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In re Baby

Supreme Court of Tennessee

447 S.W.3d 807 (2014)

Relevant factsFree

Surrogate J.J.E. (plaintiff) agreed to be artificially inseminated with intended father L.G.'s genetic material and relinquish the resulting child to intended parents L.G. and A.T. (defendants), who paid J.J.E. nearly $73,000 in related expenses; before the child's birth, the parties jointly petitioned for a declaratory judgment granting the intended parents paternity and custody and terminating J.J.E.'s parental rights, which the juvenile court granted. Shortly after birth, J.J.E. moved to vacate that consent order and the underlying surrogacy contract and sought custody herself; the juvenile court and court of appeals both denied her motions, and the Tennessee Supreme Court granted review.

IssueFree

Whether, under state law, a biological birth mother, including a surrogate, may use a contract to avoid attaining legal parent status or to negate her parental status before the child's birth.

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