Surrogacy law in Kansas may not be clearly defined by legislation, but that doesn’t mean your dream of building a family here isn’t possible.
If you’re a prospective surrogate or an intended parent, you’re in the right place. With this guide, you’ll get a full overview of Kansas surrogacy laws, what should be included in a surrogacy contract and how American Surrogacy can help you navigate each step with clarity and confidence.
Ready to get started? Speak with a surrogacy specialist today for help navigating Kansas’s surrogacy legal process.
Kansas Surrogacy Laws: What to Know About the Legal Landscape
Kansas doesn’t have any surrogacy-specific statutes. That means there are no laws clearly defining or regulating the surrogacy process. Instead, courts make decisions based on legal precedent and the preferences of individual judges.
This inconsistency can affect important parts of your legal process, such as:
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Whether a pre-birth order is granted
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Whether you’ll need a post-birth order or adoption
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How long each step may take
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
Understanding Compensation: Is Paid Surrogacy Legal in Kansas?
Since Kansas doesn’t prohibit surrogate compensation, paid surrogacy is legal. That means you can enter into a legally binding agreement that includes compensation for the surrogate.
Want to know how much surrogates get paid? Learn more about surrogate compensation.
Are Surrogacy Contracts Enforceable in Kansas?
Yes, surrogacy contracts can be enforceable in Kansas as long as they meet certain legal standards and are drafted properly.
Even without laws that explicitly recognize these agreements, Kansas courts have historically supported them. Our team helps surrogates and intended parents understand the legal process and connect with attorneys who can ensure your agreement is legally sound.
Surrogacy Contract Checklist
A surrogacy contract outlines the rights, responsibilities and expectations of everyone involved. Here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
You should feel informed and legally protected every step of the way. That’s the level of clarity and protection we aim to provide at American Surrogacy.
When Do I Need a Surrogacy Contract in Kansas?
Your surrogacy contract is created after you match with your surrogate or intended parents and before any medical procedures begin. During this time, both parties work with separate surrogacy attorneys to negotiate and finalize the terms of the agreement.
By completing the contract before any medications or embryo transfers begin, you ensure everyone is legally and emotionally aligned.
Curious how long each phase of your journey will take? Explore the full surrogacy timeline to see what comes next.
Creating a Contract: How Will American Surrogacy Support Me During This Stage?
Your contract reflects your values, preferences and nonnegotiables. That’s why our specialists guide you through the contract creation process, helping you understand your options and collaborate with your attorney.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we even present a surrogate’s profile to intended parents, we verify that the laws in her state support the match. That’s how we protect your legal rights from day one.
Our Local Offices
If you’d like to speak with someone in person, you can stop by one of our Kansas offices:
Overland Park
7500 W. 110th St.
5th Floor, Suite 513
Overland Park, KS 66210
Kansas City
827 Armstrong Ave.
Suite 103
Kansas City, KS 66101
LGBTQ+ Surrogacy Laws in Kansas: What Families Need to Know
LGBTQ+ couples can absolutely grow their families through surrogacy in Kansas, but there are some nuances to understand:
In Kansas, you can be listed on the birth certificate as "Parent" and "Parent." In Kansas, both married and unmarried LGBTQ+ couples can be granted a pre-birth order if at least one parent is genetically related to the child. However, if neither intended parent shares a genetic connection, an adoption will likely be required to establish full legal parentage. For LGBTQ+ couples where only one parent is biologically related to the child, a second-parent adoption is typically recommended to ensure legal rights. In Kansas, you must be married to complete this step.
At American Surrogacy, we support every family’s surrogacy journey.
Abortion Laws in Kansas and Surrogacy Contract Termination Agreements
Kansas bans termination at 22 weeks and beyond, and insurance coverage for termination is only allowed in limited cases.
Every surrogacy contract includes details about termination, and both parties must be aligned before proceeding. If Kansas’s laws aren’t a good fit for your preferences, we can help you complete your journey in a more surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in Kansas
Establishing legal parentage is one of the most important parts of the surrogacy legal process. Here's what you should know about parental rights in Kansas:
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Married/unmarried couples using their own egg and sperm can usually get a pre-birth order.
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If one parent isn’t biologically related, you’ll likely need a second-parent (if married) or full adoption (if unmarried).
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Post-birth orders are typically granted to heterosexual and LGBTQ+ married couples using donor gametes.
How to Get a Pre-Birth Order in Kansas
Here’s how the process works:
Your attorney will submit a request to the appropriate Kansas court to establish legal parentage before the baby is born. A hearing is scheduled to review your petition, though attendance is typically not required for either party. The updated certificate is usually processed within two to three weeks, but expedited copies can be requested within seven to 10 business days.
International Surrogacy Laws: Growing Your Family Across Distance
Kansas doesn’t have specific laws for international surrogacy, but the state’s general parentage laws still apply. That means you may still need an adoption or post-birth order, depending on your situation.
If you live outside the U.S. in one of the countries we work with, American Surrogacy can help you find a surrogate and guide you through each legal step.
The Role of a Surrogacy Attorney in Kansas
A surrogacy attorney helps protect your legal rights, reviews and negotiates your contract and ensures all paperwork is properly filed.
We partner with experienced surrogacy attorneys throughout Kansas and can help you find one who understands the nuances of Kansas surrogacy law.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Surrogacy legal fees in Kansas typically range from $5,000 to $15,000. Intended parents are responsible for covering the surrogate’s legal fees.
These costs can vary based on the complexity of your case, the experience of your attorney and whether additional legal steps — like a second-parent adoption — are required.
At American Surrogacy, we’ve built these legal expenses into our comprehensive program fees. That means you don’t have to worry about unpredictable charges or hidden legal costs
Find a Surrogacy Attorney Near Me
Here are several trusted attorneys we work with who are licensed to practice in Kansas:
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Law Offices of Mary Beck (St. Louis and Columbia, MO): Joana Beck Wilkinson is licensed to practice in Kansas and specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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Krigel Nugent + Moore PC (Kansas City, MO): Karen Rosenberg is licensed in Kansas and focuses on assisted reproduction, intercountry adoption, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s been an AAAA member since 2014.
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Triplett Woolf Garretson LLC (Wichita): Rachel Pirner has over 25 years of experience and focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy law. She’s also an AAAA member.
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Martin, Pringle, Oliver, Wallace & Bauer LLP (Wichita, Overland Park, and El Dorado): Martin Bauer has practiced law for over three decades and has been an AAAA member since 1994. He focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy.
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Michael J. Belfonte PC (Independence, MO): Michael Belfonte is licensed in Kansas and specializes in assisted reproduction, intercountry adoption, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. He’s been an AAAA member since 2002.
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Hinkle Law Firm LLC (Wichita): Megan Monsour focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s been an AAAA member since 2013.
Considering Cost? Explore Our Surrogacy Programs in Kansas
We offer three programs designed to support every type of family-building journey:
Limited Risk Program
If something goes wrong — like an unsuccessful embryo transfer or a surrogate being disqualified — you won’t pay twice. This program credits or refunds your fees so you can move forward with peace of mind.
Foundation Program
This program follows a pay-as-you-go model. It’s ideal if your journey goes smoothly, but unexpected hurdles may increase your overall cost.
Independent Surrogacy Program
Have you already matched with a surrogate? We’ll step in and handle the rest. This program is cost-effective and includes legal and emotional support where it matters most.
FAQ: Legal Aspects of Surrogacy in Kansas
Are insurance companies required to cover IVF in Kansas?
No. Kansas law does not require insurance companies to cover IVF. However, states that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Kansas?
Yes. Kansas Code section 65-6732 declares that “life begins at fertilization."
However, this does not automatically translate to embryos having full legal personhood, especially outside the womb. Embryos do not have the same legal status as born children, and courts have not issued binding precedent treating frozen embryos as people. Additionally, intended parents still retain control over embryo use, storage and donation.
Is traditional surrogacy legal in Kansas?
Yes. There are no laws banning traditional surrogacy, but most professionals avoid it due to legal and emotional risks.
Do sperm and egg donors have parental rights?
No. Under the Kansas Parentage Act, sperm and egg donors generally do not have parental rights, as long as the donation is made through a licensed physician for assisted reproduction.
However, it's important to note that Kansas Statutes Annotated section 23-2208 presumes the gestational carrier to be the legal mother at birth unless a pre- or post-birth order says otherwise.
Is there an IVF tax credit in Kansas?
No. There isn't a state-specific credit in Kansas, but you can deduct qualified medical expenses on your federal tax return if they exceed 7.5% of your adjusted gross income
Start Your Kansas Surrogacy Journey Today
Whether you’re building a family or helping someone else do the same, you deserve to feel informed and legally protected every step of the way.
American Surrogacy can help make your dream of parenthood a reality — on your terms, with the support you need. For more free information, contact us today.