Limited / fact-dependent framework

Surrogacy laws in Tennessee

Tennessee law defines certain forms of “surrogate birth,” but expressly states that the definition should not be read as blanket statutory authorization of the process.

What Tennessee law says

Tennessee Code § 36-1-102 defines “surrogate birth” in specific circumstances and addresses when surrender or adoption is unnecessary for the biological parent or parents described by the statute. The same provision says that it should not be construed to expressly authorize the surrogate-birth process unless otherwise approved by the courts or General Assembly.

Parentage and birth records

Tennessee case law shows that birth-record treatment can depend on the facts of the arrangement. Do not assume that a gestational agreement automatically determines who appears on the birth certificate or eliminates the need for a separate parentage procedure.

Agreement and compensation

The statute is not a comprehensive regulation of gestational-carrier agreements, compensation, insurance, screening or medical autonomy. Those issues require current Tennessee legal review.

What this means for a surrogate

Before signing an agreement or beginning treatment, use independent Tennessee reproductive counsel to confirm how the statutory definition, current case law, parentage procedure and proposed agreement apply to the specific match.

Confirm the legal pathway before you sign.

Use state-specific counsel for the agreement and parentage plan.

Read legal considerations