Surrogacy Laws & Process in Kentucky

Understanding the Surrogacy Process in Kentucky

Building a family through surrogacy in Kentucky involves a clear legal and medical structure that supports intended parents and carriers alike. Gestational surrogacy is permitted since no statute or published case law prohibits it, giving families the ability to move forward under existing law. The process begins with medical screening and continues through legal steps that establish parentage. Each stage is designed to protect the interests of all parties. Kentucky’s framework allows many types of intended parents to pursue surrogacy while keeping the carrier’s role safeguarded.

Pre-Birth Parentage Orders in Kentucky: Legal Recognition Before Birth

Kentucky courts grant pre-birth parentage orders, which play a central role in establishing legal parentage before delivery. This order allows intended parents to be recognized as the legal parents on the birth certificate. It offers security throughout the surrogacy journey and confirms their role from the very beginning.

Legal Framework

Gestational surrogacy in Kentucky proceeds without restrictive statutes. Pre-birth orders are available, but outcomes depend on the specific court and the family’s circumstances. Courts determine venue based on the planned hospital for delivery, and hearings are sometimes required.

Eligible Families

Different family types receive recognition through pre-birth orders under varying conditions.

Married heterosexual couples using their own egg and sperm: Approved
Married heterosexual couples using an egg donor or sperm donor: Approved
Unmarried heterosexual couples: Outcomes vary depending on the genetic connection and the court
Single parents using their own egg or sperm: Approved
Same-sex couples: Courts may approve if married, but outcomes remain less certain if unmarried
Intended parents with no genetic connection: Dependent on court discretion across all family structures

Outcome

With a pre-birth order, intended parents gain legal recognition before delivery. This recognition carries forward to the birth certificate, which lists them as the child’s legal parents. Kentucky Vital Records generally honors out-of-state pre-birth orders as well, offering additional reassurance.

Medical, Psychological, and Legal Requirements in Kentucky Surrogacy

Kentucky surrogacy involves several requirements designed to protect carriers, donors, and intended parents. Carriers undergo thorough medical evaluations to confirm readiness for pregnancy. At the same time, psychological assessments also help confirm emotional preparedness.

Legal agreements define rights and responsibilities to avoid future disputes. Traditional surrogacy is prohibited under Kentucky law (Ky.Rev.Stat.§199.590), which limits surrogacy to gestational arrangements only.

Egg and sperm donation carry no specific statutes regarding donor rights, so contracts play a central role in defining expectations and responsibilities. Families must also prepare for possible variations in court interpretation, as results can differ by venue.

Families create a foundation that respects the caregiver, protects the child, and affirms their parental rights by following each requirement.

Explore the Carrying Dreams Surrogacy Heatmap

Interested in learning more about the surrogacy process in different states? Explore the Carrying Dreams Surrogacy Heatmap, which highlights laws and surrogacy-friendly regions across the U.S.

At Carrying Dreams, we offer guidance, expertise, and compassionate support to help families from around the world grow through surrogacy and egg donation.

If you have any inquiries about the Kentucky surrogacy law & process, feel free to contact ustoday.