Tennessee

Accepts / Does NOT Accept CA Judgment

Accepts

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

✓

✓

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

✓*

Two Bio Connections

✓

✓

N/A

N/A

N/A

No Bio Connections

Tennessee’s statutory law only serves only to define a “surrogate birth.”

Tenn. Code Ann. 36-1-101(51):

(A)“Surrogate birth” means:

(i)The union of the wife’s egg and the husband’s sperm, which are then placed in another woman, who carries the fetus to term and who, pursuant to a contract, then relinquishes all parental rights to the child to the biological parents pursuant to the terms of the contract; or
(ii)The insemination of a woman by the sperm of a man under a contract by which the parties state their intent that the woman who carries the fetus shall relinquish the child to the biological father and the biological father’s wife to parent;
The case  In re Adoption of Male Child A.F.C. determined that when an egg donor is used, the non biological parent will need to adopt the child before the gestational carrier can be removed from the birth certificate.

Vital Records Information

Contact: Rachel Appelt (seems to have replaced Mary Kennedy), attorney for TN VR ([email protected])

  • Rachel will look over any proposed Judgments- please provide them to her via email
  • Once Judgment is granted, provide Rachel with a copy via email, along with a conformed copy of the IVF Physician’s Declaration
    • IVF Declaration MUST state that the IPs’ own sperm and ova were used

*Once Rachel approves the Judgment, please forward her approval email to the hospital along with the copy of the Judgment*

Birth Certificates: Conflicting information- CFC indicates within a week, other sources state 1-3 months

  • Confirm with VR prior to approving a case

Of Counsel

Chelsea Caldwell
(901) 602.6850
chelsea@caldwellatty.com