Wondering if surrogacy is legal in Kansas? You’ve come to the right place.
Like many other states in the U.S., Kansas has no set laws on surrogacy. In many ways, this family-building process in this state is an ever-growing one, based mainly on case law and regulations and steps created by local professionals.
As an experienced surrogacy professional in the state of Kansas, attorney Kevin Kenney can help you with this issue. He has guided many intended parents and surrogates through the surrogacy process, and he can explain exactly which surrogacy laws will apply to your situation. Every surrogacy is unique, and so is the legal process associated with each case. Therefore, you must work with an experienced surrogacy attorney to safely complete your surrogacy in Kansas City.
When you schedule a consultation with attorney Kevin Kenney, he will learn all he can about your personal surrogacy situation. From there, he will identify the legal issues with surrogacy in your case and create a plan for moving forward. When you’re ready, Kevin Kenney can provide legal assistance through every stage of your process, whether you are a prospective surrogate or intended parent.
To learn more about the surrogacy laws in Kansas, please contact his law firm today. Below, you’ll find a few of the most important things to know about surrogacy in this state.
- Even though there are no surrogacy laws in Kansas, it’s still safe to complete this process here.
It may be intimidating to think about completing a surrogacy in Kansas, where there are no surrogacy laws. However, know that surrogacy is a safe and legal process for both intended parents and surrogates looking to complete a surrogacy in Kansas.
Some background information to know: While there are no surrogacy laws in many states across the U.S., there are also several states where surrogacy laws restrict the surrogacy process. Kansas is obviously not one of them. There are no surrogacy laws in Kansas expressly permitting surrogacy — but there are also none prohibiting surrogacy, so intended parents and surrogates can still proceed with this path, as long as they work with experienced surrogacy professionals.
The regulations people follow for Kansas surrogacy have been established by surrogacy professionals in the area. For example, medical professionals base their requirements on those of the American Society for Reproductive Medicine. Surrogacy attorneys like Kevin Kenney base their legal requirements and process on other states and what has proven to protect surrogacy clients in Kansas in the past.
- There are no regulations on surrogate compensation in Kansas.
Because there are no surrogacy laws in Kansas, there is no limitation on surrogate base compensation — as long as the surrogacy is gestational. Traditional surrogacy is often treated as an adoption under Kansas law, so compensation is illegal in this case (more info on that below).
However, even though there are no legal restrictions on gestational surrogate compensation, it is always a negotiation. Both surrogates and intended parents will be represented by separate lawyers during this process to come up with a base compensation both parties agree on.
There are also no gestational surrogacy laws in Kansas that regulate an intended parent’s ability to pay for a surrogate’s surrogacy expenses (including medical costs, travel costs, maternity clothes, etc.).
- Traditional surrogacy can be legally complicated.
One thing to know about surrogacy in Kansas is that traditional surrogacy laws are different than gestational surrogacy laws. In traditional surrogacy, a surrogate is genetically related to the baby she carries — which, in many cases, causes legal complexities.
While there are no official laws on surrogacy stating this, traditional surrogacy in Kansas is often treated similarly to an adoption. This means surrogate compensation may be illegal, as it would be viewed as “paying” a birth mother (even though a surrogacy contract exists). A surrogate may be required to terminate her parental rights through legal proceedings, rather than relying on the effectiveness of a post-birth parentage order.
If you are considering traditional surrogacy, make sure you contact an attorney like Kevin Kenney to better understand these surrogacy legal issues in Kansas. An attorney can better explain the legal situation you are in.
- Pre-birth orders are allowed in Kansas but not always issued.
Generally, pre-birth orders in Kansas are possible when it comes to establishing parental rights. However, the availability of these orders will depend upon the judge overseeing the case, as well as the genetic connection of the intended parent.
In a Kansas surrogacy, the judge overseeing the case will determine whether a pre-birth order is allowable based on the circumstances of the case. Fortunately, when you work with an experienced surrogacy attorney like Kevin Kenney, your legal professional will likely know ahead of time whether a pre-birth order is possible in your local jurisdiction. If it is not, your surrogacy attorney will guide you through the next steps. If an intended parent is genetically related to the child born via surrogacy, a post-birth parentage order is usually applied if a pre-birth order is not available.
- A post-birth adoption may be necessary in some surrogacy situations.
One of the legal issues of surrogacy in Kansas is that some situations will not allow for a pre- or post-birth parentage order. In these cases, intended parents may need to complete an adoption after birth. While this is an established way for intended parents to protect their rights in this state, it is an additional legal step that must be coordinated by a surrogacy attorney.
In Kansas, married intended parents can complete a stepparent adoption after birth. This is often used when one parent is not genetically related to their child, because a donor gamete has been used.
This process is very similar to any other stepparent adoption. The donor, if identified, must give consent for their parental rights to be terminated. Any anonymous donors will be notified through their gamete bank. Once this step is accomplished, a surrogacy attorney can finalize the stepparent adoption. Keep in mind: Second-parent adoptions are not available in Kansas, so unmarried intended parents should speak at length with a surrogacy attorney in Kansas to understand their options.
While this article presents some of the basics facts about Kansas surrogacy laws, it is no way an expansive list of everything you should know. This article is not intended to be and should not be taken as legal advice; you will always need to contact a local attorney for more information about the legality of surrogacy in your situation.
Fortunately, attorney Kevin Kenney is here to help. Call his office today to discuss your surrogacy circumstances and determine which rules and regulations of surrogacy will impact your personal journey.