FAQ

Q.  Does Tennessee law recognize surrogacy?  

Yes.  Tennessee law recognizes the existence of surrogacy by state statute. By statute, the Tennessee legislature recognizes surrogacy and establishes that surrogacy contracts are permitted.  The statute recognizes scenarios involving both gestational and traditional surrogacies.

Q. What is a gestational surrogacy?

A gestational surrogacy generally occurs where the intended parents act with the assistance of a fertility clinic to obtain in-vitro their own embryo. The embryo is created in vitro by uniting the intended father's semen with the intended mother's egg. The resulting embryo has no genetic relation to the surrogate who then submits to an embryo transfer in which the intended parent's embryo is transferred into the surrogate's uterus.  If the transfer is successful the surrogate becomes pregnant and then carries the resulting genetic child of the intended parents through birth.  At birth the child is the child of the intended parents and is subsequently raised and cared for by the intended parents as their own child free of interference from all others.

A gestational surrogate may also involve the use of a donated egg, donated semen, a donated or embryo, and/or some combination of the same.            

Where an egg is donated, the intended father's semen may be used or a sperm donor may be utilized to fertilize the egg to create an embryo.  If the intended father's semen is used he is the genetic father of the child and the intended mother may adopt the child to obtain full legal parental rights in the child equal to those of the intended father who is also a genetic parent.                      

Similarly, if a donated egg and donated semen is used, then neither the intended mother or intended father are genetically related to the child and each may obtain full parental rights by adopting the child.

Where the intended mother's egg is used with donated sperm to create in vitro an embryo, the intended mother is a genetic parent and the intended father may obtain full legal parental right in the child by adopting the child.

Finally, where a donated embryo issued neither intended parents is a genetic parent and each may adopt the child to obtain full legal parental right in the child.

Thus, although usually one or more of the intended parents are genetically related to the resulting child of the surrogacy, the key distinguishing difference between a gestational surrogacy and a traditional surrogacy is that the surrogate who varies the child is not genetically related to the child in any way.

Q.  What is a traditional surrogacy?

A traditional surrogacy involves a situation where the surrogate who will carry the child for the intended parents agrees to use her own eggs which are united and fertilized in vitro or through artificial insemination by the semen of the intended father.  The resulting embryo is genetically related to surrogate.  As such, she is the genetic mother of the child that will be born.

Because the surrogate is the biological mother do the child, following birth the parental right of the surrogate are surrendered and/or terminated in an adoption proceeding in which the intended fm other adopts the child. Tearing full legal and parental right in her in place of the surrogate.

Q.   What is a pre-birth order?

A pre-birth order is an important enforceable order of the courts that declares certain rights in the child resulting form the surrogacy and the rights of the parties.  A pre-birth order often establishes the paternity of the intended father, the maternity of the intended mother, and/or the parentage of both intended parents before the child is born.  The same may be very important in addressing who possesses legal rights in the child at the time of birth and following birth.

A pre-birth order may also create custodial rights over the child by declaring custody of the child to rest solely with the intended parents following the child's birth and release from the hospital.  The same allows the intended parents to leave the hospital with the child in their possession, and permits the intended parents to keep the child and to return home with the child regardless of whether the intended parents reside in Tennessee or in another state.

Pre-birth orders also advise medical providers and hospitals where the child will be born with directions as to how to handle the surrogacy and as to the intended parents right to make all medical decisions for the child. 

Q.  Can a pre birth order be obtained in a traditional surrogacy or only in a gestational surrogacy?

A pre-birth order generally can be obtained in both a gestational and traditional surrogacy.

Q. If the intended parents and/or surrogate reside out of state do the intended parents or surrogate have to appear in court to obtain a pre-birth order?

Generally, neither the intended parents nor the surrogate have to appear in court.  As legal counsel, we appear in the court and handle the petition and obtain the court's approval of the pre-birth order.  

Q. If the intended parents reside out of state can Mid South Surrogacy's attorney represent the intended parents in a surrogacy where the child will be born in Tennessee?

Yes.  We frequently represent intended parents that reside out of state where the child of the surrogacy will be born in Tennessee.

Q.  If the intended parents reside in Tennessee and the surrogate resides in another state and the child will be. Ron in another state can Mid-South Surrogacy's attorney represent the intended parents in the surrogacy?  

Yes.  We can represent the intended parents and may have a pre-birth order entered in Tennessee and then declared equivalent to an order of the other state in which the child will be born by having the Tennessee Order domesticated.

Q. Does Mid-South Surrogacy require payment of legs services in full up-

front?

No. Mid-South Surrogacy offers and accepts payment plans if desired.

Q. Does Mid-South Surrogacy represent surrogates?

Yes. We have no preference as to whether we represent the intended parents or the surrogate. We are very experienced in drafting surrogacy contracts and in representing surrogates in reviewing such contracts and ensuring the surrogate is fully protected throughout the surrogacy.

Q.  Do you assist in matching surrogates with intended parents?

Yes. We are always interested in speaking with surrogates who wish to be matched with prospective parents. We are glad to take your information and to Leo ode it to intended parents who are seeking a surrogate.  We charge no fee to the surrogate or the intended parents in matching surrogates with intended parents. If you are a surrogate and seeking to be matched, please fill out the attached surrogate information sheet found on the home page under the tab "surrogate intake form."  We would love to speak with you if you are seeking to be matched with intended parents.

Q. Do you charge an attorney fee for surrogacy consults to discus surrogacy and/or questions of intended parents or surrogates?

No, we are always glad to speak with you and to assist you in any way we can whether you subsequently retain us to assist you further or not.  We consider it an honor to speak with you about your family and/or interest in surrogacy.

Q.  Does my health insurance cover the surrogacy if it covers maternity? 

You should not assume that your health insurance coverage covers the surrogacy just because it provides for maternity coverage.  The entire policy must be read and carefully consulted as different parts of the policy may well exclude surrogacy.

Q.  What options do Intended Parents have in regard to medical bills if they have elected to pursue a surrogacy with a Surrogate that does not have health insurance coverage? 

It depends on the particular facts of your case.  If the surrogacy is a gestational surrogacy in which there is no available insurance coverage specialized surrogacy coverage may be obtained.  The same is generally expensive but the cost of the pregnancy may very well warrant taking out such coverage.  Additionally, many hospitals will give a reduction anywhere from 10% to 35% for medical bills in a pregnancy where there is no health insurance coverage if the medical bills are paid in full up front. Thus, careful planning may be necessary to take advantage of such possible reductions in the medical bills.   

Q.  Apart for base compensation/reimbursements, what other benefits may be included in a Surrogate’s benefits package?

The specific benefits offered in a surrogacy are dependent upon the Parties and what the negotiate and agree upon.  However, it is not uncommon for surrogacy agreement and contracts to provide for additional reimbursement compensation for the Surrogate carrying multiple babies, for the Surrogate having to undergo a c-section, for the surrogate having to undergo selective reduction or an abortion approved under the contract.  Additionally, surrogacy contracts may also provide for life insurance for the Surrogate and an allowance for maternity clothes, and lost wages for periods of medically ordered bed-rest.

To find out more information please contact J. Matthew Miller at (931)237-5104 or email jmmiller@batsonnolan.com