Wading In: A Primer to
Assisted Reproductive Technology and Tennessee
Law
By: Caitlin B. Adgent, Esq., and Julia J. Tate-Keith, Esq.
Broad Strokes: What We Can and Can’t Do in Tennessee
Every State has different laws when it comes to Assisted Reproductive Technology (ART). As we are licensed in Tennessee, our expertise is in Tennessee ART Law. Tennessee is friendly to those using ART and there are many ways to grow your family here. However, there are a few exceptions to what is legally allowed in this State. Please look at the list below to get a better idea of what we can do with ART Law in Tennessee and how we can help build your family. If your specific set of circumstances are not listed below or are not currently allowed in Tennessee, please reach out and we can help point you to a State that can help address your specific needs.
Allowed in TN:
- Egg Donation Agreements
- Sperm Donation Agreements
- Embryo Donation Agreements
- Gestational Carrier Agreements
- Intended Parents who are both genetically related to their embryos and are using a Gestational Carrier
- Intended Parents who are using genetics from one partner and a donor and are using a Gestational Carrier
- Intended Single Parents who are using their genetics and a donor’s genetics and are using a Gestational Carrier
NOT currently allowed in TN:
- Cannot help Intended Parents where neither Parent is genetically-related to the embryo
- Cannot help single Intended Fathers who are not genetically-related to the embryo
- Cannot help single Intended Mothers who are not genetically-related to the embryo
What are you considering?
Gestational Surrogacy
Gestational Surrogacy is a process where one person, who did not provide the egg used in conception, carries a fetus through pregnancy and gives birth to a baby for another person or couple. The person who carries the fetus is called a “Surrogate” or “Gestational Carrier.” The person or couple who are seeking to parent the baby or babies are called the “Intended Parent(s).”
Traditional Surrogacy
Traditional Surrogacy refers to the method of family building where a woman agrees to be the egg donor and the surrogate for an Intended Parent or Parents. This means that she is genetically related to the child she is carrying for another person or couple. Here, the Surrogate is artificially inseminated with the sperm of the Intended Father or a Donor.
Sperm Donation
Most Intended Parents use sperm banks (cryobanks) to find a donor. Traditionally, this process was treated as anonymous. However, due to at-home DNA testing and widespread availability of information on the Internet, truly anonymous donations are no longer a guarantee. Now many cyrobanks offer donors who are currently unidentified but who are willing to be identified and known when the child becomes an adult. Options for working with an identified sperm donor are also available.
Embryo Donation
Sometimes, in vitro fertilization (IVF) patients have cryopreserved embryos they wish to donate to someone else for reproduction after they’ve completed their family. Intended Parents may find embryos for donation through their fertility center, online communities, connections within their own circle of friends and family, or embryo donation centers.