Surrogacy Laws in Kentucky
Creating or completing your family through surrogacy in Kentucky can be a wonderful experience for Intended Parents. Surrogacy can also be a magical experience for surrogates too. There’s truly nothing like the feeling of helping others start a family. Many surrogates consider it their life’s calling. If you’re new to the process and want an understanding of how it works in Kentucky, read on to discover if you might be qualified to be a surrogate, how to find a surrogate without using an expensive agency, and just to get an overview of how it all works.
Like many states, Kentucky doesn’t have surrogacy-specific laws on the books with respect to the most widely practiced version, gestational surrogacy. Traditional surrogacy (where the surrogate’s own eggs are used), however, is prohibited by statute (Kentucky Revised Statute § 199.590) except for instances where the surrogate is not receiving any form of compensation (also called “altruistic surrogacy”). Interested parties should consult Assisted Reproduction attorneys who are licensed in the state and knowledgeable about surrogacy. It’s unknown how enforceable surrogacy contracts are in the state.
If you need help finding an attorney, you can try looking through Surrogacy Place’s attorney directory. If your state is not featured, check back soon, we’re adding attorneys regularly.
Is Surrogacy in Kentucky Legal
Ready to move forward with pursing surrogacy in the Bluegrass State? Compensated gestational surrogacy is indeed an option in the state and many families created from surrogacy are living in Kentucky today. While there aren’t specific regulations with respect to gestational surrogacy, there are ethical and legal standards. Many Reproductive Endocrinologists have firsthand experience with surrogacy and are experts at navigating the medical and ethical considerations.
As you contemplate the possibility of surrogacy in Kentucky, you should have a clear idea of what you’re looking for, including how you would handle any unexpected complications that can arise with pregnancy, your birth plan, what fair compensation looks like to you, and more.
Should I use a surrogacy agency to find a surrogate in Kentucky or go without one?
Only you can make that decision, however, it is never a requirement. Agencies are helpful for some, but are unnecessary overall and are not an official requirement. Both surrogates and Intended Parents have good reasons why going without an agency is the right call.
Are there any restrictions on who can be an Intended Parent in Kentucky?
No and LGBTQ families are treated the same as heterosexual families under the law. All individuals, however, should know that the process for establishing parentage differs based on the genetic relationship to the child(ren) and marital status.
Pre-birth orders are generally, but not always, granted to Intended Parents who share a genetic relationship with the child(ren). An Intended Parent who is married to the genetically-related Intended Parent may also apply for parentage this way. Intended Parents who are unmarried or non-genetically related Intended Parents usually have to complete a post-birth adoption.
Reproductive healthcare and surrogacy in the state of Kentucky
Kentucky effectively banned abortion after 6-weeks gestation except in cases where the pregnant woman is in imminent and immediate danger. The law does not allow exceptions for fetuses with extreme abnormalities that may be incompatible with life. The ban on abortion in the state limits access to Reproductive healthcare should unexpected pregnancy complications arise. Both Intended Parents and surrogates should discuss what this means and come up with a plan for the unexpected, including travel if desired.
Do you know what it takes to become a surrogate? Take this quiz and see how you do
There are many qualifications in place to make sure surrogacy is appropriate. Take this quiz to see if you might qualify.
Here are some of the qualifications prospective surrogates in Kentucky must meet
- You have been pregnant before and are raising your own biological kid(s).
- You are in excellent health including a BMI within a healthy range.
- You are financially secure and do not receive government assistance including welfare, SNAP, and Section 8.
- You have not had any significant pregnancy complications in the past.
- You are between 21 and 44 years old.
- You are responsible and will take all medications as prescribed by medical professionals.
- You know why you are pursuing a surrogacy journey and the reasons go beyond the financial incentives.
Not everyone is qualified to be a surrogate and that’s okay! If you are qualified, however, you can begin the matching process. After you match, you will be evaluated for suitability by the Intended Parent(s) Reproductive Endocrinologist. If you pass his/her official evaluation, you’re ready for the legal phase. You will be represented by an attorney that the Intended Parent(s) pay for. If everyone reaches an agreement, you’re ready for embryo transfer. If the embryo sticks, you’ll be pregnant with a journey well underway!
Surrogates: we have prepared a step-by-step guide for you to get more information about the process.
Why do an Independent journey? We have some answers.
How do I become a surrogate? Here’s an overview.
Direct matching without a surrogacy agency
If you’ve made up your mind to do an independent journey, we’ve got you. Our platform with its search capabilities connects surrogates and Intended Parents directly. Once you know your search criteria, you can match via specific fields directly within our database. You can also search by location to find locals or search by a wide variety of criteria that best fits your needs. Surrogates can join Surrogacy Place for free at any time, Intended Parents will pay a small fee for their access to most of the site’s features. When you’re ready to register, head to our sign-up page.
Why should I consider independent surrogacy process in Kentucky?
It may be your best choice. Beyond the cost savings for Intended Parents (many of who simply cannot afford the astronomical agency fees), surrogates themselves benefit from being able to match outside of exclusive agency contracts. Surrogacy agencies, especially ones that require exclusive contracts (which is the majority) may not present surrogates with the best matches. Surrogates are more likely to be shown Intended Parents who are paying the most to the agency, or those that have been waiting the longest vs the match that best aligns with the surrogate’s values. Forgoing an agency allows both parties to see the full range of available potentials, not just who the agency happens to have in their files.
Experienced surrogates often prefer independent journeys, many first-timers too. Read about why in our blog.
Need to know how the costs typically breakdown? Check out our cost-summary page as a resource.
Looking additional surrogacy information in another US state? Explore our surrogacy by state directory!
FAQs: Gestational Surrogacy in Kentucky
1. What is surrogacy in Kentucky?
Surrogacy in Kentucky is a reproductive arrangement where a woman (known as the surrogate) carries a baby for another person or couple (known as the intended parent/s).
2. What is a surrogate?
A surrogate is a woman who carries a baby for another person or couple. There are two types of surrogacy: traditional and gestational. In a traditional surrogacy, the surrogate uses her own egg, while in a gestational surrogacy, the egg is provided by the intended mother or an egg donor.
3. Is surrogacy legal in Kentucky?
Surrogacy is legal in Kentucky. However, it is always important to consult with an experienced lawyer to ensure that all legal requirements are met.
4. What is the surrogacy process in Kentucky?
The surrogacy process in Kentucky typically involves finding a surrogate, creating a surrogacy arrangement (including a surrogacy contract), and completing any necessary medical procedures. It is important to work with a surrogacy professional or program that can guide you through the process and provide support along the way.
5. What is a gestational surrogate?
A gestational surrogate is a woman who carries a baby for another person or couple, using an egg that has been provided by the intended mother or an egg donor. The surrogate usually has no genetic relationship to the baby.
6. Are there surrogacy laws in Kentucky?
No. Kentucky currently has no specific laws and regulations that govern surrogacy. However, it is still important to consult with an experienced lawyer who can guide you through the legal process and ensure that all legal requirements are met.
7. What is a surrogacy contract?
A surrogacy contract is a legal agreement between the intended parents and the surrogate. The contract outlines the expectations and responsibilities of both parties, and can cover topics such as compensation, medical expenses, and parental rights. It is important to work with an experienced lawyer to create a comprehensive surrogacy contract.
8. Can same-sex couples use surrogacy in Kentucky?
Yes. Same-sex couples can use surrogacy in Kentucky, as long as they meet the legal requirements and follow the necessary procedures.
