Surrogacy in Kansas

Gestational Surrogacy in Kansas

Kansas is a favorable state for surrogacy, despite there being no existing statutory or case law directly addressing the topic of surrogacy contracts. Heterosexual IPs, regardless of marital status, can traditionally obtain a pre-birth order so long as they both have a genetic connection. For same sex couples, regardless of marital status, and potentially heterosexual couples using donor material, parentage is established in two parts: (1) a pre-birth order establishing the parentage for the genetic parent and (2) a court order for the other non-genetic parent, usually by way of a step-parent adoption. For single Intended Parents with a genetic connection, they can get a pre-birth order as to his/her parentage, but a second, post-birth order will also be necessary to remove the surrogate from the birth certificate.

Surrogacy Is Legal in Kansas

Surrogacy is permitted in Kansas but there must be some genetic connection between the Intended Parent(s) and the embryo.

Understanding Surrogacy Laws in Kansas

Legal Parentage

The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth.

Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the state’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Kansas courts typically approve a pre-birth parentage order for heterosexual couples using their own embryos. For all other intended parents, it can ultimately be a two step process whereby the genetically related Intended Parent gets a pre-birth order but then a second order is needed post-birth (see below).

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Same sex couples, individuals, and potentially heterosexual couples using donor material, will need a post-birth order for the non-biological parent. For couples, this takes the form of a second parent adoption. For individuals, it is an order to remove the surrogate from the birth certificate.

Common Questions About Kansas Surrogacy Law

Do You Need a Medical Need for Surrogacy in Kansas?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Kansas if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Kansas permits married, partnered, and unmarried individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Kansas, intended parents need at least one genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Kansas?

International parents can pursue surrogacy in Kansas and are subject to the same legal process as domestic intended parents. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Kansas allows surrogacy for all individuals regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Kansas. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Kansas?

Yes as to the surrogate. Intended parents do not need to be Kansas residents to carry out a surrogacy journey in Kansas. But the gestational carrier does need to reside in Kansas; merely giving birth in Kansas does not provide jurisdiction for the pre-birth parentage process.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Kansas does not have any written laws relating to the rights of surrogates. Learn more about surrogate rights.