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Is Surrogacy Legal in 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 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:

Yes

  • Married heterosexual couples, using their own egg and own sperm
  • Married heterosexual couples, using an egg or sperm donor

No

  • Unmarried heterosexual couples, using an egg or sperm donor*
  • Unmarried same sex couples, using an egg or sperm donor*
  • Single parent using own egg or sperm*

* 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

  • Married heterosexual couples
  • Married same sex couples

No

  • Unmarried heterosexual couples*
  • Unmarried same sex couples*
  • Single parent*

* The process varies depending on the court and the discretion of the judge.

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 right

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 Kentucky 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*

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

* 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.