Same-Sex Couple
How are same-sex parents named on the final birth certificate? Father and Father; Mother and Mother. The Department of Health marks out the term that mis-genders the parent and types in the correct term. The marked-out term and the correct term remain on the birth certificate.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes.
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes. Subsequent to the birth, an unmarried man can get the initial birth certificate amended to remove the Gestational Carrier’s name and to replace her name with “None” or “Unknown.” A couple can get the initial birth certificate amended to replace her name with the name of the non-genetic father only after a stepparent adoption is completed in their home state or in Tennessee.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father only? No. Initially, only the Gestational Carrier will be named, but Vital Records will amend it to remove the Gestational Carrier’s name, in compliance with a Court Order.
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Tennessee (i.e., neither of the Intended Parents lives in Tennessee)? Yes. In the proceeding for the Order of Parentage, the non-genetic parent is awarded a partial guardianship over the child. The Court that awarded the guardianship can then hear and award the adoption. This is the sole exception in Tennessee adoption laws to the residency requirement. Some parents want to go home and get their adoption done there. Tennessee Vital Records will honor the adoption from a foreign state for a married couple and will prepare a new birth certificate showing both of them as the sole legal parents.
Second Parent & Stepparent Adoptions for Tennessee Residents
Note: This situation typically arises if the child is born outside the state. The parents then return to Tennessee to obtain a second parent adoption or stepparent adoption in Tennessee.
Will courts in Tennessee grant stepparent adoptions to heterosexual couples living in Tennessee? Yes.
Does the couple need to be married? Yes.
Will courts in Tennessee grant stepparent adoptions to same-sex couples living in Tennessee? Yes.
Does the couple need to be married? Yes.