Legislative Milestone in Kansas’ Surrogacy Landscape:
While Kentucky lacks explicit surrogacy legislation, the state has established a legal framework that allows for the completion of surrogacy agreements.
Surrogacy Contracts
Establish rights and obligations of every party.
Establish potential risks and complications.
Establish Surrogate’s compensation and other financial information.
Parental Rights
Kansas courts typically grant pre-birth parentage orders, especially when at least one Intended Parent is genetically related to the child. The criteria for obtaining a pre-birth order may vary depending on the court and judge overseeing the case. Non-genetically related Intended Parents often need to pursue adoption post-birth to establish their parental rights.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
Who Can Benefit from Surrogacy in KS?
Single individuals with a genetic link to a child
Heterosexual married couples with a genetic link to a child
Surrogacy Environment in Kansas:
In Kansas, despite the absence of specific surrogacy laws, the state maintains a favorable stance towards surrogacy, enabling both Intended Parents and Surrogates to engage in this family-building process. The lack of statutory guidance means that the legal framework for surrogacy in Kansas is shaped by the practices established by surrogacy professionals and the judiciary's approach to such arrangements.
Advantages of Surrogacy in KS
While surrogacy in Kansas operates within a legal gray area due to the absence of specific laws, the state's judiciary and surrogacy professionals have established a supportive environment for surrogacy. Intended Parents and Surrogates are advised to seek experienced legal counsel to ensure their surrogacy journey is conducted safely and in compliance with the best practices established within the state
