While Tennessee doesn’t prohibit surrogacy, it also doesn’t provide a clear legal framework to guide hopeful parents and surrogates.
In this guide, we'll walk you through Tennessee’s surrogacy laws, pre- and post-birth parentage orders, LGBTQ+ considerations and more. We'll also provide a list of attorneys who can help you navigate your surrogacy journey.
If you're feeling unsure, you can speak to a surrogacy specialist today to get the guidance you need.
Tennessee Surrogacy Laws: Why Legal Clarity Matters
Tennessee doesn’t explicitly ban or permit gestational surrogacy. Instead, Tennessee Code Annotated, section 36-1-102(50) offers a basic definition of surrogacy within the context of the state’s adoption code.
This statute doesn’t outline any regulations, enforcement mechanisms or protections for intended parents, surrogates or children born through surrogacy. It simply defines what surrogacy is — not how it should be handled.
Because of this, surrogacy in Tennessee exists in a legal gray area. That makes it essential to work with a knowledgeable surrogacy attorney who can interpret related parentage and adoption laws to help protect your rights.
Is Paid Surrogacy Legal in Tennessee? Here’s What You Need to Know
Yes, paid surrogacy is legal in Tennessee. The state has no law that prohibits or regulates compensation for surrogates.
Surrogate compensation recognizes the surrogate’s time, effort and physical and emotional commitment. It also helps ensure that she's supported throughout the journey.
At American Surrogacy, we work with surrogates and intended parents nationwide. We can help you find a match in Tennessee where compensated surrogacy is legal.
Learn more about surrogate compensation and how much you can expect to pay or receive.
Are Surrogacy Contracts Enforceable in Tennessee? It Depends on the Court
There are no statutes or case laws in Tennessee that directly address the enforceability of surrogacy contracts. Instead, it’s up to the discretion of the court in each individual case.
Some judges may uphold a well-drafted contract, especially if both parties are represented by attorneys and the agreement is ethical and clear. Other judges may refuse to enforce it due to lack of legal precedent or public policy concerns.
Surrogacy Contract Checklist
A strong surrogacy contract is crucial, especially in a state without defined laws. A legally sound agreement should cover the following topics:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
When Do I Need a Surrogacy Contract in Tennessee?
Your contract is drafted after a match is made but before any medical procedures begin. Once you and your match agree to move forward, both parties will hire their own attorneys to negotiate the terms.
Want to know how long each step of the journey takes? Learn more about the surrogacy timeline.
How Will American Surrogacy Support Me During the Contract Stage? We’re With You Every Step
We coordinate closely with your attorney to help you navigate each legal milestone. Whether you're an intended parent or a surrogate, our team ensures your agreement reflects your needs and is compliant with Tennessee law.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we ever present a surrogate profile to hopeful parents, we thoroughly research that state's laws to ensure a safe and legal match.
LGBTQ+ Surrogacy Laws in Tennessee: Protecting Your Rights
Tennessee's surrogacy laws create significant legal challenges for LGBTQ+ families.
LGBTQ+ parents are listed as "Father" and "Father" or "Mother" and "Mother." The Department of Health marks out the incorrect gender term and types in the correct one. However, the crossed-out term remains on the certificate. Tennessee courts do not issue pre-birth parentage orders for LGBTQ+ couples unless one parent is genetically related — and even then, only the biological father is eligible to be named on the pre-birth order. This applies whether the couple is married or unmarried. The gestational carrier will be listed as the legal mother at birth, and the non-genetic intended parent must complete a second-parent adoption to establish their parental rights. LGBTQ+ couples can complete a second-parent adoption in Tennessee if they are legally married. This adoption allows both names to appear on the birth certificate.
At American Surrogacy, we support LGBTQ+ intended parents. We can help you navigate these legal nuances and protect your parental rights.
Abortion Laws in Tennessee and Surrogacy Contract Termination Agreements
Tennessee’s abortion laws are among the most restrictive in the country. The state bans most abortions with limited exceptions, and its constitution does not recognize abortion rights. Procedures require in-person counseling, a waiting period and an ultrasound.
All surrogacy contracts should include provisions for termination or selective reduction. If you're planning a surrogacy journey in Tennessee, it's critical to understand how these restrictions may affect your options.
If you’d prefer more flexibility, we can help you pursue surrogacy in a state with more supportive reproductive health laws.
Surrogacy Laws for Establishing Parentage in Tennessee: What Restrictions Are There?
Parentage laws in Tennessee depend heavily on your genetic connection to the child and your relationship status.
Married and unmarried heterosexual couples using their own egg and sperm can usually obtain a pre-birth order. If using an egg donor, only the biological father can be listed. The gestational carrier will be listed as the mother at birth. In cases where a pre-birth order isn’t available — especially for non-genetic intended mothers or donor embryo situations — a post-birth order or second-parent adoption will be needed to finalize parental rights.
How to Get a Pre-Birth Order
Here's how getting a pre-birth order works in Tennessee:
Your attorney will submit the necessary paperwork for a pre-birth order. A judge must approve the order, but the parties may not need to attend. If it's difficult for everyone to attend in person, the court will generally take testimony by phone. Expect to receive the finalized birth certificate within about a week via an electronic system.
International Surrogacy Laws: Starting Your Journey From Abroad
Tennessee doesn’t have any specific laws that address international intended parents.
American surrogacy works with surrogates across the U.S. If you live in one of the countries we work with, we can help you find a match and complete your journey here.
The Role of a Surrogacy Attorney in Tennessee: Get Legal Guidance
A surrogacy attorney helps protect your rights throughout the entire journey. They draft and review contracts, file court petitions and secure pre- or post-birth orders. They also coordinate with your agency to ensure everything complies with Tennessee law.
We partner with attorneys across the state and can help you find someone who fits your needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
The cost of a surrogacy attorney in Tennessee typically ranges from $5,000 to $15,000, depending on the complexity of your case and the attorney’s experience. As an intended parent, you’re also responsible for covering your surrogate’s legal fees.
At American Surrogacy, we factor these legal costs into our program fees, so you don’t have to worry about budgeting for surprise expenses down the road.
Find a Surrogacy Attorney Near Me
We work with a trusted network of attorneys who specialize in assisted reproduction law. Here are a few experienced professionals that are licensed to practice in Tennessee:
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Midwest Fertility Law Group (Chicago, IL): Tim Schlesinger specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. He’s a member of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA).
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Julia J. Tate-Keith, Esq. (Murfreesboro): Julia Tate-Keith works within Tennessee laws to form and protect families through assisted reproduction and surrogacy. She’s been a AAAA member since 2014.
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Law Office of Lisa Collins Werner (Knoxville): Lisa Collins practices assisted reproduction, intercountry adoption, egg donation, embryo donation, sperm donation and surrogacy law. She’s been a member of the AAAA since 1998.
Explore Our Surrogacy Programs in Tennessee: Which Path Is Right for You?
We offer three surrogacy programs tailored to your needs and goals:
Limited Risk Program
This program helps protect you from financial loss if your journey experiences setbacks, such as a surrogate being disqualified or an unsuccessful transfer. If something doesn’t go as planned, your fees are refunded or credited toward your next attempt.
Foundation Program
Our Foundation Program follows a pay-as-you-go structure. With lower upfront costs, this model works well if your journey proceeds smoothly. If additional transfers or a new match are needed, extra fees may apply.
Independent Surrogacy Program
If you’ve already found your surrogate, we can support you with everything else. Our Independent Program helps you avoid duplicate costs while still getting expert guidance for screening, contracts and legal steps.
No. Tennessee does not require insurance providers to cover IVF. States that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Utah. No. In Tennessee, an embryo is not legally considered a person unless it has been implanted in a woman’s uterus. This legal distinction is outlined in Senate Bill 1257, enacted as Public Chapter 351 in 2019. Yes. Traditional surrogacy is not prohibited by Tennessee law, but it comes with legal complexities. The surrogate retains parental rights until after birth, which can complicate the legal process for intended parents. No. Sperm and egg donors generally do not have parental rights in Tennessee if the donation is made through a licensed medical facility and the donor does not intend to parent the child. However, the state does not have a specific law that fully addresses donor parental rights. No. Tennessee does not offer a tax credit for IVF. However, qualified medical expenses may be deductible on your federal tax return if they exceed 7.5% of your adjusted gross income.FAQ: Legal Aspects of Surrogacy in Tennessee
Are insurance companies required to cover IVF in Tennessee?
Is an embryo considered a person in Tennessee?
Is traditional surrogacy legal in Tennessee?
Do sperm and egg donors have parental rights?
Is there an IVF tax credit?
Start Your Surrogacy Journey with Confidence
Tennessee’s surrogacy laws can be complex. But with the right guidance, you can move forward with confidence.
At American Surrogacy, we make sure you’re informed, protected and supported every step of the way.
Whether you’re hoping to grow your family or give the gift of parenthood, we’re here to help. Contact us today to speak with a surrogacy specialist and begin your journey.