Gestational Surrogacy Regulations in Kentucky

Overview

Gestational Surrogacy is generally permitted in Kentucky. There are no statutes or published
case law that specifically permits or prohibits surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Kansas there is a basis for venue in Kansas. There is also venue in Kentucky if the birth of the child occurs in Kentucky* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes* (see Pre-Birth order)
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes* (see Pre-Birth order)
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Kentucky:
Yes
Birth outside of Kentucky:
Yes, however, discuss with your legal counsel

Pre-Birth Orders will usually be granted to Intended Parents who are married when at least
one shares a genetic relationship with the child and to single Intended Parents who are
genetically related to the child. Unmarried couples, regardless of genetic relationship to the
child, as well as non-genetic Intended Parents will typically be required to complete a
Post-Birth Adoption in order to secure their parental rights.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Kentucky Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
30 business days
How are same-sex parents named on the final birth certificate:
Parent and Parent*
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Kentucky Residents:

*This situation typically arises if the child is born outside of Kentucky. The parents then return to Kentucky to obtain a second parent adoption or stepparent adoption in Kentucky. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Kentucky?

*Traditional Surrogacy is expressly prohibited by Ky. Rev. Stat. §199.590*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.