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In Kentucky, gestational surrogacy isn’t governed by a state law, but is permitted because no statute or case law prevents it. Courts are known to regularly issue pre-birth orders.
Conversely, traditional (genetic) surrogacy in Kentucky is expressly prohibited by Ky.Rev.Stat.§199.590.
No specific legal requirements exist to serve as a gestational surrogate in the state of Kentucky.
Parentage Orders: Courts in Kentucky have granted pre-birth orders of parentage based on genetic and/or property connection to embryo and in light of the parental presumption privilege incident to children conceived during a marriage.
For pre-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:
* If the couple is married, obtaining the order is fairly straightforward. If not, it would depend on the court
For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:
Yes
* The process varies depending on the court and the discretion of the judge.
Same-sex parents are listed as Parent-Parent
International same-sex couples can request a post-birth order confirming the gestational surrogate’s relinquishment of any presumptive parental right
Married same-sex couples can assert the same legal arguments as married heterosexual couples. Unmarried same-sex couples must base their connection to their offspring on their ownership of gametes and resulting embryos.
Unmarried Intended Parents must base their connection to their offspring on their ownership of gametes and resulting embryo(s).
There are no specific Kentucky laws in place that outline the rights to donated sperm or eggs acquired by contract and used in a surrogacy agreement.
Courtney Townes Good
W. Waverley Townes
Mosley & Townes, PLLC
130 St. Matthews Avenue, Ste. 200
Louisville, KY 40207
Phone: 502.589.4404
http://www.mtlawky.com
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