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Surrogacy Laws in Kentucky

There isn’t a statute in Kentucky that specifically deals with the surrogacy agreements’ validity, but there was a Supreme Court case in Kentucky and there was an opinion by the Attorney General that said that agreements which were uncompensated were possibly permissible. The surrogacy agreements’ issue dealing with LGBT persons haven’t been considered by the courts yet.


Explanation: There was an opinion in 1980 from the Attorney General in Kentucky that cautioned against surrogacy arrangements which were compensated. He said that contracts dealing with surrogate parenthood are not legal and not enforceable, and he based his opinion on provisions in the law outlawing the sale of kids and necessitating voluntary consent during adoption, and there was a public policy against selling and buying children.

There is case law in Kentucky that suggests approval for surrogacy arrangements that are uncompensated, but it’s not clear how a court would deal with a surrogacy arrangement dealing with money. The Attorney General in Kentucky in 1986 tried to revoke the corporate charter of a specific agency that set up surrogacy arrangements. In the ensuing lawsuit, the Attorney General said that surrogacy agreements set up by the company were against the statutes that outlawed the selling and buying of human beings for the purposes of adoption, and he pointed to statutes that made it invalid for a mother to give consent to adoption before the birth of her child. The Supreme Court of Kentucky, however, said that traditional surrogacy arrangements (wherein the surrogate mother is the egg’s biological contributor) were basically disparate from the act of selling and buying children. The Court said that laws against the sale and purchase of children meant to protect individuals from giving mothers huge financial incentives. Surrogacy agreements, however, are made before the conception of the child; thus, the surrogate mother is dealing not with the effects of an unwanted pregnancy or the financial difficult of bringing up a child, but instead with helping an infertile couple. The Court said that it wasn’t for the judicial branch to stop procreative solutions given by science. Furthermore, they also said that surrogacy contracts were void, and that they can be broken by either of the parties that are participating, instead of being illegal too.



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