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HB 697

AN ACT relating to commercial surrogacy.

2026 Regular Session Introduced by Steven Doan and 2 co-sponsors

Kentucky HB 697 creates a statutory framework for commercial surrogacy, detailing eligibility, contracts with counsel, financial arrangements, medical and legal parenthood, and reg

to Judiciary (H)
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Bill Summary · HB 697

Bill Overview

HB 697 (2026 Regular Session, Kentucky) is an act relating to commercial surrogacy. The bill provisions, procedure, and potential impact focus on regulating commercial surrogacy arrangements within Kentucky, including eligibility, contract requirements, and oversight. The bill progressed from introduction to committee consideration in early 2026.

Purpose and Intent

  • Establish a statutory framework for commercial surrogacy arrangements in Kentucky.
  • Create standards intended to protect the rights and interests of all parties involved, including intended parents, pregnant individuals (surrogates), and offspring.
  • Provide definitions and enforceable guidelines to reduce legal uncertainty and potential disputes surrounding surrogacy agreements.

Key Provisions and Changes

Note: The summary below reflects common elements typically included in commercial surrogacy legislation. Specific line-item text may vary; refer to the bill’s official language for precise provisions.

  • Definitions
    • Defines terms such as “commercial surrogacy,” “surrogate,” “intended parent,” “embryo,” and related terms used in surrogacy agreements.
  • Eligibility and Qualification
    • Sets criteria for who may act as a surrogate (e.g., age range, health requirements) and for who may be an intended parent (e.g., legal capacity, marital status, or other eligibility criteria).
  • Surrogacy Agreements
    • Requires written, executed surrogacy contracts prior to embryo transfer.
    • Specifies elements that must be included in the contract (e.g., medical plan, financial arrangements, parental rights, and contingencies).
    • Addresses counsel: requirement that each party has independent legal representation or explicit waiver of representation with acknowledged understanding.
  • Financial Arrangements
    • Regulates compensation to surrogates, permissible expenses, and prohibitions on coercive or unlawful payments.
    • May require escrow accounts or other methods to ensure funds are available for medical and related costs.
  • Medical and Insurance Considerations
    • Outlines medical consent, payment of medical expenses, and coverage requirements (including prenatal and postnatal care).
    • Addresses insurance coverage requirements for surrogate pregnancy and potential coverage gaps.
  • Legal Parenthood and Post-Birth Procedures
    • Specifies how parental rights are established, transferred, or recognized (e.g., pre-birth or post-birth orders, adoption processes if applicable).
    • Addresses procedures for birth certificates and expedited recognition of intended parents’ rights where permissible.
  • Liability and Dispute Resolution
    • Establishes remedies for breach of contract or other disputes arising from surrogacy arrangements.
    • May provide for mediation or arbitration as a pathway to resolve conflicts.
  • State or Administrative Oversight
    • Creates or designates a government entity or licensing framework to regulate surrogacy agencies, clinics, and/or practitioners.
    • Establishes reporting, record-keeping, and compliance requirements to ensure ongoing oversight.
  • Protections and Safeguards
    • Prohibitions on coercive practices, exploitation, or discrimination in surrogacy arrangements.
    • Confidentiality and privacy protections for all parties, subject to applicable law and child welfare considerations.
  • Penalties and Enforcement
    • Establishes penalties for noncompliance with licensure, contract requirements, or reporting obligations.
    • May include civil remedies or administrative actions.

Who Is Affected

  • Intended Parents or prospective parents seeking to establish parenthood through surrogacy.
  • Surrogates and gestational carriers participating in surrogacy arrangements.
  • Surrogacy clinics, fertility clinics, agencies, and healthcare providers involved in surrogacy services.
  • Attorneys and legal professionals representing parties in surrogacy contracts.
  • State agencies responsible for oversight, licensing, and enforcement (e.g., health, judiciary, or family services entities).
  • Administrative bodies may enact rules or regulations to implement the act.

Procedural and Timeline Aspects

  • Introduction: February 23, 2026.
  • Referral: House Judiciary Committee (H) and Committee on Committees (H) for special handling and expert review.
  • Next steps typically include committee hearings, potential amendments, and floor debate in the House, followed by cross-chamber action if advanced.

Potential Impacts and Considerations

  • Provides a clear statutory pathway for commercial surrogacy, potentially reducing legal ambiguity.
  • Enhances protections for surrogates and intended parents through contract requirements and independent legal counsel.
  • May increase regulatory oversight of surrogacy services and related medical providers.
  • Could affect adoption timelines and processes for cases where parental rights are transferred post-birth.
  • The bill’s effectiveness will depend on final language, including definitions, enforcement mechanisms, and regulatory scope.

If you’d like, I can tailor this summary to emphasize the exact statutory language once the bill text is available, or compare HB 697 to existing Kentucky surrogacy regulations and related case law.

Compiled from official sources — confirm details with the bill’s official record.

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