AN ACT relating to commercial surrogacy.

Create new sections of KRS Chapter 199 to define terms; establish that it is unlawful to offer commercial surrogacy services or enter into commercial surrogacy agreements in the Commonwealth or with a resident of the Commonwealth; establish that the penalties established do not apply to altruistic surrogacy, a woman acting as a surrogate, or a child born as a result of a prohibited commercial surrogacy arrangement; amend KRS 199.990 to establish that a violation of…

Introduced: February 23, 2026

Last action: March 2, 2026

To Judiciary (H)

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This bill would make it illegal in Kentucky to offer or enter into commercial surrogacy arrangements, meaning agreements where a surrogate is paid beyond basic expenses. Violations would be treated as felonies and could also result in civil fines of at least $10,000 per violation. The bill specifies that the surrogate herself and any child born from such an arrangement would not face these penalties, and that unpaid, altruistic surrogacy would remain legal. Who it may affect: people seeking or offering paid surrogacy services, fertility-related businesses operating in Kentucky, and individuals considering surrogacy arrangements.

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