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:


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


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.



Whose names go on the birth certificate in Kentucky?

The designation for parents on the birth certificate for same-sex parents are unclear.

International same-sex couples can receive a birth certificate that names the biologically related parent and the gestational surrogate as parents. It is possible that the certificate could be amended later if a second-parent adoption was pursued, but Kentucky’s stance on same-sex marriage makes such a change difficult to guarantee. This process cannot be circumvented by virtue of the child being born in Kentucky.

Surrogacy Conditions for Same-Sex Couples in Kentucky

Are There Options for Unmarried Intended Parents in the state of Kentucky?

Egg Donation Law

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*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.