While state law in Kansas does not define whether surrogacy contracts of any kind are enforceable by the courts, there is a precedent set in 1982 by the Attorney General’s opinion that genetic surrogacy contracts are unenforceable and are null and void.

Further, state law does not define whether or not compensation in excess of reimbursement for expenses may be granted. There is an opinion from the Attorney General in 1996 which expresses the notion that payment of compensation in excess of reimbursement of funds for medical, legal and living expenses would be a crime.

Generally, in Kansas people are able to enter into surrogacy contracts for gestational surrogacy only, and adoption postpartum would be required. Some agencies and attorneys state that where both intended parents are also the genetic parents, it may be possible for their parental rights to be established and recognized without an adoption.