Traditional Surrogacy is also now referred to as Genetic Surrogacy.  This is when a woman conceives with her own egg, through artificial insemination, and carries and delivers the baby with the intention that another person or persons will parent the child.

Traditional Surrogacy is not forbidden in Tennessee, but there is no statute allowing it and it is potentially fraught with danger. Tennessee has one case which sets precedent for how parentage in a traditional surrogacy is established. That case says that the traditional surrogate—the genetic and birthing mother—may only have her parental rights terminated if she voluntarily surrenders her parental rights after the birth as part of an adoption. Therefore, the Intended Parents cannot secure their legal parentage unless the traditional surrogate willingly gives up her parental rights. The traditional surrogate cannot be forced to surrender her rights and up until the adoption decree is signed by a judge, she can change her mind and keep partial custody of the child.

This is significant enough to discourage many people from using a traditional surrogate.

If she decides to not terminate her rights, her rights can only be terminated if she abandons the child or is ruled to be an unfit parent. This is a very high hurdle. If her rights aren’t terminated, she could be awarded custody of the child and the Intended and Genetic Father could end up paying child support and sharing parenting responsibilities with her.