Surrogacy Laws & Process in Tennessee
Understanding the Surrogacy Process in Tennessee
Starting the journey to parenthood requires both guidance and clarity. Surrogacy in Tennessee offers opportunities for intended parents, yet every step requires knowledge of legal and medical requirements.
Families of all backgrounds look for certainty in the process. Tennessee law outlines clear rules that affect birth certificates, parentage orders, and adoption procedures. With the right support, the path can move forward with confidence and transparency.
Tennessee recognizes surrogacy but does not have a statute that directly authorizes or prohibits it. Tennessee law under §36-1-102(50) does not expressly approve or prohibit gestational surrogacy agreements. Instead, the adoption code defines surrogacy for legal reference, and case law provides direction for how courts interpret parentage.
Families entering the process can expect that the gestational carrier’s name will appear on the initial birth certificate unless both intended parents use their own egg and sperm. When donor eggs are involved, the intended mother or second father must complete an adoption proceeding to secure recognition.
Pre-Birth Parentage Orders in Tennessee: Legal Recognition Before Birth
Legal Framework
Tennessee Code Ann. §36-1-102(50) defines surrogacy, and case law outlines how pre-birth orders function. Courts issue these orders when at least one intended parent contributes their own egg or sperm.
Eligible Families
- Married heterosexual couples using their own egg and sperm: Both parents can secure legal recognition before birth.
- Married heterosexual couples using donor eggs: Only the biological father can be declared initially; the intended mother completes the adoption later.
- Unmarried heterosexual couples: Both parents qualify if they use their own egg and sperm, but not if they use donor material.
- Same-sex male couples using an egg donor: Only the biological father secures recognition before birth, while the partner completes a second-parent adoption.
- Single parents: Eligible if they contribute their own genetic material, though the carrier will appear on the birth certificate until corrections are made.
Outcome
Medical, Psychological, and Legal Requirements in Tennessee Surrogacy
Gestational surrogacy involves multiple stages of preparation. Medical evaluations confirm that a gestational carrier is physically ready for the process.
Psychological screenings assess emotional readiness for both carriers and intended parents. Legal agreements protect the rights of all parties and clarify expectations around compensation, medical decisions, and future parentage.
Tennessee courts require hearings for pre-birth orders, though testimony often takes place by phone if appearing in person creates a hardship.
Venue rules typically place jurisdiction in the county of the carrier’s residence or the child’s birthplace. Families considering Tennessee surrogacy should also note that adoption proceedings remain necessary in cases without a genetic link.
Explore the Carrying Dreams Surrogacy Heatmap
Interested in learning more about the surrogacy process in different states? Explore the Carrying Dreams Surrogacy Heatmap, which highlights laws and surrogacy-friendly regions across the U.S.
If you have any inquiries about the Tennessee surrogacy law & process, feel free to contact us today.
