Kentucky Surrogacy Laws & Policies

Category

Moderate

Gestational & Traditional Surrogacy

No statute or published court decision bans gestational surrogacy in Kentucky, so it is permitted. Traditional surrogacy (where the surrogate is genetically related to the child) is prohibited under Kentucky law.

Pre-Birth Parentage Orders

Yes, courts issue pre-birth parentage orders.

• If at least one intended parent is genetically related: married heterosexual couples (own egg & own sperm) → yes; married couples using a donor egg or sperm → yes; unmarried heterosexual couples (own gametes) → probably; unmarried couples using a donor → depends on the court; single parent (genetically related) → yes; same-sex couples (using a donor) → likely depends on marriage and court discretion.
• If no intended parent is genetically related: married or unmarried heterosexual couples, single persons, or same-sex couples → it depends on the court.

Venue/Jurisdiction & Variation

The expected hospital location where delivery will occur is a basis for venue. If the surrogate delivers in a different hospital than anticipated, a post-birth parentage petition may be necessary. Results do vary by venue (outcomes can differ depending on county or judge). Motions to waive venue are not accepted. A hearing is sometimes required to get a pre-birth order, though parties may not always need to be present. A pre-birth order may be possible even if no party resides in Kentucky, if the gestational carrier is to deliver there.

Same-Sex Couples & Birth Certificates

Unclear how same-sex parents will be listed on the final birth certificate under Kentucky law. International same-sex male couple could receive an initial certificate listing the biological father and gestational carrier. They may later seek to amend or replace it so that only the biological father(s) are named, without reference to the carrier—but that depends on recognition of outside orders or judgments. Non-biological parent in a same-sex relationship cannot obtain a second-parent adoption simply because the child was born in Kentucky. Kentucky will likely accept a second-parent adoption order from another state and add the second parent to the Kentucky birth certificate.

Birth Certificate Timing

30 business days; can sometimes be expedited

Recognition of Out-of-State Orders

Kentucky Vital Records will generally honor a valid pre-birth parentage order from another state.

Adoption Options

Kentucky does not have a solid statutory framework for second-parent adoptions; adoptions often sever the legal relationship with the biological parent except in stepparent adoption cases (heterosexual). Heterosexual couples can get stepparent or adoption orders, with marriage usually required to preserve the biological parent’s rights. Same-sex couples face greater challenges because Kentucky does not currently recognize same-sex marriage constitutionally, and thus, courts are less likely to grant second-parent or stepparent adoptions in same-sex settings.