Kentucky
Surrogacy Law in Kentucky
Kentucky Surrogacy Law: Types of Surrogacy
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.
Are There Surrogate Requirements in Kentucky?
No specific legal requirements exist to serve as a gestational surrogate in the state of Kentucky.
Does Kentucky Surrogacy Law Allow for Pre-Birth Orders?
Parentage Orders: Courts in Kentucky will grant pre-birth orders of parentage; however, preference is given to intended parents who are using their own egg and sperm in the process.
The conditions under which intended parents can be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:
Yes
Married heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using an egg or sperm donor
Single parent using an egg or sperm donor
Maybe
Unmarried heterosexual couples, using an egg or sperm donor°
Unmarried Same sex couples, using an egg or
sperm donor – +
* probably, but may depend on the court
– depends on the facts and the court
+ if the couple is married, obtaining the order is fairly
straightforward. If not, it would depend on the
court
Intended parents who are in no way related to the resulting child, have the potential to get a pre-birth order declaring themselves as legal parents, but the process varies depending on the court and the discretion of the judge. Should a pre-birth order fail, they may still be able to be declared legal parents of a child by going through an adoption process.
Yes
No
Whose names go on the birth certificate in Kentucky?
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 rights.
Surrogacy Conditions for Same-Sex Couples in Kentucky
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.
Are There Options for Unmarried Intended Parents in the state of Kentucky?
Unmarried Intended Parents must base their connection to their offspring on their ownership of gametes and resulting embryo(s).
Egg Donation Law
There are no specific Kentuckyno laws in place that outline the rights to donated sperm or eggs acquired by contract and used in a surrogacy agreement.
State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Kentucky*
State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Kentucky*.
| Courtney Townes Good W. Waverley Townes Mosley & Townes, PLLC 130 St. Matthews Avenue, Ste. Louisville, KY 40207 Phone: 502.589.4404 http://www.mtlawky.com |
Ross Ewing Attorney & Mediator 200 301 E. Main Street, Ste. 640 Lexington, KY 40507 Phone: 859.263.3744 https://familylawlexington.com |
