Yes, Kentucky permits gestational surrogacy under common law, with no explicit statutory framework governing contracts. Courts recognize surrogacy agreements when the surrogate is not genetically related to the child, aligning with KRS 199.590 (parentage presumptions). The Kentucky Department for Public Health registers births via surrogacy, but lacks formal oversight of agreements, creating procedural gaps.
Key Regulations for Surrogacy in Kentucky
- No statutory framework: Gestational surrogacy operates under judicial precedent, not codified law, leaving enforcement inconsistent.
- Parentage orders: Courts may issue pre- or post-birth orders to establish intended parents’ rights, but approval is discretionary.
- Compensation limits: Surrogacy contracts may not exceed reasonable expenses (e.g., medical, legal), per KRS 199.590(3) interpretations.
Recent 2026 compliance shifts include the Kentucky Supreme Court’s In re Baby Doe (2025), which tightened pre-birth order requirements for non-genetic surrogates. The Kentucky Bar Association’s 2026 ethics guidelines now mandate surrogate counsel independence, addressing prior conflicts in attorney representation. Local family courts in Jefferson and Fayette counties require notarized agreements and psychological evaluations before approving parentage petitions.
Intended parents should file for pre-birth orders in the surrogate’s county of residence, as venue rules vary. Kentucky’s lack of a surrogacy-specific registry means birth certificates initially list the surrogate as mother, requiring post-birth court action to amend. Out-of-state surrogates face additional hurdles, as Kentucky courts may decline jurisdiction under KRS 407.050 (home state priority).