Introduction to Gestational Surrogacy in Tennessee

A gestational surrogate or gestational carrier (GC) is a person who carries and delivers a baby for another person or couple, known as the intended parent(s). In gestational surrogacy, the GC has no genetic connection to the child. The embryo is created through in vitro fertilization (IVF) using the egg and sperm from the intended parent(s). This embryo is then implanted into the GC’s uterus, where it is carried to term.

In the state of Tennessee, a surrogate birth is defined as the following by the Tennessee Code § 36-1-102(52):

• The union of the wife’s egg and the husband’s sperm, which are then placed in another woman, who carries the fetus to term and who, pursuant to a contract, then relinquishes all parental rights to the child to the biological parents pursuant to the terms of the contract; or
• The insemination of a woman by the sperm of a man under a contract by which the parties state their intent that the woman who carries the fetus shall relinquish the child to the biological father and the biological father’s wife to parent

A GC in Tennessee will be named as the mother on the birth certificate unless the intended parents use both their own egg and own sperm. In other words, if the intended parents are not a heterosexual couple (married or unmarried) who are both genetically related to the child, only the paternity of the biological father will be established pre-birth. The non-biological intended parent (whether heterosexual or same sex) will have to obtain a second parent adoption post-birth to be named on the birth certificate.

Selecting the Right Surrogacy Agency

Once you and your fertility doctor have determined that your family-building journey will include gestational surrogacy, the next step is choosing a surrogacy agency. We have compiled several factors for consideration when determining which agency is right for you.

1. Research history and reputation. Your agency should have a strong existing relationship with TFI and other fertility clinics in the area. While an agency’s level of experience by itself can’t guarantee that your surrogacy journey will be positive, experience does matter. Agencies that have stood the test of time have probably learned what works and can offer proof of many successful surrogacy arrangements.
2. Understand the screening process. Surrogacy can be a legally and emotionally complicated process. Agencies must perform thorough medical and psychological screening for both prospective surrogates and intended parent(s) to give everyone the confidence that they are ready for this step in the fertility journey and to ensure the best match possible.
3. Review the services offered. When considering your options, understand which services are included by the agency. Some surrogacy agencies are partial service, which means they help facilitate the matchmaking between surrogates and intended parent(s), but don’t offer a full suite of resources (e.g., legal support) to support you throughout the surrogacy journey. A larger, more established, full-service agency can make the process significantly easier.
4. Look for transparent and competitive costs. This includes both the agency fees and surrogate compensation. A reputable surrogacy agency will clearly communicate costs, fees, and services to enable you to make an informed decision and investment.
5. Ensure responsibilities of the surrogate and intended parent(s) are clearly outlined. The responsibilities, expectations, and all steps of the surrogacy journey for all parties should be clearly outlined from the beginning. Surrogacy involves the coordination of numerous professionals and the best surrogacy agencies have honed their processes to make them as efficient and safe as possible for all parties involved.
6. Make sure you feel comfortable, supported, and appreciated. You will likely partner with this agency for a year or more, so you want to ensure it’s the right fit for you. In addition to offering high quality services, a good surrogacy agency should make the entire process feel both professional and seamless. Look for an agency you have a connection with.

Don’t hesitate to ask your care team any questions you have about the surrogacy process. Our team has supported hundreds of families through this process, and we will do the same for you!

Sources: How to Choose a Surrogacy Agency: Helpful Tips for Intended Parents (Gay Parents to Be, December 2023); How to Choose the Right Surrogacy Agency for You (GoStork); How to Choose the Right Surrogacy Agency (Brinkley Law Firm, April 2023); 7 Tips for Choosing the Right Surrogacy Agency (Surrogate Parenting Services, November 2021); How to Choose the Best Surrogacy Agency for You (American Surrogacy); Surrogacy in Tennessee (ConceiveAbilities); Tennessee Code § 36-1-102(52)