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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.
Can a parentage order be obtained for the following?
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 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.
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 routinely recognized and enforced by the state. Traditional surrogacy contracts 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. It is required by many Judges but not required by Kansas law.
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.
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).
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.
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.
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.
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
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 July 2023
