GESTATIONAL SURROGACY IN KANSAS

Gestational Surrogacy is permitted in Kansas because no statute or published case law prohibits it.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

• Married heterosexual couple using own egg and own sperm: Yes
• Married heterosexual couple using an egg donor or sperm donor: No, only the biological parent can obtain a pre-birth order, requiring a 2-step process to add the non-biological parent. The non-biological parent must then do a step-parent adoption in KS or elsewhere.
• Unmarried heterosexual couple using own egg and own sperm: Same as married couple using their own egg and sperm.
• Unmarried heterosexual couple using an egg donor or sperm donor: Same as married couple using a donor.
• Married Same-sex couple using egg donor or sperm donor: Same as married heterosexual couple using donor.
• Unmarried Same-sex couple using egg donor or sperm donor: No, only the biological parent can obtain a pre-birth order. The non-biological parent would have to do an adoption elsewhere.
• Single parent using own egg or sperm: Yes but a post-birth order may be necessary to remove the Gestational Carrier from the Birth Certificate.

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?  

• Married heterosexual couple: Probably not. Some sort of adoption proceeding would be necessary.
• Unmarried heterosexual couple: Same as above.
• Single Parent: Same as above.
• Same-sex couple: Same as above.

What are the bases for venue?  The parties can consent to jurisdiction and venue in a particular county, but then a separate suit seeking a post-birth order may be required.

Do results vary by venue?  Yes

If yes, are motions to waive venue accepted?  Yes

Is a hearing required to obtain a pre-birth order?  Occasionally, but for the most part the parties are not required to attend.

Is a pre-birth order possible in Kansas based on a Gestational Carrier’s plan to deliver in Kansas, if no party lives in Kansas?  Yes

Will Kansas Vital Records honor a pre-birth order from another state?  Unlikely.  However, Kansas will honor a second parent adoption from another state.

What is the typical time frame to obtain a birth certificate after delivery?  2-3 weeks, but efforts to can be made to expedite the process to one day.

SAME SEX COUPLE

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, although it would require the cooperation of the gestational carrier’s spouse if she is married.

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? They can obtain a birth certificate naming only the biological father. If the parents are married, they can then do a step-parent adoption in Kansas or elsewhere, and then Kansas Vital Statistics will issue a birth certificate with both parents.

Can the non-biological parent obtain a second parent adoption based solely on the fact that the child was born in Kansas? Yes, if they are married.

Will Kansas Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes

SECOND PARENT & STEPPARENT ADOPTIONS FOR KANSAS RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Kansas to obtain a second parent adoption or stepparent adoption in Kansas.

Will courts in Kansas grant second parent/stepparent adoptions to heterosexual couples living in Kansas?  Yes

Does the couple need to be married?  Yes

Will courts in Kansas grant second parent/stepparent adoptions to same-sex couples living in Kansas? Yes

Does the couple need to be married? Yes

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, although it would require the cooperation of the gestational carrier’s spouse if she is married.

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? They can obtain a birth certificate naming only the biological father. If the parents are married, they can then do a step-parent adoption in Kansas or elsewhere, and then Kansas Vital Statistics will issue a birth certificate with both parents.

Can the non-biological parent obtain a second parent adoption based solely on the fact that the child was born in Kansas?  Yes, if they are married.

Will Kansas Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?  Yes

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, statute K.S.A 23-2301 to 2303 pertains to artificial insemination of sperm.

TRADITIONAL SURROGACY IN KANSAS

Traditional Surrogacy is permitted in Kansas a because no statute or published case law prohibits it. Paternity can be established pursuant to K.S.A. 23-2201 et. seq., which is the Kansas Paternity Act. For Traditional Surrogacy, there are strict requirements for compensation and payment. Noncompliance to these requirements can carry criminal penalties.

State law information provided by the following attorneys practicing Reproductive Law in this state:

Rachael K. Pirner
rkpirner@twgfirm.com
www.twgfirm.com
(316) 630-8100

Joni J. Franklin
joni@jfranklinlaw.com
Franklin Law Office, P.A.
(316) 264-5664 
Wichita, Kansas

Martin W. Bauer
mwbauer@martinpringle.com
(316) 265-9311

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