Gestational Surrogacy is permitted because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? Yes
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue? The expected location of the hospital for delivery determines venue.If the Gestational Carrier delivers at a different hospital, then a post-birth petition for parentage may need to be filed.
Do results vary by venue? Yes
If yes, are motions to waive venue accepted? No
Is a hearing required to obtain a pre-birth order? Sometimes, but typically the parties are not required to attend.
Is a pre-birth order possible in Kentucky based on a Gestational Surrogate’s plan to deliver in Kentucky, if no party lives in Kentucky? Yes
Will Kentucky Vital Records honor a pre-birth order from another state? Yes, generally.
What is the typical time frame to obtain a birth certificate after delivery? 30 business days, although they often can be expedited.
How are same-sex parents named on the final birth certificate? Unclear
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Surrogate? Although Kentucky might amend the birth certificate pursuant to an out-of-state court order or judgment of adoption, without such an out-of-state judgment or further resolution regarding Kentucky’s position on same-sex marriage the possibility of naming a non-biological father is not likely.
Can the non-biological parent obtain a second parent adoption based solely on the fact that the child was born in Kentucky? No
If no, will Kentucky Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Most likely
Note: This situation typically arises if the child is born outside of the state and the gestational carrier has been listed on the birth certificate. The parents then return to Kentucky to obtain a second parent adoption or stepparent adoption in Kentucky.
Will courts in Kentucky grant second parent adoptions or stepparent adoptions to heterosexual couples living in Kentucky? Yes
Does the couple need to be married? If the biological parent wants to retain parental rights, yes. Kentucky does not have the statutory framework for second parent adoptions.
Will courts in Kentucky grant second parent adoptions or stepparent adoptions to same-sex couples living in Kentucky? Step-parent adoptions are likely to be unavailable to same-sex residents of Kentucky because Kentucky courts would have to recognize the underlying same-sex marriage (currently prohibited by state Constitution). Kentucky does not have the statutory framework for a second parent adoption; adoption severs the legal relationship between the child and the biological parent except in the case of a (heterosexual) step-parent adoption.
Does the couple need to be married? Not applicable. Currently, Kentucky courts are not likely to recognize same-sex marriages and Kentucky does not have the statutory framework to accomplish a second parent adoption.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
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