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In re Baby

Supreme Court of Tennessee
447 S.W.3d 807 (2014)


Facts

J.J.E. (plaintiff) entered into a surrogacy contract with L.G. and A.T. (intended parents) (defendants) whereby J.J.E. agreed to be artificially inseminated with genetic material from L.G. and to relinquish the child at birth to the intended parents. Over the course of the pregnancy, the intended parents paid J.J.E. nearly $73,000 in medical and legal fees and other expenses related to the pregnancy and birth. Prior to the child’s birth, J.J.E. and the intended parents filed a joint petition for a declaratory judgment granting paternity and custody of the child to the intended parents and terminating the parental rights of J.J.E. The juvenile court granted the parties’ petition. Shortly after the birth of the child, J.J.E. filed motions to vacate the prior consent order, to set aside the surrogacy contract, and to award J.J.E. custody of the child. The juvenile court denied J.J.E.’s motions. J.J.E. appealed. The court of appeals affirmed. The Supreme Court of Tennessee granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Wade, C.J.)

Concurrence (Koch, J.)

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