Surrogacy Law in Kansas
Kansas Surrogacy Law: Types of Surrogacy
In Kansas, gestational surrogacy isn’t governed by a state law, but is permitted because no statute or case law prevents it. Courts are known to regularly issue pre-birth orders. Generally, most provisions of a surrogacy contract will be enforced in Kansas. Kansas courts have expressed support for enforcing agreements which provide support of the unborn child. However, certain specific provisions, such as those governing termination of the pregnancy may not be consistent with Kansas’s public policy and thus, may not be enforceable.
Traditional (genetic) surrogacy in Kansas is similarly permissible because no law prevents it. However, there are strict guidelines that govern how contracts are set up in regard to compensation and payment. Failure to comply with those laws can lead to criminal penalties.
Are There Surrogate Requirements in Kansas?
No specific legal requirements exist to serve as a gestational surrogate in the state of Kansas.
Does Kansas Surrogacy Law Allow for Pre-Birth Orders?
Parentage Orders: Under well settled Kansas law, any agreement of a parent to acknowledge a child as his/her child, to take responsibility for, and to care for a child makes that parent entitled to become the legal parent of the child. The Kansas Supreme Court has held that the intent of the parties in an ART arrangement controls a subsequent parentage proceeding, even where there is not strict compliance with Kansas statutory law.
The conditions under which intended parents can be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:
Married couples, using their own egg and own sperm
Unmarried couples, using their own egg and own sperm
Single parent using egg or sperm donor*
*A court order would have to be completed after the child’s birth to remove the gestational surrogate from the birth certificate
Married couples, using an egg or sperm donor*
Unmarried couples, using an egg or sperm donor*
Married same sex couples, using an egg or sperm donor*
Unmarried same sex couples, using an egg or sperm donor*
For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below. Intended parents who are in no way related to the resulting child, are able to get a pre-birth order declaring themselves as legal parents under KS 23-2302 and KSA 23-2207. They may still be able to be declared legal parents of a child by going through an adoption process.
Married heterosexual couples
Unmarried heterosexual couples
Married same sex couples
Unmarried same sex couples
Whose names go on the birth certificate in Kansas?
Surrogacy Conditions for Same-Sex Couples in Kansas
Are There Options for Unmarried Intended Parents in the state of Kansas?
Egg Donation Law
Rights to the sperm used in a surrogacy arrangement are governed by statute K.S.A 23-2301 to 2303. It states that once a husband and wife couple (as intended parents) have consented to insemination, it can take place.