An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Kentucky

Generally, is Kentucky friendly to ART?    Kentucky is generally friendly to ART.        

Is Kentucky friendly to non-married couples? Kentucky is sometimes/maybe friendly to non-married couples.

Is Kentucky friendly to LGBT families? Kentucky is friendly to LGBT families.

Is Kentucky friendly to a single intended parent?  Kentucky is friendly to single intended parents.

Are there statutes in place for surrogacy?   Kentucky does not have statutes for surrogacy.

Does Kentucky have an embryo donation statute?   Kentucky does not have statutes for embryo donation.

Does Kentucky have an egg donation statute? Kentucky does not have statutes for egg donation.

Is gestational surrogacy (third party gamete use) permitted?   Gestational surrogacy is permitted in Kentucky.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted?  Traditional surrogacy is permitted in Kentucky if there is no compensation.

Is compensated surrogacy allowed by statute?  In practice?  There are no statutes in Kentucky for surrogacy compensation, but it is done in practice.

Is uncompensated (expense reimbursement only) surrogacy allowed by statute?  In practice?  There are no statutes in Kentucky regarding surrogacy compensation, but it is done in practice.

Does Kentucky only permit a Carrier to be reimbursed for expenses (altruistic)? Kentucky allows Carriers to receive more  than expense reimbursements.

Are surrogacy agreements enforceable, void or prohibited?  There is no evidence that surrogacy agreements re unenforceable in Kentucky.

Do both Intended Parents both have to be genetically related to the child?   Kentucky does not require both parents to be genetically related to the child.

Does Kentucky require at least one Intended Parent to be genetically related to the child?  Kentucky does not require at least one parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child?  Single intended parents do not have to be genetically related to the child in Kentucky.

Do the Intended Parents have to be married?  In Kentucky, Intended Parents do not have to be married.

Do two Intended Parents have to be opposite genders?  In Kentucky, Intended Parents do not have to be opposite genders.

Does Kentucky allow pre-birth parentage orders to be issued for surrogacy?   Kentucky allows pre-birth parentage orders to be issued for surrogacy.

Does Kentucky only allow a post-birth parentage order to be issued?  Kentucky allows pre and post birth orders to be issued for surrogacy.

Can you obtain both a pre and post birth order in Kentucky for the same child?  Kentucky allows both a pre and post birth order to be issued for the same surrogacy child.

Can you obtain a parentage order if only the carrier resides in Kentucky?  Kentucky will issue a parentage order if the carriers resides there.

Can you obtain a parentage order if only the intended parents reside in Kentucky?  You may be able to obtain a parentage order if only the intended parents reside in Kentucky.

Can you obtain a parentage order if only the birth occurs in Kentucky?  You can obtain a parentage order if the birth takes place in Kentucky.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Kentucky?  You cannot obtain a parentage order if only the medical procedures/IVF Clinic is in Kentucky.

What is the basis for venue in Kentucky?   Venue in Kentucky for a surrogacy case is where the birth record will be issued.

Do results vary by venue?  Results may vary by venue in Kentucky.

Is a hearing required for a parentage order?  A hearing may be required for a parentage order in Kentucky.

Does Kentucky have a passport office?   Kentucky does not have a passport agency in the State, only acceptance facilities.

How long does it take to obtain a birth certificate?  It takes four weeks or less to obtain a birth certificate in Kentucky.

Will your vital records honor a parentage order from another state?  Kentucky will not honor a parentage order from another state without a formal domestication and Kentucky Court Order.

Does your vital records office require a parentage order from another state to be registered?  The Kentucky vital records office requires a Kentucky Court Order.

How does the birth certificate list same-sex parents?  Kentucky will list same-sex parents on the birth certificate as “PARENT-PARENT”.

Can an initial birth certificate be obtained naming the biological parent and the carrier?   It may be possible to obtain an initial birth certificate naming the biological parent and the carrier in Kentucky.

Can the birth certificate be amended to include only the biological parent or both intended parents?  It is possible to amend a Kentucky birth certificate to include only the biological parent or both intended parents.

Do your amended birth certificates say “amended” on them?   The Kentucky amended birth certificates do not say “amended” on them.

Can intended parents in a surrogacy obtain an adoption order?  There is no need for an adoption order after a surrogacy judgment in Kentucky.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the state of Kentucky should not rely exclusively on these printed responses.  All these issues should be discussed with a Kentucky ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.