Tennessee's Surrogacy Statute

The state of Tennessee recognizes surrogacy pursuant to Tennessee Code Annotated, §36-1-102(48)(A). Section 36-1-102 comprises the definitional section of Tennessee's  adoption statutes.  In pertinent part this important statute provides:

(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;!

(B) No surrender pursuant to this part is necessary to terminate any parental rights of the woman who carried the child to term under the circumstances described in this subdivision (48) and no adoption of the child by the biological parent(s) is necessary;!

(C) Nothing in this subdivision (48) shall be construed to expressly authorize the surrogate birth process in Tennessee unless otherwise approved by the courts or the general assembly.

• While Tennessee's surrogacy statute does not authorize surrogacy, it also does not make surrogacy illegal. In so doing, surrogacy contracts are permitted under Tennessee law and will be honored.