GESTATIONAL SURROGACY LAW KENTUCKY

Below is a list of some of the most frequently asked questions about surrogacy in Kentucky:

Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Kentucky?

Kentucky does not have a statutory rule on this. As a result, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. However, since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable. It is important to work with an experienced surrogate attorney to guide you through this process.

Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Kentucky?

No. International intended parents will follow the same surrogacy process as domestic intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.

When do Intended Parents Need to Complete an Adoption After Birth?

Unmarried couples, regardless of genetic relationship to the child, as well as non-genetic intended parents who are married, will typically be required to complete a post-birth adoption in order to secure their parental rights.

Does Kentucky Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?

Kentucky does not have the statutory framework for second-parent adoptions.

Kentucky courts will grant stepparent adoptions to married heterosexual couples living in Kentucky. Stepparent adoptions are likely to be unavailable to same-sex residents of Kentucky because Kentucky courts would have to recognize the underlying same-sex marriage (currently prohibited by the state Constitution).

What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?

There is no statute or published case law that addresses this situation. If intended parents use a donor egg, sperm, or embryo, they may or may not be able to obtain a pre-birth order for both members of the couple.

An intended parent who is not genetically related to their child born via surrogacy in Kentucky may need to complete an adoption after birth to establish their parental rights. This will depend on the judge overseeing the surrogacy case.