Kentucky

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed. 

Instead of filing in the county in which the Child will be born, the case can potentially be filed in Franklin County (location of state capital).  Depending on the familial type, a hearing and in person appearances by all the parties may be required.  The hearing would be perfunctory in nature.  Cases in this county normally go pretty smoothly, especially cases involving married hetero couples using their own genetics. 


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, it must be domesticated by local counsel and the court may rehear the entire matter, as opposed to simply domesticating the Order.

The GC will be listed as the mother on the initial birth certificate but it will not be generated unless requested. Once the JOP is issued, her name will be removed and replaced with the IM’s name.  


Birth Certificates

Timing - Varies by county, but the typical time frame is 3-4 weeks, on an expedited basis or 6 weeks for normal processing.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.

Venue

County of the child's birthplace.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  No


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Unknown.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes

Does the couple need to be married?  Unknown.


of counsel

W. Waverley Townes & Courtney Townes Good

Mosley, Townes & Watkins, PLLC

401 W Main Street, Ste. 1900

Louisville, KY 40202-2928

 (502) 589-4404

wtownes@mstwlegal.com; ctownes@mstwlegal.com

http://mstwlegal.com/