Surrogate Tennessee mom has rights to child restored
NASHVILLE, Tenn. (AP) — The Tennessee Supreme Court has ruled a juvenile judge was wrong to terminate the rights of a surrogate mother before the baby was born.
According to the court, a Tennessee woman agreed to be artificially inseminated by an Italian man after that man and his girlfriend learned they could not have children.
A juvenile judge awarded custody to the Italian father and terminated the surrogate mother's rights. After the baby was born, however, the surrogate mother moved to regain custody.
The Supreme Court ruled on Thursday that Tennessee law does not allow termination of parental rights before a child is born. While custody remains with the Italian father, the court remanded the case to the juvenile court to determine issues of visitation and child support.
The court also recommended the Legislature enact statutes that spell out a process for creating and enforcing surrogacy agreements.