In re C.K.G.

Supreme Court of Tennessee, at Nashville · 2005 · Family Law

Family LawParentageMaternityAssisted ReproductionCustodyChild Supportassisted reproductionegg donation

Facts

Charles and Cindy, an unmarried couple, agreed to have a child together using anonymously donated eggs fertilized with Charles's sperm and implanted in Cindy's uterus. Before the procedure, they signed a fertility-center consent stating that although Cindy would have no genetic connection, she would be the mother of any child born to her and would accept all legal responsibilities of parenthood. Cindy became pregnant with triplets, carried them to term, and gave birth; the birth certificates listed Charles as father and Cindy as mother, and the parties initially raised the children together. After their relationship deteriorated, Cindy sought custody and support, and Charles argued that because Cindy lacked a genetic connection she was not a parent under Tennessee law.

Issue

When an unmarried couple uses anonymous donor eggs fertilized with the man's sperm and implanted in the woman's uterus, and the woman carries and gives birth to the children but has no genetic connection to them, is that woman the children's legal mother under Tennessee law? Relatedly, if she is a legal parent, should the custody, visitation, and child-support rulings stand?

Rule

Tennessee's parentage and related statutes do not expressly control this assisted-reproduction maternity dispute. In the narrow circumstance where, before birth, the gestator and genetic father both voluntarily intended that the gestator would be the children's legal mother and that she would assume both parental rights and responsibilities, where the gestator became pregnant, carried the children to term, and gave birth to them as her own, and where there is no competing claim between the gestator and a female genetic progenitor or intended mother, the gestator may be recognized as the children's legal mother with full parental rights and responsibilities.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Memphis, Nora Ellison and Daniel Price were an unmarried couple who decided to have a child together using anonymously donated eggs fertilized with Daniel's sperm. Before implantation, both signed forms at Riverbend Fertility Group stating that Nora would be the child's mother and would assume all legal rights and responsibilities; Nora later carried the pregnancy to term and gave birth, and no donor or other woman asserted any claim to maternity.

If Daniel later argues that Nora is not a legal parent because she lacks a genetic connection to the child, how should a Tennessee court most likely rule under the majority's approach?

Explanation. The majority adopted a narrow rule for this specific assisted-reproduction scenario. A gestator may be recognized as the legal mother when, before birth, both she and the genetic father voluntarily intended that she would be the legal mother and assume parental rights and responsibilities, she carried the child to term and gave birth, and there is no dispute with a genetic mother or other intended mother. The court did not require marriage, adoption, or estoppel. (Derived from In re C.K.G. (n.d.).)