Tennessee Surrogacy Laws

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Tennessee Surrogacy Laws

There is no Tennessee case law or any state statute that expressly prohibits the practice of gestational surrogacy or traditional surrogacy. Surrogate birth is defined by Tennessee statute, but the statute gives little guidance (T.C.A. § 36-1-102(50).).

In a 2014 Supreme Court of Tennessee case, the court held that “public policy did not prohibit enforcement of traditional surrogacy contracts, but it does impose certain restrictions,” In re Baby et al. (Tenn. 2014.).

As a result of the minimal law that exists, gestational surrogacy and traditional surrogacy are practiced throughout Tennessee cities like Nashville, Memphis, and Knoxville.

Laws Concerning Parentage Orders in Tennessee

Tennessee allows for its courts to grant pre-birth parentage orders—but only in limited circumstances. Only the biological father can obtain a pre-birth order; Tennessee courts will only grant pre-birth parentage orders to the biological father upon genetic testing or an agreement to establish parentage filed by both biological parents (T.C.A. § 36-2-305.).

The Tennessee gestational carrier will be named on the birth certificate of the child as the legal mother until such time as the intended mother completes a post-birth adoption.

Egg and Sperm Donor Law in Tennessee

There is no Tennessee law governing the rights, duties, or obligations of a Tennessee sperm donor, egg donor, or embryo donor for the purposes of assisted reproduction. However, under Tennessee statute, a child born to a married woman as a result of artificial insemination, with the consent of her husband, is deemed the legitimate child of the husband and wife (T.C.A. § 68-3-306).

Tennessee Stepparent and Second-Parent Adoption Law

State statute allows for a stepparent in Tennessee to adopt their spouse’s child without terminating the parental rights of the biological parent (T.C.A. § 36-1-115.). The adopting parents must have physical custody of the child, and the biological custodial parent must join in on the adoption petition (Id. § 36-1-115).

Fertility Clinics in Tennessee

Reach Out to Baby Steps Surrogacy Center, Inc.

For help understanding Tennessee surrogacy laws and how to complete your surrogacy journey, speak with Baby Steps Surrogacy Center, Inc. Just give our office a call at 412-281-9906 or reach us through the contact buttons at the top of this page.