Tennessee Surrogacy Laws & Policies

Category

Moderate

Surrogacy Contracts & Statute

Tennessee law neither explicitly allows nor disallows gestational surrogacy contracts. Tenn. Code Ann. § 36-1-102(50) defines “surrogacy” within adoption law but does not regulate it. In practice, courts treat surrogacy arrangements based on case law and adoption statutes.

Traditional Surrogacy

Neither expressly allowed nor disallowed. Tennessee Supreme Court has held that a traditional surrogate’s parental rights cannot be terminated before birth; they must be decided post-birth like any genetic mother. Courts may consider the terms of a surrogacy contract in best interest analyses, but contract language is not binding.

Pre-Birth Parentage Orders

Courts can grant pre-birth parentage orders, but only if at least one intended parent is genetically related.

• Scenarios under which both intended parents can be named:
• Married heterosexual couple using their own egg & sperm → Yes
• Married couple using a donor egg → No—only the biological parent may get the order; the gestational carrier stays on the birth certificate until the non-biological parent adopts post-birth
• Unmarried heterosexual couple using their own egg & sperm → Yes
• Unmarried couple using a donor → No, only the biological parent may obtain the pre-birth order; the non-biological parent must adopt later
• Same-sex couple using donor → No, only the biological father may obtain a pre-birth order; non-biological parent needs to adopt
• Single parent using their own genetic material → Yes
• If no intended parent is genetically related: no pre-birth parentage order is granted for married, unmarried, or same-sex couples, or single persons.

Venue & Court Process

Venue may be in the county of the child’s birth if both intended parents are genetically related; otherwise, venue is the gestational carrier’s county or Davidson County (where the state health department is located). Motions to waive venue are sometimes accepted. A court hearing is required for pre-birth orders. Parties may not always have to attend; testimony by phone may be allowed in hardship cases. A pre-birth order may be possible even if no one resides in Tennessee, as long as a party is genetically related and venue criteria are met (gestational carrier delivering in Tennessee).

Same-Sex Couples

On the birth certificate, same-sex parents are listed as Father and Father or Mother and Mother; the Department of Health strikes out the incorrect term and types in the correct one, both visible. International same-sex male couple can obtain an initial birth certificate naming the biological father and gestational carrier. They can later change the certificate to name only the biological father or both fathers, but the non-biological father must complete a stepparent adoption either in Tennessee or their home state. A non-biological parent can obtain a second-parent adoption even if neither intended parent resides in Tennessee—the court may award partial guardianship in the parentage proceeding, then convert to adoption (an exception to Tennessee’s residency requirement). Tennessee Vital Records will accept a foreign adoption from another state for married couples, and issue a new birth certificate with both intended parents as sole legal parents.

Birth Certificate Timing

Varies by procedure

Recognition of Out-of-State Orders

Tennessee Vital Records will honor a pre-birth order from another state only if a Tennessee court domesticates it and deems it enforceable under Tennessee policy.

Adoption Options

Tennessee courts grant stepparent adoptions for eligible heterosexual couples living in Tennessee, and marriage is required. They also grant such adoptions for same-sex couples, with marriage required.