Yes, surrogacy is legal in Tennessee, but only for gestational surrogacy under strict statutory and judicial oversight. The Tennessee General Assembly codified provisions in 2020 (Tenn. Code Ann. § 36-2-301 et seq.), recognizing gestational carrier agreements when the surrogate is not genetically related to the child. The Tennessee Department of Health’s Vital Records Division enforces compliance with pre-birth parentage orders, requiring judicial approval prior to birth. Non-gestational surrogacy remains unregulated, creating ambiguity for intended parents using traditional surrogates.
Key Regulations for Surrogacy in Tennessee
- Judicial Pre-Approval Required: Intended parents must obtain a pre-birth order from a Tennessee court under Tenn. Code Ann. § 36-2-304, which mandates genetic testing to confirm the surrogate’s lack of biological relation to the child.
- Residency and Venue Restrictions: At least one intended parent must be a Tennessee resident, and venue is restricted to counties where the surrogate resides or where the intended parents file the petition.
- Health Department Oversight: The Tennessee Vital Records Division requires submission of the pre-birth order and a post-birth report from the delivering healthcare facility to issue the birth certificate, aligning with 2023 regulatory updates.