Surrogacy laws in Kansas
Surrogacy in the United States is a complex subject; this is especially true because many states don’t have surrogacy-specific laws. Kansas is one such state. This does not mean surrogacy isn’t legal or widely practiced in the state – quite the contrary. The Reproductive Endocrinologists and Assisted Reproduction attorneys who call Kansas home have established protocols with ethical considerations, protection for all parties, and legality in mind.
Because there are no local laws governing surrogacy in Kansas, there are also no laws regarding enforceability of surrogacy contracts in the state. They may be covered under general contract law, though it’s best to speak to an experienced attorney who can answer specific questions regarding legal protections from surrogacy agreements.
If you’re new to surrogacy and are just beginning to explore what a journey would mean for you and your family, make sure you keep the general requirements and protocols in mind. Your attorney can assist with making sure you’re aware of the best practices and do’s and don’ts.
Do note that just because Kansas doesn’t have any laws concerning surrogacy, that doesn’t mean it’s not considered a “surrogacy friendly” state. While there’s no laws discussing surrogacy in Kansas, there are no restrictions or prohibitions either. Surrogacy is indeed a viable option in the Sunflower state and many families have benefited from surrogacy in Kansas. Kansas remains a state with access to Reproduction healthcare which is a positive for those considering surrogacy in a post Dobbs decision world. There are some limitations on establishing parentage via pre-birth orders, however, which is discussed below.
As with anything you read on the Internet, nothing presented in our blog below can or should replace a qualified legal professional and their advice. If you’re not sure where to find an attorney to represent you, a good place to start can be Surrogacy Place’s own attorney directory.
Is surrogacy in Kansas – commercial or otherwise, legal?
Yes. Again while there aren’t specific laws that address surrogacy in Kansas, there are attorneys and medical professionals who can ensure that surrogacy takes place with ethical and practical standards in mind. Many IVF clinics in the state are familiar with surrogacy and have direct experience dealing with its many nuances and medical considerations.
Traditional surrogacy whether commercial or so-called altruistic (compensation-less) surrogacy is also allowed because there are no laws prohibiting its practice. It’s always worth remembering, however, that in traditional surrogacy there’s a direct biological relationship between surrogate and child(ren) as the surrogate’s own egg is used. This is in contrast to gestational surrogacy where a non-genetically-related embryo is implanted into the surrogate. Because of this biological relationship, there presents an added risk in terms of establishing parentage and a potential for conflict over custody, though this is extremely rare. Your attorney can walk you through whether or not traditional surrogacy is the right choice for you.
As you consider a potential surrogacy journey, you should have a clear idea of how you feel about various scenarios including how to handle unexpected complications and who should make medical decisions, how you feel about abortion, home birth vs hospital birth, compensation and payment schedule, health protocols during pregnancy, and more.
Can residents of Kansas forgo a surrogacy agency and do a surrogacy journey without one?
Yes. Everyone has this right. Agencies can be helpful for some, but are unnecessary. Many prefer not having an agency as a middle man which is discussed below.
What types of individuals can be Intended Parent(s) in Kansas?
Anyone that has a medical reason for not being able to carry their own children can utilize a surrogate in Kansas. This is regardless of gender or sexual identity or marital status. There are hurdles that non married partners and non-biologically related Intended Parents (regardless of marital status) face however.
Pre-birth orders are available only for biological parents. Non-biological Intended Parents who are married to genetically-related Intended Parent can complete the process of establishing parentage via adoption. Single biologically-related Intended Parents may need to complete a post-birth order. In cases where both Intended Parents are not biologically related, adoptions will need to be completed outside of the state as second-parent adoptions are not permitted in the state of Kansas. An attorney can discuss this process with you in greater detail if you are interested in pursuing surrogacy in Kansas.
Being qualified to be a surrogate goes beyond being comfortable with being pregnant. We’ve developed a short quiz to help you decide if you might be qualified.
If you would like to be a surrogate, there are many qualifications, including:
- You have prior experience with pregnancy and childbirth. You have your own kid(s).
- You are in great health overall, including mental health. You do not use/abuse drugs and alcohol.
- You have your own means of financial support. You do not need to rely on surrogacy for income.
- You do not have a history of pregnancy complications including placental abruption, gestational diabetes, etc.
- You are between the ages of 21-42, though age requirements may vary by circumstance (e.g. if you’re related to an Intended Parent).
- You are conscientious about taking medications as prescribed.
- You have a clear understanding of what it takes and why you want to be a surrogate.
Those that are qualified may be ready for the exciting process of matching with Intended Parents. As you start interviewing potential matches, makes sure you know what you’re looking for to avoid compromising on your hard non negotiables.
After you find your surrogacy journey partner (interview several candidates to be sure!), you’ll clear medical then the Intended Parent’s attorney will draft a formal agreement. Keep in mind, surrogates must always choose their own representation with the Intended Parent(s) footing the bill. This is never optional. If everyone is on the same page, you’ll be ready for embryo transfer and hopefully a pregnancy soon after.
Surrogates: we have a step-by-step guide for you to learn more.
Why are Independent journeys gaining in popularity with surrogates? Here are some of the reasons.
Read more about the surrogacy process.
Matching without a surrogacy agency in Kansas
Doing this independently? We’ve got you. Surrogacy Place is a platform that connects surrogates and Intended Parents directly. If you know what you’re looking for, search based on your criteria directly within our database. Be confident by interviewing several candidates so you have peace of mind that you found the right match. You can also search by location – try finding a surrogate near you, including in the state of Kansas.
Surrogates can join Surrogacy Place for free, Intended Parents will pay a small fee to use most of the site’s features. If you’d like to register, head to our sign-up page.
Why do folks pursue independent surrogacy journeys?
Intended Parents are drawn to independent journeys primarily for cost savings, saving themselves tens of thousands of dollars (in some cases north of one hundred thousand!) This cost benefit can help the surrogate directly too in that Intended Parents can often parlay the savings into a higher compensation for the surrogate who deserves to receive her desired compensation.
Additionally, both sides have access to a full spectrum of available candidates, not just who the agency decides to show them. Agencies can often rush matches to meet their financial goals, sometimes not disclosing important information thus deliberately keeping their clients in the dark. Going Independent means you can ask questions and discuss the medical and personal histories directly.
There’s also the issue of exclusivity contracts trapping you with an agency that may or may have your best interests in mind.
Need a cost-breakdown sheet? We have one you can use as a resource.
Looking for surrogacy information for another state? Explore our surrogacy by state directory.