Kentucky legislation · 2026 Regular Session
Kentucky HB400: AN ACT relating to fertility treatment.
Status: In committee, January 23, 2026
Create a new section of KRS Chapter 216 to define terms; establish fundamental rights relating to fertility treatment; prohibit the Commonwealth and its political subdivisions from denying, burdening, or infringing on those rights unless justified by a compelling state interest achieved by the least restrictive means; prohibit the Commonwealth and its political subdivisions from discriminating in the protection or enforcement of those rights; create a civil cause of action against a state or local official who violates those rights.
What the bill says
An act relating to fertility treatment.
From the introduced text:
AN ACT relating to fertility treatment. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO READ AS FOLLOWS: (1) As used in this section: (a) "Fertility treatment" includes: 1. Preservation of human oocytes, sperm, or embryos for later reproductive use; 2. Artificial insemination; 3. Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material is handled; 4. Genetic testing of embryos; 5. Medications prescribed or obtained over-the-counter, as indicated for fertility; and 6. Gamete donation; (b) "Health care provider" means a health care facility or individual that is: 1. Engaged or seeking to engage in the delivery of fertility treatment, including through the provision of evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment; and 2. Licensed by the Kentucky Board of Medical Licensure under KRS Chapter 311 or the Kentucky Board of Nursing under KRS Chapter 314; and (c) "Widely accepted and evidence-based medical standards of care" means any medical services, procedures, or practices that are in accordance with the guidelines of the American Society for Reproductive Medicine. XXXX 1/9/2026 8:42 AM Jacketed UNOFFICIAL COPY 26 RS BR (2) Every individual has a fundamental right to: (a) Receive fertility …
Sponsors
- Lindsey Burke (D, HD-075) · primary sponsor
- Adrielle Camuel (D, HD-093)
- Mary Marzian (D, HD-041)
Latest actions
- : to Judiciary (H)
- : to Committee on Committees (H)
- : introduced in House
Subjects: Health And Medical Services, Reproductive Issues, Civil Actions, Civil Rights
Common questions
- What is HB400?
- HB400 is a bill in the Kentucky Legislature (2026 Regular Session): AN ACT relating to fertility treatment.
- What does HB400 do?
- In its own words: An act relating to fertility treatment.
- What is the status of HB400?
- In committee as of January 23, 2026. Latest action: to Judiciary (H) (January 23, 2026).
- Who sponsored HB400?
- Lindsey Burke (D, HD-075), with 2 co-sponsors.
- Where is the official record for HB400?
- On the Kentucky Legislature website: https://apps.legislature.ky.gov/record/26rs/hb400.html
Source: official Kentucky record. Tracked by Delilah, AI for legislation across all 50 states and Congress.