogacy, gestational surrogacy contracts in Kansas are recognized and enforced by the state. Traditional surrogacy contracts, however, are not enforceable.
Independent counsel for all parties involved in a surrogacy agreement is recommended as per the Association of Adoption and Assisted Reproduction Attorneys, but not required by Kansas law.
Pre-birth orders don’t usually require a hearing, but post-birth orders may. However, this depends on the judge hearing the case. If there is a hearing, the parties usually don’t need to attend the hearing, but again, this depends on the judge.
Post-delivery proceedings are available to assist in the child obtaining citizenship in the country of citizenship of the Intended Parent(s).
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.
Same-sex couples may obtain a birth certificate naming only the genetic father. If the Intended Parents are married, they can then complete a step-parent adoption in Kansas or elsewhere. After this is done, Kansas Vital Statistics issues a birth certificate naming both parents.
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.
Martin Bauer
Martin Pringle Attorneys at Law
100 N. Broadway Suite 500
Wichita, Kansas 67202
(316) 265-9311
mwbauer@martinpringle.com
www.martinpringle.com
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 October 2019
