Kentucky’s surrogacy laws may not be defined, but that doesn’t mean the path to parenthood isn’t possible.
While there are no surrogacy-specific statutes in Kentucky, hopeful parents and prospective surrogates still build their families every day. Understanding what the legal process looks like here is key to moving forward with confidence.
Below, you’ll find everything you need to know about Kentucky surrogacy laws, including how to get a pre-birth order, attorney fees and more. When you’re ready to take the next step, our team is here to help. Speak with a surrogacy specialist today to learn more.
Kentucky Surrogacy Laws: Building a Family in the Bluegrass State
Kentucky doesn’t have any surrogacy-specific laws. This doesn’t mean surrogacy isn’t legal here — it just means there’s no formal, statewide rulebook. Instead, the legal process depends on prior court decisions and local judge interpretations.
In Kentucky, everything is handled on a case-by-case basis. For instance, some judges may readily approve pre-birth orders, while others may require additional legal steps. That’s why having experienced legal guidance is critical.
Is Paid Surrogacy Legal in Kentucky?
Yes, compensated surrogacy is legal in Kentucky. There’s no state law that bans paying a surrogate, so you’re free to create a legally binding agreement that includes compensation.
This compensation is not just a payment — it acknowledges the surrogate's time, commitment and her physical and emotional effort throughout the journey. It can also help cover pregnancy-related expenses.
Curious about what this compensation typically includes? Learn more about how surrogate pay is structured.
Are Surrogacy Contracts Enforceable in Kentucky? What the Courts Say
Yes. Even though there’s no statute that guarantees enforceability, Kentucky courts have generally upheld well-written surrogacy contract.
At American Surrogacy, we help hopeful parents and surrogates understand the legal process in surrogacy-friendly states like Kentucky. We’ll connect you with an attorney who can create a secure contract that brings you peace of mind.
Surrogacy Contract Checklist: What Every Agreement Should Cover
The contract is one of the most important legal documents for surrogacy. If you’re wondering what should be included in a surrogacy contract, your attorney will walk you through things like:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
With American Surrogacy, you’ll never face these steps alone. We coordinate with top surrogacy attorneys to ensure your contract reflects your wishes and complies with Kentucky’s legal standards.
When Do I Need a Surrogacy Contract in Kentucky?
Your surrogacy contract is drafted after you’ve matched with your surrogate or intended parents. Once both parties are comfortable and ready to move forward, your attorney will start the contract phase.
Want a better idea of how long this all takes? Explore the full surrogacy timeline.
We've Got Your Back: How American Surrogacy Will Support You During the Contract Stage
Our team works closely with you and your attorney to ensure your legal agreement reflects your goals and meets state requirements.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we ever show you a surrogate profile, we confirm that their state’s surrogacy laws align with your legal needs.
LGBTQ+ Surrogacy Laws in Kentucky: Know Your Rights and Options
If you’re an LGBTQ+ couple pursuing surrogacy in Kentucky, here’s what you need to know:
Kentucky allows couples to be listed as "Parent" and "Parent." This option is available for married LGBTQ+ couples. Unmarried couples may face limitations based on the judge and circumstances. Second-parent adoptions are only available to married couples. Unmarried LGBTQ+ couples will need to pursue other legal paths like a court petition or full adoption.
American Surrogacy supports all families on their surrogacy journeys.
Abortion Laws in Kentucky and Surrogacy Contracts: What You Should Know About Termination
Kentucky has a strict abortion ban. Termination is only allowed if it’s necessary to save the pregnant person’s life. Additionally, patients must receive an ultrasound and attend two separate appointments at least 24 hours apart.
All surrogacy contracts include specific language about termination options. These clauses outline what's allowed by law, determine the conditions for selective reduction and ensure both the intended parents and surrogate agree ahead of time.
If Kentucky's abortion restrictions are a concern, we can help you complete your surrogacy journey in a state with laws that better fit your needs.
Surrogacy Laws for Establishing Parentage in Kentucky
Because there are no surrogacy-specific statutes, courts in Kentucky rely on pre-birth and post-birth orders to establish parentage. Your eligibility for a pre-birth order often depends on whether you're married and if one of you is genetically related to the child.
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Married heterosexual or LGBTQ+ couples can usually get pre-birth orders, even when using an egg or sperm donor.
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Unmarried couples may still qualify, but it depends on the court and if there’s a genetic link.
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Single intended parents using their own egg or sperm are generally eligible.
How to Get a Pre-Birth Order
The legal process may vary, but here are the typical steps:
This starts the process of requesting a pre-birth parentage order in Kentucky. While a hearing may be scheduled, intended parents and surrogates are usually not required to attend. You can expect the final birth certificate within 30 business days, though expedited options may be available.
International Surrogacy Laws: What Global Parents Need to Know
Kentucky doesn’t have specific laws for international surrogacy. However, general parentage laws and court processes still apply.
If you live outside the U.S. and want to work with an American surrogate, we can help match you with someone in a surrogacy-friendly state.
The Role of a Surrogacy Attorney in Kentucky: Why Legal Help Is a Must
A surrogacy attorney ensures that all legal aspects of your journey are handled correctly. This includes drafting and reviewing your surrogacy contract, helping establish parentage and ensuring your rights are fully protected.
We partner with reputable surrogacy attorneys across Kentucky and can help you find someone suited to your unique needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
In Kentucky, surrogacy legal fees typically range from $5,000 to $15,000 depending on the firm and services required. Intended parents are responsible for the surrogate’s legal costs.
When you work with American Surrogacy, you won’t need to budget for unexpected legal expenses. Our program fees factor in these costs from the start.
Find a Surrogacy Attorney Near Me:
Here are a few experienced attorneys we work with:
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The Family Law & Fertility Law Group (Cincinnati, OH): Rachel Loftspring focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She is a member of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA).
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Northcutt & White PLLC (Calvert City): Gregory Northcutt handles adoption and surrogacy cases. He's been a member of the AAAA since 2011.
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W. Waverly Townes (Louisville): With over 45 years in practice, Waverly Townes specializes in assisted reproduction, intercountry adoption, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. He's been an AAAA member since 1992.
Explore Our Surrogacy Programs in Kentucky: 3 Paths to Parenthood
At American Surrogacy, we offer three programs to fit your journey:
Limited Risk Program
Our Limited Risk Program offers built-in protection. If you experience setbacks such as a surrogate not passing screening or a failed embryo transfer, your fees are either refunded or credited to your next attempt.
Foundation Program
The Foundation Program is a more affordable, pay-as-you-go model that gives you control over when and how you pay for services. It’s a great choice for families who are confident in their match and hoping for a successful first transfer. Just be aware that if challenges arise, extra costs may apply.
Independent Surrogacy Program
Already matched with a surrogate? Our Independent Surrogacy Program is designed to support you through every step beyond the match. We’ll handle medical screening, legal contract drafting, psychological evaluation and case management — all without duplicate fees.
FAQ: Legal Aspects of Surrogacy in Kentucky — Your Top Questions Answered
Are insurance companies required to cover IVF in Kentucky?
No. Kentucky doesn’t mandate insurance coverage for IVF or fertility treatments. States that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Kentucky?
Yes. Under the Human Life Protection Act (Kentucky Revised Statues section 311.772), embryos are considered legal persons from the moment of fertilization.
While the law focuses on pregnant individuals, it may influence how embryos are stored or handled. Lawmakers recently introduced House Bill 316 to clarify how these personhood definitions apply to reproductive technologies and to address potential legal consequences.
Is traditional surrogacy legal in Kentucky?
No. Under Kentucky Revised Statutes section 199.590, it’s illegal to compensate someone for undergoing artificial insemination and giving up parental rights. This effectively bans traditional surrogacy contracts.
Do sperm and egg donors have parental rights?
No. While there are no specific statutes in Kentucky, donor agreements state that donors have no parental rights, and courts generally honor that intent.
Is there an IVF tax credit in Kentucky?
No. However, federal tax law lets you deduct qualifying medical expenses, including IVF, that exceed 7.5% of your adjusted gross income.
Ready to Begin Your Journey?
Surrogacy law in Kentucky can feel complex, but you don’t have to figure it out alone. With American Surrogacy, you’ll have experienced professionals by your side every step of the way.
Whether you're a hopeful parent or a prospective surrogate, we’ll help you navigate the legal process with confidence. Let’s make your dream of family a reality.