FRANKFORT, Ky. (KT) – A bill proposed last week in Frankfort would prevent women in Kentucky from directly earning money for serving as surrogates.
House Bill 697, introduced by Rep. Nancy Tate, R-Brandenburg, and Rep. T.J. Roberts, R-Burlington, would prohibit commercial surrogacy. The bill defines it as “any contract, agreement, or other arrangement in which a woman agrees to become pregnant or carry and deliver a child for another person or persons in exchange for compensation.”
However, HB 697 would not restrict altruistic surrogacy. The bill describes altruistic surrogacy as “any contract, agreement, or other arrangement in which a woman agrees to become pregnant or carry and deliver a child for another person or persons without compensation.” The definition of compensation in the bill does not include reimbursements or payments for expenses directly tied to an altruistic surrogate’s pregnancy, such as prenatal care or hospital services for the child’s birth.
The sponsors of the bill point to the lack of “comprehensive federal regulation governing commercial surrogacy, resulting in inconsistent state laws and minimal protections for women and children.”
Anyone who advertises, arranges, solicits, or recruits commercial surrogacy services—or tries to enforce a commercial surrogacy agreement—would face a Class D felony for a first offense. Women who serve as surrogates would not face penalties under HB 697.
Under the proposal, commercial surrogacy contracts would not be enforceable in Kentucky, regardless of where the agreement was made.
Neither Tate nor Roberts responded to requests for comment.
Kentucky is home to several surrogacy organizations, including New Dawn Surrogacy in Louisville and Pathways to Parenthood, a Kansas-based agency that works with the Kentucky Fertility Institute, the Institute of Reproductive Health, and UofL Physicians in Louisville.
Agencies in the state support gestational surrogacy, in which a woman carries a child who is not biologically related to her.
Compensation for surrogates in Kentucky typically includes base pay ranging from $50,000 to more than $80,000, depending on experience, location, and other factors.
Additional compensation may include:
Milestone payments for completing stages in the surrogacy process or reaching medical markers such as embryo transfer;
Monthly allowances during pregnancy;
Reimbursements for travel, childcare, and lost wages; and
Payments for special situations, including C-section deliveries, carrying multiple fetuses, physician-ordered bed rest, or invasive procedures.
Surrogates must complete a screening process set by each fertility agency. This process includes a background check, psychological evaluation, insurance policy review, medical assessment, a legal contract, and mutual matching with intended parents who hire the surrogate to carry their child.
New Dawn Surrogacy and the Institute of Reproductive Health did not respond to requests for comment.
House Bill 697 was assigned to the Judiciary Committee on March 2.
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