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Surrogacy Laws in Kansas

There are no surrogacy arrangement statutes. However, there are opinions by two attorney generals that suggest that surrogacy arrangements are not enforceable in the satte.


Explanation: There was an opinion written in 1982 by the attorney general of Kansas that stated that a surrogacy agreement would be against public policy and void. The opinion warned against the commoditization and commercialization of motherhood, saying that these agreements would not be enforceable because they went against public policy until they get approval by the legislature. The Kansas Attorney General wrote in 1996 that surrogate motherhood might be considered a “professional service”, and it would ten be placed under the governance of a state law that dealt with adoption proceeding fees. The law in question allows reasonable fees for professional services given in relation with the adoption placement. The Attorney General said that surrogate motherhood didn’t fit into the “professional service” definition; the opinion, however, noted that it is allowable to give reasonable living expenses for a surrogate mother when she’s pregnant.



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