Gestational Surrogacy Regulations in Kansas

Overview

Gestational Surrogacy is generally permitted in Kansas. There are no statutes or published
case law that specifically permits or prohibits surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
No*
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Kansas there is a basis for venue in Kansas. There may also be venue in Kansas if the parties consent to venue in Kansas. There may also be venue in Kansas if the birth of the child occurs in Kansas* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes* (see Pre-Birth order)
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes* (see Pre-Birth order)
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Kansas:
Yes
Birth outside of Kansas:
Yes, however, discuss with your legal counsel

Kansas courts will usually grant a Pre-Birth Order to an Intended Parent who is genetically
related to the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Kansas Vital Records honor a Pre-Birth Order from another state:
No
What is the typical time frame to obtain a birth certificate after delivery:
2-3 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Kansas Residents:

*This situation typically arises if the child is born outside of Kansas. The parents then return to Kansas to obtain a second parent adoption or stepparent adoption in Kansas. An Intended Parent who is not genetically related to the child, but who is married to the genetic Intended Parent, must then complete a stepparent adoption to secure his/her parental rights. Second-parent adoptions are not permitted in Kansas. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Kansas?

*Traditional Surrogacy legality is uncertain in Kansas is permitted because no statute or published case law prohibits it. There are strict requirements for compensation and payment and any noncompliance may carry criminal penalties. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.