Kansas Surrogacy Law
Summary: It is unclear how Kansas law would treat a surrogacy agreement that includes lesbian, gay, bisexual or transgender (LGBT) individuals because there are no statutes regarding surrogacy. However, two attorney general opinions indicate that surrogate parenting agreements in general are unenforceable in the state.
Explanation: In 1982, the Kansas Attorney General wrote an opinion stating that a surrogate parent contract would be void as against public policy. The opinion warned against the commercialization and commoditization of motherhood, arguing that these contracts would be unenforceable as going against public policy until they receive legislative approval. In 1996, the Kansas Attorney General wrote an opinion discussing whether surrogate motherhood should be considered a “professional service,” which would place it under the governance of a state statute that addresses fees in adoption proceedings. The statute in question permits reasonable fees for “legal and other professional services rendered in connection with the placement or adoption.” The Attorney General concluded that surrogate motherhood does not fit into the definition of “professional service;” however, the opinion did note that it is permissible to provide reasonable living expenses for a surrogate mother during her pregnancy.
There is no explicit prohibition in Kansas on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting the child of their same-sex partner.
Citations: 29 Op. Kan. Att'y Gen. No. 96-73 (Sept. 11, 1996), 1996 Kan. AG LEXIS 73;
54 Op. Kan. Att'y Gen. No. 82-150 (July 2, 1982), 1982 Kan. AG LEXIS 137.
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Last Updated: 9/9/2009