Gestational Surrogacy Regulations in Tennessee

Overview

Teen. Code Ann. 36-1-102(51) neither permits nor prohibits surrogacy, but merely defines it. Published case law, In re Adoption of Male Child A.F.C., 491 S.W.3d 316 (Tenn. Ct. App. 2014), ruled that the Gestational Carrier will be named as the mother on the birth certificate unless both parents use their own egg and own sperm. A second parent adoption will be required if an egg donor is used to remove the Gestational Carrier.

Intended Parents

Age requirement:

18 years of age or older

Marriage requirement:

Married heterosexual couple:

Yes

Married same-sex couple:

Yes*

Unmarried heterosexual couple:

Yes

Unmarried same-sex couple:

Yes*

*One Intended Parent must be genetically related to the child.

Resident status:

No*

Independent legal counsel:

Yes

Gestational Surrogates

Age requirement:

18 years of age or older

Marriage requirement:

If married/partnered:

husband’s/partner’s sperm cannot be used

Surrogate status:

Gestational and Traditional Surrogacy

Resident status:

Use of own embryos:

No*

Independent legal counsel:

Yes

*The basis for venue in Tennessee is the child’s birthplace in Tennessee as long as both Intended Parents are genetically related to the child. If both Intended Parents are not genetically related, venue will be where GC lives

Embryos

Intended Parents own sperm:

Yes

Intended Parents own eggs:

Yes

Intended Parents using sperm donor:

Yes*

Intended Parents using egg donor:

Yes*

Intended Parents using both egg and sperm donor:

*at least one Intended Parent must be genetically related to the Resulting Child. If an egg donor is used, only the biological father can be listed and the Intended Mother must complete a Post-Birth Adoption. Tennessee does not allow unmarried to adopt each other’s children in a quasi-step parent adoption.

Birth of Child

Birth in Tennessee:

Yes

Birth outside of Tennessee:

Yes

A Pre-Birth Order is only possible when at least one of the Intended Parents shares a genetic connection with the child. Only the genetically related Intended parent will be named on the parentage order, however, the non-genetic Intended Parent will be required to complete a second-parent or stepparent adoption after the child is born.

Parentage

Pre-Birth Orders:

Yes

Hearing to obtain Order:

Yes

Post-Birth Orders:

Yes

General Information

Will Tennessee Vital Records honor a Pre-Birth Order from another state:

Yes (must be consistent with Tennessee policy)

What is the typical time frame to obtain a birth certificate after delivery:

5-10 business days

How are same-sex parents named on the final birth certificate:

Father and Father; Mother and Mother

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:

Yes

Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:

Yes* (A biological father can get the initial birth certificate amended to remove the Gestational Carrier after birth. The couple can get the birth certificate amended to replace the Gestational Carrier with the name of the non-genetic father only after a step-parent adoption is completed)

Second Parent and Stepparent Adoptions for Tennessee Residents:

This situation typically arises if the child is born outside of Tennessee. The parents then return to Tennessee to obtain a second parent adoption or stepparent adoption in Tennessee. Tennessee does not allow unmarried people to adopt each other’s children in a quasi-stepparent adoption but may honor a foreign adoption decree, if the Intended Parents reside outside of Tennessee. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Tennessee?

Traditional Surrogacy is generally permitted because no statute or published case law prohibits it. Please consult with a local attorney to determine if you can move forward with traditional surrogacy.

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.