Teen. Code Ann. 36-1-102(51) neither permits nor prohibits surrogacy, but merely defines it. Published case law, In re Adoption of Male Child A.F.C., 491 S.W.3d 316 (Tenn. Ct. App. 2014), ruled that the Gestational Carrier will be named as the mother on the birth certificate unless both parents use their own egg and own sperm. A second parent adoption will be required if an egg donor is used to remove the Gestational Carrier.
A Pre-Birth Order is only possible when at least one of the Intended Parents shares a genetic connection with the child. Only the genetically related Intended parent will be named on the parentage order, however, the non-genetic Intended Parent will be required to complete a second-parent or stepparent adoption after the child is born.
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