In Kansas, gestational surrogacy isn’t governed by a state law, but is permitted because no statute or case law prevents it. Courts are known to regularly issue pre-birth orders. Generally, most provisions of a surrogacy contract will be enforced in Kansas. Kansas courts have expressed support for enforcing agreements which provide support of the unborn child. However, certain specific provisions, such as those governing termination of the pregnancy may not be consistent with Kansas’s public policy and thus, may not be enforceable.
Traditional (genetic) surrogacy in Kansas is similarly permissible because no law prevents it. However, there are strict guidelines that govern how contracts are set up in regard to compensation and payment. Failure to comply with those laws can lead to criminal penalties.
