State law does not provide any definition for the legality of surrogacy contracts. State law also does not define whether a surrogate may receive compensation above the cost of reimbursement.

In general, some people do enter into surrogacy agreements in the state of Kentucky, however, most intended parents will be required to execute an adoption agreement after birth. In some cases, where both the intended parents are also the genetic parents, it is reported that this an adoption order may not be necessary.