Own Genetics:

If you and your partner are using your own genetics and a Gestational Carrier, then a typical journey through Tennessee’s legal system will look like this:

1. Gestational Carrier Agreement-After you have been matched or found a Gestational Carrier, you and your attorney, and she and her attorney, will go back and forth and discuss the terms of your surrogacy arrangement until an agreement is reached.
2. Legal Clearance Letter-After the Gestational Carrier Agreement is signed, one of the attorneys will write a letter to the fertility clinic, and then you and your surrogate can start tiling steps to become pregnant!
3. Pre-Birth Order-After your Gestational Carrier becomes pregnant, we will work with you and your surrogate to create a legal document which spells out that you two are the genetic parents and that your surrogate is not genetically related to the child. We will seek this Order before your Carrier gives birth.
4. Delivery-When it comes time for your Gestational Carrier to deliver, we will have sent the Pre-Birth Order to the State for approval, and we will alert the hospital to your arrival. Once your baby is born, you both will go on the birth certificate and get to take your baby home from the hospital. This is where your legal journey will end and your lives as parents to a newborn will begin!

Egg Donor Genetics:

Intended Parents may need to use donated eggs in order to create a viable embryo. However, in Tennessee, if the Intended Parents are using donated eggs and a Gestational Carrier, than the sperm must come from the Intended Father or one of the Intended Fathers. The embryo must be genetically related to at least one of the Intended Parents in order to use a Gestational Carrier in Tennessee. If the Intended Parents are using a donated egg, then their surrogacy journey will look like this:

1. Gestational Carrier Agreement—After the Intended Parents have been matched or found a Gestational Carrier, the Intended Parents and their attorney, and the Gestational Carrier and her attorney, will go back and forth and discuss the terms of the arrangement until an Agreement is reached.

2. Legal Clearance Letter—After the Gestational Carrier Agreement is signed, one of the attorneys will write a letter to the fertility clinic, and then the Intended Parents and the Gestational Carrier can start taking steps to become pregnant!

3. Pre-Birth Order—After the Gestational Carrier becomes pregnant, we will work the Intended Parents and the Gestational Carrier to create a legal document that identifies the genetic parent as the legal parent and the non-genetic parent as the guardian. This document will also establish that the Gestational Carrier has no genetic connection to the child she is carrying and she does not want any parental rights.

4. Delivery—When it comes times for the Gestational Carrier to deliver, we will have sent the Pre-Birth Order to Vital Records for approval. Due to Tennessee Law, only the genetic parent is allowed to go on the initial birth certificate. We will correct this in the next step so that both Intended Parents are on the final birth certificate. The Intended Parents will be able to leave the hospital with the newborn.

5. Related Parent Adoption—After we get the Pre-Birth Order and before the child is born, we will work with the Intended Parents and the Gestational Carrier to prepare Related Parent Adoption documents. The Intended Parents will have these documents in their hospital bag. After the baby is born, the Intended Parents and the Gestational Carrier will sign the Adoption documents in the hospital. These documents establish the non-genetic parent’s parental relationship with the child and removes the Gestational Carrier from the initial birth certificate. We file these documents immediately after the birth to get the non-genetic parent’s rights established as soon as possible. Once the amended Birth Certificate is secured, the Intended Parents legal journey will end and their lives as new parents will begin!

Egg Donor Genetics SINGLE FATHER (DONOR EGG):

1. Gestational Carrier Agreement—After the Intended Father has been matched or found a Gestational Carrier, the Intended Father and his attorney, and the Gestational Carrier and her attorney, will go back and forth and discuss the terms of the arrangement until an Agreement is reached.
2. Legal Clearance Letter—After the Gestational Carrier Agreement is signed, one of the attorneys will write a letter to the fertility clinic, and then the Intended Father and the Gestational Carrier can start taking steps to become pregnant!”
3. Pre-Birth Order and Dis-Establishment of Parentage—After the Gestational Carrier becomes pregnant, we will work with the Intended Father and the Gestational Carrier to create a legal document which establishes the legal parentage of the genetic father, establishes that the Gestational Carrier is not genetically related to the child she is carrying, and dis-establishes the Gestational Carrier as having any presumed parental rights. This allows only the Intended Father to be listed on the birth certificate and lists the “mother” as “Unknown.” The Intended Father will be able to leave the hospital with the newborn. This is where his legal journey will end and his life as a new parent begins!