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Surrogacy Law in Tennessee

Last updated August 24, 2026

Quick facts
  • Paid surrogacy: Legal
  • Parentage order: Varies by case
  • Interstate compact state: No

Tennessee mentions surrogacy in its laws, but only as a definition — not as a real set of rules.

Surrogacy isn't illegal in Tennessee, but the only law that mentions it is a short definition tucked inside the state's adoption code. It doesn't create a process, doesn't set requirements, and doesn't offer protections — it's just a definition. The real rules come from general parentage law and a couple of court cases.

Can a surrogate be paid?

In practice, yes — nothing in Tennessee law bans paying a surrogate. But because there's no real surrogacy statute, it's treated as a private contract matter rather than something the law specifically protects.

Genetic connection matters a lot here. A generally requires at least one to be genetically related to the baby. Without that connection, the legal path is less clear and may take longer or require an extra step.

A few practical things to know

  • Only a definition, not a real law: Tennessee's surrogacy statute doesn't create a process or protections.
  • Genetic connection matters: it's usually required for a pre-birth order.
  • A hearing is typically required, though remote appearance is often allowed.
  • Cost: this varies based on the agency, clinic, and surrogate's . See the cost calculator guide for a fuller breakdown.
  • Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Tennessee insurance guide linked below.

This page is here to help you learn the basics — it isn't legal advice. Tennessee doesn't have a dedicated surrogacy law, so a lot depends on your specific situation.

Before signing any , talk to a lawyer who specializes in reproductive law in Tennessee. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.


Statute & case citations
  • Tenn. Code Ann. § 36-1-102 (definitions only)
  • In re C.K.G., 173 S.W.3d 714 (Tenn. 2005)
  • In re Baby, 447 S.W.3d 807 (Tenn. 2014)
pre birth parentage orderintended parentgestational carrier agreementcompensation vs reimbursement
Insurance considerations for Tennessee →Find an attorney in Tennessee →

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