Kentucky

Gestational surrogacy and altruistic surrogacy is legal in Kentucky because no statute or case law prohibits it, however, traditional surrogacy is not legal pursuant to KY Rev Stat § 199.590. For permitted types of surrogacy, there are multiple restrictions on the types of intended parents who may safely pursue surrogacy in Kentucky. Additionally, the availability of parentage orders pre-birth varies by county and judge. Attorneys in Kentucky have been successful in obtaining pre-birth parentage orders for heterosexual couples using their own genetics, regardless of marital status, as well as for married heterosexual couples using donor egg or sperm. Single intended parents using their own genetics may also obtain a pre-birth parentage order. Unfortunately, for same sex couples the timing and availability of parentage orders varies based on marital status and county.

Understanding Surrogacy Laws in Kentucky
Legal Parentage
Lawyers in Kentucky have achieved success in securing pre-birth parentage orders for heterosexual couples using their own genetic material, irrespective of marital status. Similarly, married heterosexual couples utilizing donor egg or sperm can also typically obtain such pre-birth orders. Single intended parents utilizing their own genetic material are also eligible for pre-birth parentage orders. If a pre-birth order is not available, Kentucky permits post-birth orders.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Kentucky Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Kentucky Surrogacy Law
Do You Need a Medical Need for Surrogacy in Kentucky?
Although there is no specific law on this, it is best practice to only pursue surrogacy in Kentucky if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Kentucky permits married, partnered, and unmarried heterosexual individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?
In Kentucky, there needs to be some genetic connection. Married, hetero sexual partners can use an egg or a sperm donor so long as the other intended parent is the genetic contributor to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Kentucky?
No, it is not recommended that international parents pursue surrogacy in Kentucky. Learn more about your options for becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
It is not recommended that same sex couples and members of the LGBTQ+ community pursue surrogacy in Kentucky as the parentage process and outcomes are not certain. There are other options for Gay parents to build their family. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Kentucky. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Kentucky?
Generally no. Intended parents do not need to be Kentucky residents to carry out a surrogacy journey in Kentucky. Similarly, Gestational Carriers are not required to reside in Kentucky, but for Kentucky law to cover their agreement, they usually must give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
Kentucky does not have any written laws relating to the rights of surrogates.