Gestational Surrogacy in Kansas

Kansas Surrogacy Laws

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

 

Become a surrogate Become a parent

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: Yes. A confirmatory adoption is strongly recommended for the non-biological parent.
  • 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: Yes.
  • 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 parentage action is 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: Yes.
  • 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?

  • Yes, but 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?

  • Yes, but only if that order is registered as a foreign judgment and there is not a process by which to seal and sequester the case.

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 7-10 business days.

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.

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?

  • Yes.

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.

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?

  • Yes.

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.

 

Back to Surrogacy Map

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

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.

CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.

Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.

The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.

CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.

View the Map!