Kentucky Surrogacy Laws

Stance of Courts Toward Surrogacy

Traditional surrogacy is prohibited. No specific statutes or published case law permitting or prohibiting gestational surrogacy; surrogacy is an accepted practice.

 

Intended Parents Marital Status / Establishing Parentage

-pre and post birth parentage orders granted on a case-by-case basis.

Money Permitted?

No.

Summary of Law

Surrogacy is practiced, with legal parentage established through adoption proceedings.

Cases, Additional Info

KRS 199.590(4) states, “A person, agency, institution, or intermediary shall not be a party to a contract or agreement which would compensate a woman for her artificial insemination and subsequent termination of parental rights to a child born as a result of that artificial insemination. A person, agency, institution, or intermediary shall not receive compensation for the facilitation of contracts or agreements as proscribed by this subsection. Contracts or agreements entered into in violation of this subsection shall be void.”