Kentucky does not have a comprehensive statute authorizing gestational-surrogacy agreements. Its express prohibition is narrower: KRS § 199.590 makes compensated traditional-surrogacy arrangements involving the carrier's own egg and later termination of parental rights void, while compensated gestational arrangements remain legally unsettled.
State surrogacy outlookGestational-surrogacy law remains unsettled
What to know about surrogacy in Kentucky
The state has no comprehensive gestational-surrogacy statute, so contracts and parentage procedures depend more heavily on current case law and local court practice.
The legal pathway at a glance
01
Agreement and compensation
Kentucky does not clearly authorize or set enforceability standards for compensated gestational agreements. Section 199.590 prohibits and voids compensation for a woman to be artificially inseminated and then terminate parental rights, so any arrangement involving the carrier's gamete is restricted and should not be conflated with gestational surrogacy.
02
Intended-parent eligibility
No gestational-surrogacy statute sets intended-parent age, marriage, genetic, or residency eligibility. Genetic connections and marital presumptions can determine whether parentage is established through a court order or whether a non-genetic intended parent must adopt.
03
Parentage and birth records
Kentucky does not provide a uniform statutory pre-birth-order process for gestational surrogacy. Depending on genetics, marital presumptions, and local practice, intended parents may need a post-birth parentage order or adoption; any reported pre-birth practice should be confirmed with the court rather than assumed.
Kentucky
Important Kentucky differences
01
Keep the arrangement strictly gestational
The carrier should not provide the egg; compensated traditional surrogacy tied to later termination of parental rights is expressly prohibited and void.
02
Do not rely on a statutory safe harbor
Kentucky has no comprehensive gestational-agreement act establishing enforceability, compensation, screening, or parentage standards.
03
Confirm the local parentage route
Choose the expected birth county and verify the current availability and timing of any parentage petition.
Intended parents
How to get started in Kentucky
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
1
Confirm the Kentucky legal path first
Before matching or compensation is discussed, ask Kentucky counsel to confirm that the carrier contributes no gamete, review § 199.590, assess the agreement's enforceability, and map each intended parent's court-order or adoption route in the birth county.
2
Confirm who may use that pathway
No gestational-surrogacy statute sets intended-parent age, marriage, genetic, or residency eligibility. Genetic connections and marital presumptions can determine whether parentage is established through a court order or whether a non-genetic intended parent must adopt.
3
Complete screening and contracts before treatment
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. Kentucky does not clearly authorize or set enforceability standards for compensated gestational agreements. Section 199.590 prohibits and voids compensation for a woman to be artificially inseminated and then terminate parental rights, so any arrangement involving the carrier's gamete is restricted and should not be conflated with gestational surrogacy.
4
Map the parentage and birth-document timeline
Kentucky does not provide a uniform statutory pre-birth-order process for gestational surrogacy. Depending on genetics, marital presumptions, and local practice, intended parents may need a post-birth parentage order or adoption; any reported pre-birth practice should be confirmed with the court rather than assumed.
Last reviewed August 15, 2026
Sources and legal authorities
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
This directory organizes local planning information. A listed location does not by itself establish medical eligibility, program acceptance, or legal approval.