Tennessee
PRE BIRTH OR POST BIRTH ORDER
Pre-birth
Process begins at week 14 of the pregnancy.
All parties may be required to attend the hearing (or participate via phone at judge's discretion).
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Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
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One Bio Connection |
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Two Bio Connections |
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No Bio Connections |
ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER
Yes; however, the Order will only be honored for Intended Parents with genetic connections. If an Intended Parent is not genetically related, they must adopt the child(ren).
Prior to providing the hospital with a certified copy of the Order, please obtain approval from Mary Kennedy, attorney for TN Vital Records. Mary should be provided with a copy of signed Order, along with a conformed copy of the IVF Physician's Affidavit. Please provide the documents via email - mary.kennedy@tn.gov. Mary will reply with email approval, which should be forwarded to the hospital, along with a copy of the certified Order.
Birth Certificates
Timing - Varies by county, but the typical time frame is 1-3 months.
Title - Parents can choose to be listed as father or mother.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
statutes / case law
Gestational Surrogacy is neither permitted nor prohibited by statute, Tenn. Code Ann. §36-1-102(50).
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No.
Venue
County of the child's birthplace, county of the Intended Parent's residence, or county of the Gestational Surrogate’s residence.
Do results vary by venue? Yes.
Are motions to waive venue accepted? No.
Electronic signatures / e-notarizaTIONS
Traditional signatures and traditional notarizations required.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? No.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? Yes, the couple must either be married or registered domestic partners.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? Yes, the couple must either be married or registered domestic partners.
Of Counsel
Julia Tate-Keith
2255 Memorial Blvd.
PO Box 11453
Murfreesboro, TN 37129
(615) 310-2831