The civic record
Read. Follow. Verify.Kentucky establishes fundamental right to fertility treatments and prohibits state interference
Last action · January 23, 2026: to Judiciary (H)Sponsors: Lindsey Burke and 2 others
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What This Bill Proposed
Kentucky HB 400 establishes a fundamental individual right to receive fertility treatments, complete ongoing procedures, and manage reproductive genetic material under established medical standards. The bill prohibits state and local governments from burdening or discriminating in these rights unless justified by a compelling state interest achieved by the least restrictive means. Officials violating this provision face civil actions for damages and in state or federal court.
Residents gain explicit legal standing to sue state and local officials in court for and damages if government actions infringe upon their fertility treatment rights.
- The General Assembly is the legislative branch of the Commonwealth of Kentucky responsible for passing state laws. context
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
Individuals seeking fertility treatment
Individuals gain a fundamental legal right to receive fertility treatments, manage reproductive genetic material, and sue officials for violations.
Health care providers
Health care providers licensed by the Kentucky Board of Medical Licensure or Board of Nursing are recognized as providers delivering fertility services under established medical standards.
State and local officials
Officials become subject to civil lawsuits for damages and injunctive relief if they are alleged to have violated the provisions of the act.
Key Facts
- Defines fertility treatment to include oocyte, sperm, or embryo preservation, artificial insemination, assisted reproductive technology including in vitro fertilization, embryo genetic testing, fertility medications, and gamete donation.
- Defines health care providers as facilities or individuals engaged in fertility treatment who are licensed by the Kentucky Board of Medical Licensure or the Kentucky Board of Nursing.
- Establishes a fundamental right for individuals to receive fertility treatment and complete ongoing treatments in accordance with American Society for Reproductive Medicine standards.
- Establishes individual rights to make decisions regarding the donation, testing, use, storage, and disposition of reproductive genetic material and to establish related contracts.
Show all 8 facts
- Prohibits the Commonwealth and its political subdivisions from denying, burdening, or infringing upon fertility rights unless justified by a compelling state interest achieved by the least restrictive means.
- Prohibits discrimination in the protection or enforcement of fertility rights based on sex, disability, race, ethnicity, gender identity, age, marital status, national origin, immigration status, religion, or sexual orientation.
- Subjects state or local officials who violate the act to court actions for injunctive relief and damages brought by any aggrieved person or entity.
- Exempts state laws or administrative regulations regarding medical facilities from violating the act if they align with evidence-based standards of care and their safety objectives cannot be advanced by less restrictive means.
Frequently Asked Questions
What medical procedures are included under fertility treatment in the bill?
Can state or local governments restrict fertility treatment access?
What happens if a state or local official violates these provisions?
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News Coverage
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
2 actions- Jan 23, 2026HouseCommitteeto Judiciary (H)
- Jan 15, 2026HouseIntroducedintroduced in House to Committee on Committees (H)
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Connected Entities
Sources
apps.legislature.ky.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 75)
- Controversy80Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz60Current news / social attention level
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