Surrogacy Contracts in Tennessee: What’s Included and Why it Matters

In Tennessee, your surrogacy contract is the most important document you will sign. It is the roadmap for your entire journey, ensuring your medical rights are respected and your financial compensation is secure. Because Tennessee does not have a comprehensive “Surrogacy Act” passed by the legislature, your contract is the

A properly executed contract allows the court to recognize the intended parents as the legal parents, ensuring your rights are protected before any medical procedures begin.

If you want to verify your process is legally compliant, contact a surrogacy specialist to learn more about our agency protocols.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract defines the interaction between you and the intended parents. In Tennessee, this document must be finalized and signed before you begin any medical procedures for the embryo transfer.

The contract generally covers several key areas:

• Intent and Parentage: This section explicitly states that you intend to carry the child for the intended parents and do not intend to be the legal parent. This evidence of intent is crucial for courts when establishing parentage under Tennessee case law.
• Financial Terms: Your contract provides a detailed breakdown of compensation. This includes your base pay, monthly expense allowances, and specific reimbursements for maternity needs. It also establishes escrow account requirements to ensure money is available when needed.
• Medical Expectations: This chapter outlines the medical protocols you agree to follow, including IVF medications and prenatal care schedules.
• Liability and Risk: The agreement clarifies that you are not financially liable for the costs of the pregnancy or medical complications. It shifts the financial risk of medical bills entirely to the intended parents.
• Conduct and Lifestyle: To support a healthy pregnancy, the contract sets boundaries regarding travel, diet, and high-risk activities.

Are Surrogacy Contracts Enforceable in Tennessee?

Yes. Although the Tennessee Code does not explicitly regulate gestational surrogacy, the Tennessee Supreme Court has ruled that these contracts are valid and enforceable.

The governing legal standard comes from the 2005 case In re C.K.G., where the court adopted an “intent test” to determine parentage. The court ruled that when a gestational surrogate carries a child for intended parents, the legal parents are the individuals who intended to bring the child into the world, not necessarily the woman who gave birth. Your contract is the primary document used to prove this intent to the judge.

You can read the full opinion on the Tennessee State Courts website.

Additionally, Tennessee statute T.C.A. § 36-1-102 defines “surrogate birth” for the purpose of adoption records, acknowledging the practice exists under state law.

What Happens If a Surrogacy Contract Is Breached?

A breach occurs when either you or the intended parents fail to meet a significant obligation listed in the signed agreement.

If a breach occurs, the contract details specific remedies. Because the Tennessee Supreme Court has upheld the enforceability of these agreements, parties can theoretically seek legal recourse in court. However, financial remedies are the most common outcome. For example, if a surrogate violates a safety protocol, she may lose specific payments. If the intended parents fail to pay, you would have the right to halt medical procedures until the financial issue is corrected.

Understanding Surrogate Compensation in Tennessee

Tennessee does not place a legal cap on gestational surrogate compensation. Your contract will explicitly state the total compensation package and the timeline for every payment, providing you with financial predictability.

Your payments are generally divided into three distinct categories:

• Base Compensation: This is your primary fee for the service of surrogacy, typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
• Allowances and Start Fees: You will receive payments to cover incidental costs. This includes a medication start fee when you begin injections and a monthly allowance for minor expenses like vitamins and mileage.
• Event-Based Payments: The contract will outline one-time payments for specific milestones, such as a maternity clothing allowance or fees for invasive procedures like amniocentesis.

To guarantee these payments are secure, your contract will mandate that the intended parents deposit the funds into a licensed and bonded escrow account prior to the start of medical treatment.

Medical Rights in a Surrogacy Contract

Although you are carrying a child for another family, you never lose your constitutional rights to bodily autonomy. Your contract creates a framework for collaboration while respecting your rights as a patient.

Key medical provisions typically include:

• Provider Selection: The agreement will confirm your right to choose your obstetrical care provider.
• Treatment Compliance: You agree to follow the medical advice and protocols prescribed by the fertility clinic and your OB-GYN.
• Information Sharing: You will sign HIPAA releases that allow the intended parents to speak with your medical providers and view medical records.

Pregnancy Termination & Reduction Clauses

Tennessee has some of the strictest abortion laws in the country under the Human Life Protection Act (T.C.A. § 39-15-213). This law creates a near-total ban on abortion, with very narrow affirmative defenses available to physicians only when necessary to prevent the death of the pregnant woman or serious risk of substantial and irreversible impairment of a major bodily function.

You can view the official statute here: Tennessee Code § 39-15-213 (Note: While Justia is a secondary source, it hosts the unannotated code; for the most current legislative updates, always consult the Tennessee General Assembly).

• Legal Compliance: Your contract cannot require you to perform an illegal act. Therefore, termination clauses in Tennessee contracts must be drafted carefully to reflect that abortion is generally not an option solely for genetic anomalies or parental preference.
• Medical Necessity: The contract will likely focus on the medical circumstances under which a termination would be legally permissible (i.e., to save your life), ensuring all parties understand the severe legal restrictions in the state.

Lifestyle and Travel Restrictions

To protect the investment of the intended parents and the health of the baby, your contract will place reasonable limitations on your lifestyle.

Common lifestyle clauses include:

• Dietary and Substance Limitations: You will agree to avoid high-risk foods and completely abstain from alcohol, nicotine, and illegal drugs.
• Travel Restrictions: You may be restricted from traveling out of state after 24–28 weeks. This is critical in Tennessee because the “intent test” is a specific feature of Tennessee law; giving birth in a neighboring state could jeopardize the intended parents’ ability to establish parentage.

What the Contract Says About Labor and Delivery

The birth plan is a central part of your contract. This section serves as a script for the hospital experience, reducing stress for you and the intended parents.

The contract specifies the hospital where you intend to deliver and states that the intended parents are permitted to be in the delivery room, provided hospital policy allows it. It also confirms that the intended parents have the authority to make all medical decisions for the baby immediately after birth. If you agree to provide breast milk, the contract sets a weekly compensation rate for this service and requires the intended parents to cover supplies and shipping.

Insurance Requirements in a Tennessee Surrogacy Contract

Your financial security is a top priority. Your contract will require a thorough review of your health insurance policy to determine if it can be used for a surrogacy pregnancy.

If your policy excludes surrogacy, the intended parents are contractually obligated to purchase a separate surrogate-friendly insurance policy for you. The contract will also require the intended parents to purchase a life insurance policy for you, typically with a benefit of $250,000 or more to protect your family’s financial future.

How Surrogacy Contracts Differ: Agency vs. Independent

Choosing between an agency-assisted journey and an independent surrogacy journey significantly impacts your contract experience.

In an independent journey, you are responsible for ensuring your contract meets the criteria of the C.K.G. intent test. If the contract is ambiguous, the court may default to biology, which could complicate parentage if donor eggs or sperm were used.

Working with an agency provides comprehensive support:

• Screening: We protect you by pre-screening intended parents to ensure they are financially capable.
• Legal Coordination: We manage the legal clearance process, connecting you with experienced Tennessee attorneys who understand the Supreme Court’s requirements.
• Mediation: If a disagreement arises, your agency specialist acts as a mediator to resolve the issue professionally.

Understanding the Contract Is Just the Beginning—We’ll Help You Navigate What’s Next in Tennessee

Your surrogacy contract is the foundation of a successful process, providing you with the clarity and security you need to focus on the gift you are creating. It protects your finances, respects your body, and ensures that you and the intended parents are united in your goals.

We are here to handle the details so you can focus on a healthy pregnancy. If you are ready to begin a journey where your rights are protected every step of the way, contact us online to speak with a specialist today.