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Gestational Surrogacy is permitted in Kansas because no statute or published case law prohibits it. 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? Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child? 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. Is a hearing required to obtain a pre-birth order? Occasionally, but for the most part the parties are not required to attend.
Will Kansas Vital Records honor a pre-birth order from another state? However, Kansas will honor a second parent adoption from another state.
What is the typical time frame to obtain a birth certificate after delivery? How are same-sex parents named on the final birth certificate? Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? 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 step-parent 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? Note: This situation typically arises if the child is born outside of the state. The parents then return to Kansas to obtain a second parent adoption or stepparent adoption in Kansas. Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, statute K. A to pertains to artificial insemination of sperm.
Traditional Surrogacy is permitted in Kansas a because no statute or published case law prohibits it. Paternity can be established pursuant to K. For Traditional Surrogacy, there are strict requirements for compensation and payment.
Noncompliance to these requirements can carry criminal penalties. State law information provided by the following attorneys practicing Reproductive Law in this state:. Rachael K. Pirner rkpirner twgfirm. Joni J. Franklin joni jfranklinlaw. Martin W. Bauer mwbauer martinpringle. This is a copyrighted document and therefore protected by the copyright laws of the United States. Violation of these laws is a punishable offense under the US Copyright laws and, depending on the method of transmission, under the Digital Millennium Copyright Act.
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Creative Family Connections makes no warranties that the information on this site is current, accurate, or that favorable that have been obtained in prior cases will be obtained in future cases. Please advise us of any state law updates at map creativefamilyconnections. All Rights Reserved. Sitemap info creativefamilyconnections. 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 M arried 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 step-parent 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. 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. Do vary by venue? Yes If yes, are motions to waive venue accepted? Yes Is a hearing required to obtain a pre-birth order? Yes Will Kansas Vital Records honor a pre-birth order from another state? Yes Does the couple need to be married? Yes How are same-sex parents named on the final birth certificate? State law information provided by the following attorneys practicing Reproductive Law in this state: Rachael K. This website does not act as a substitute for legal advice or legal counsel. The information contained in this website is provided for informational purposes only.
Always consult an attorney before undertaking a surrogacy journey. Information contained herein may or may not reflect the most current legal developments; accordingly, information on this website is not promised or guaranteed to be correct or complete at any given time, and referenced should not be considered an indication of future.
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