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Surrogacy in Kentucky
Surrogacy is a complex assisted reproductive technology procedure in which one woman, called the surrogate, agrees to carry a pregnancy to term for another individual or couple.
Because surrogacy is a complex procedure, it is typically only an option when first-line treatments have not been successful. It may also be an option for women who have had their uterus removed, have experienced recurrent miscarriages, or who have certain medical conditions that make carrying a pregnancy especially risky.
Once you have decided to go with surrogacy, you then must decide if you want to use a traditional or gestational surrogate. A traditional surrogate conceives using her own egg, so the child would be biologically related to her. Gestational surrogates, on the other hand, are implanted with an embryo that comes from donors, so there will be no genetic relationship.
Surrogacy Laws in Kentucky
Like many states, Kentucky doesn’t have any clear laws on the books regarding surrogacy. However, rulings from a Kentucky Supreme Court case, and an Attorney General opinion, seem to indicate that uncompensated surrogacy agreements would be allowed. It’s not clear how the courts would rule on surrogacy agreements that did involve money.
Since there are no clear-cut laws on surrogacy in Kentucky, it’s especially important you talk with a reproductive law attorney if you are considering this process. Your attorney will help you navigate through the legal issues and help make sure your rights are protected throughout the process.
Choosing a Surrogate in Kentucky
If you are looking for a surrogate in Kentucky, you’re first step should be to check in with your fertility clinic. Many fertility clinics work with surrogacy programs that can help match you up with a surrogate.