In re Baby

Facts

In 2010, L.G. (the Intended Father) and A.T. (the Intended Mother), both citizens of Italy, engaged a surrogacy agency in the United States after discovering they were biologically incapable of having a child together. They connected with J.J.E. (the Surrogate) and her husband, both Tennessee residents. The parties entered into a traditional surrogacy contract in July 2010, with each couple represented by legal counsel. The contract provided for the Surrogate to be artificially inseminated with the Intended Father’s sperm and, upon successful pregnancy, to relinquish the child to the Intended Parents at birth. The Intended Parents paid approximately $42,000 for medical and legal fees and $31,000 for pain, suffering, and other pregnancy-related expenses. Two months before the child’s birth, all parties jointly petitioned the juvenile court to declare paternity, ratify the surrogacy agreement, and direct issuance of a birth certificate. A juvenile court magistrate issued a consent order terminating the Surrogate’s parental rights and declaring the child to be the lawful child of the Intended Father. After the child’s birth in January 2012, the Surrogate, who had been breastfeeding the child for several days, obtained new counsel and filed motions to vacate the prior order, claiming the surrogacy arrangement was invalid because the Intended Parents were not married at the time of the contract.