Surrogacy Laws in Tennessee

Tennessee permits gestational surrogacy and provides a clear legal process for establishing parentage. Courts regularly issue parentage orders—both before and after birth—depending on the county and the specifics of the case. These orders confirm the intended parents as the child’s legal parents and ensure that their names are listed on the birth certificate at or shortly after birth, providing clarity and protection for all parties involved.

Tennessee’s surrogacy laws are inclusive of married heterosexual couples, and in practice, single and same-sex intended parents have also successfully established parentage with the assistance of experienced reproductive law attorneys. While the law does not expressly restrict other family types, the legal strategy may vary depending on the court’s interpretation and the family structure.

Gestational surrogacy, where the surrogate has no genetic link to the child, is the recommended and most secure arrangement. Traditional surrogacy is not prohibited but is less commonly practiced, as such agreements are not always enforceable and may involve additional legal steps to finalize parentage.

To ensure a smooth and protected process, all surrogacy agreements in Tennessee should be in writing and completed before any medical procedures begin. Each party must have independent legal counsel, and the agreement should define roles, responsibilities, medical decisions, and financial arrangements in compliance with state law.

At Giving Tree Surrogacy, we partner with trusted Tennessee reproductive law attorneys to guide intended parents through every legal step—ensuring clarity, compliance, and confidence throughout the journey.