Kentucky Revised Statutes Title XXVI. Occupations and Professions § 311.373.Definitions; fraudulent assisted reproduction; cause of action; damages; statute of limitations; penalty

(a) “Assisted reproduction” means a method of causing pregnancy other than through sexual intercourse, including but not limited to:

(b) “Health care provider” means an individual licensed by the Kentucky Board of Medical Licensure or the Kentucky Board of Nursing, pursuant to KRS Chapters 311 and 314; and

(c) “Human reproductive material” means a human sperm or ovum, or a human organism at any stage of development from fertilized ovum to embryo.

(a) Knowingly causes the use of human reproductive material from a donor whom the patient did not give written consent to receive it from; or

(b) Intentionally causes the use of his or her own human reproductive material without the patient's knowledge and written consent.

(3) (a) The patient who undergoes an assisted reproduction procedure in violation of subsection (2) of this section;

(b) The patient's surviving spouse or partner listed on the child's birth certificate;

(c) The child conceived through assisted reproduction as a result of a violation of subsection (2) of this section; or

(d) A donor whose human reproductive material is used without the donor's consent or in a manner inconsistent with the donor's consent;

shall have a civil cause of action against any health care provider, the health care provider's employer, or both, for a violation of the provisions of subsection (2) of this section.

(a) Liquidated damages of ten thousand dollars ($10,000) plus the costs of the fertility treatment and reasonable attorney's fees; or

(b) Compensatory and punitive damages including the costs of the fertility treatment plus the costs of the action and reasonable attorney's fees.

(a) The eighteenth birthday of the child conceived through the fraudulent assisted reproduction; or

(b) The earliest of the dates when: