Kansas

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, this only applies for hetero couples and single Intended Parents using their own genetics.  In the case of couples (same sex or hetero), the genetic parent's rights may be established via a California Order; however, the non-genetic father must adopt the child(ren).The Order must also be domesticated via local counsel.

GC is listed as "mother"at time of birth; no birth certificate is issued with her name, unless it's requested in the Order.

Prior to the birth, send Chloe Wyatt (chloe.wyatt@ks.gov) a certified copy of the Order.  Following the birth, notify Chloe the birth occurred and reconfirm the hospital where the delivery occurred.  Chloe will call the hospital and walk the birth clerk through the birth certificate process. 

Expedited Requests:

Office of Vital Statistics

Attn: Chloe Wyatt

1000 SW Jackson St Ste 120

Topeka KS 66612

Please send an self- addressed envelope with the birth certificate application and include payment:

$15 amendment fee

$15 for each certificate ordered


Birth Certificates

Timing - Varies by county, but the typical time frame is 5- 7 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, statute K.S.A 23-2301 to 2303 pertains to artificial insemination of sperm.

 

Venue

The parties can consent to venue.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Yes.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes, but only if the Intended Parents are married.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.


of counsel

Rachael Pirner

Triplett Woolf Garretson, LLC

2959 N. Road Road, Ste. 300

Wichita, KS 67226

(316) 630-8100

rkpirner@twgfirm.com

http://www.twgfirm.com/