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Gestational Surrogacy in Kansas

The US Surrogacy Law Map ™

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 stepparent 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 stepparent 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 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 stepparent 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?

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.

 

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State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

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