Surrogacy Options in Kansas
As people watch Kanye West and Kim Kardashian have another child through a surrogate mother, they often contact me with questions about the surrogacy process. I have helped countless couples through the surrogacy process here in Kansas and can also help you if you are a couple facing fertility challenges. There are no explicit laws regarding surrogacy in Kansas, which means that you will need the help of an experienced surrogacy and adoption lawyer to guide you around unforeseen pitfalls in the process.
If you are considering surrogacy, you will need the assistance of an attorney with years of experience. Hiring an experienced Kansas adoption attorney can help you navigate this process without problems, call McDowell Chartered at (316)-269-0746 to get the advice you need.
Different Types of Surrogacy
Surrogacy is when a woman carries a couple’s child to term in her womb. Once the baby is born, the surrogate mother traditionally has little or no ongoing contact with the child she carried.
There are two types of surrogacy, traditional and gestational. In traditional surrogacy, the surrogate mother’s eggs are combined with the father’s sperm externally and then implanted back into the surrogate mother. As a result, in traditional surrogacy, the child is biologically related to the surrogate mother. That will come into play later in the discussion.
The other type of surrogacy is gestational. In gestational surrogacy, the egg that is combined with the sperm is not from the surrogate mother. As a result, the child born of a gestational surrogate mother is biologically unrelated to her.
In either a traditional or gestational surrogacy, the sperm used may be the father or a donor’s. The donor may be known or unknown from a sperm bank.
Surrogacy Compensation
In my experience, the women who become surrogate mothers and carry babies to term do it because they love the miracle of birth and the feeling of carrying a child inside of them. As you likely know, there are many financial costs associated with pregnancy, such as time off from work, extra healthy food, and clothes to wear during the pregnancy. Compensating a surrogate for these expenses is fair.
What can a surrogate charge for carrying a child to term? I have seen a wide spectrum of expenses, from very little to what would be a year’s salary for some people. Surrogacy compensation should be agreed upon and put into writing, with attorneys representing both sides. While this may seem formal, you want the terms of your surrogacy to be clear so that neither side can demand more from the other side as the birth approaches.
As I mentioned above, there is a legal difference between traditional and gestational surrogacy. As a starting point, it is illegal to purchase a human being. In traditional surrogacy, because the child is biologically related to the surrogate mother—it was born from her egg—there is a danger that money paid for to the traditional surrogate’s expenses will be conflated as payment for the child. A carefully drafted contract can avoid this problem, but it is one that should not be left ambiguous or ignored. Because in gestational surrogacy the surrogate mother is not biologically related to the child, this consideration is less problematic.
After the Birth, Adoption
In traditional surrogacy, the surrogate mother must relinquish her parental rights so that the child’s new mother can adopt the child. This is because she is biologically and legally the child’s mother. In gestational surrogacy, it is still a good idea to complete adoption of the child after birth. The adoption makes sure that neither the sperm donor nor surrogate mother can raise issues regarding the child’s parentage.
What Should I Do If I am Considering Surrogacy in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adult adoption process. There are many reasons to consider surrogacy, and an experienced adoption attorney can walk you through the legal steps you will need to take. Call (316) 269-0746 for an appointment.
