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Kansas Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Kansas surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Kansas surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed several finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Kansas surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      There are no statutes or published case law permitting or prohibiting surrogacy, so it is an accepted practice in the state.

    • Does the state have surrogacy laws and/or case law?

      Relevant statutes in Kansas include the Kansas Paternity Act and laws establishing the rights and responsibilities of a donor to any resulting children.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Kansas courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, commercial surrogacy is legal in Kansas. The intended parents can compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?


    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since Kansas does not have a statutory rule on this, there is not a specific set of guidelines for when a Kansas judge may uphold the validity of a surrogacy arrangement. Parties should articulate their desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      The intended parents and the surrogate (and her spouse, if applicable) should have independent legal counsel. The surrogate should also meet specific requirements. Furthermore, the agreement should include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the agreement.

    • Can both intended parents be declared the legal parents?

      Yes, but only if no egg or sperm donor was used. Only the genetically related intended parents can be named on a parentage order in Kansas. The non-genetic intended parent would then be required to complete a post-birth adoption and obtain an amended birth certificate.

    • Are pre-birth and post-birth orders permitted?

      Yes. However, a pre-birth parentage order in Kansas is typically only available to an intended parent who is genetically related to the child, although results vary greatly by court and judge.

    • Will the state honor a pre-birth order issued by another state?

      Most likely no.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents can receive the baby’s birth certificate 2-3 weeks after delivery. The expedited timeline is one day. Same sex intended parents will be named on the birth certificate as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier, but if the gestational carrier is married, then the cooperation of her spouse will also be required. They can also obtain a birth certificate that names the biological father only, with no mention of the gestational carrier. If the intended fathers are married, they can complete a stepparent adoption in the state (or elsewhere) and obtain an amended birth certificate naming both fathers from Kansas Vital Records.

    • Are post-birth adoptions permitted?

      Yes, intended parents who are not genetically related to the child will typically be required to complete a post-birth adoption to secure his or her legal parental rights. However, only married non-genetic intended parents can file for adoption in Kansas because the state only allows for stepparent adoptions and does not permit second parent adoptions.

    • Are second-parent adoptions permitted?

      No. As such, unmarried non-genetic intended parents will be required to pursue a second-parent adoption outside the state to secure legal parental rights.

    • Are stepparent adoptions permitted?

      Yes, and they are available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.