In Re Baby

447 S.W.3d 807 (2014)

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Nature of the Case

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Facts

L.G. (F) and A.T. (M) both of whom are citizens of Italy, engaged the services of a surrogacy agency in the United States after discovering that they were biologically incapable of having a child together. M and F had been in a relationship for some time but had not married because they were waiting for the Catholic Church to approve the annulment of M's previous marriage. The surrogacy agency arranged for M and F to contact J.J.E. (S), the surrogate, and her husband, J.M.M. (SH), both Tennessee residents. The parties negotiated the terms. They entered into a contract that provided for S to be artificially inseminated by the sperm of F, and, in the event of a successful pregnancy, to relinquish the child to the custody of M and F at the time of birth. The contract required payment to S for her pain and suffering, a portion of her legal fees, all medical expenses associated with the pregnancy not covered by insurance, and various other expenses, such as lost wages, transportation costs, housing costs, and maternity clothes. M and F paid S approximately $42,000 to cover her medical and legal fees, and some $31,000 for pain, suffering, and other expenses related to the pregnancy and birth. Two months prior to the birth of the child, all the parties jointly filed a 'Petition to Declare Parentage, to Ratify Surrogacy Agreement, and to Direct Issuance of Birth Certificate' in the Juvenile Court for Davidson County. In the petition, the Surrogate and her husband 'affirm[ed] that neither of them [was] an Intended Parent of the child,' and that they had 'explicitly waived any parental rights they might theoretically have to the child in the parties' Agreement.' The petition was signed by the attorney representing the Intended Parents. Both the Surrogate and her husband signed as 'Pro se Co-Petitioners.' Seventeen days prior to the birth of the child, a juvenile court magistrate (the 'Magistrate') issued an order approved by all parties (the 'Consent Order'), which 'forever terminated' the 'rights and responsibilities that the [Surrogate and her husband] might theoretically claim with regard to the child, if any,' and further declared the child to be 'the lawful child of' the Intended Father, and that the Intended Parents be entitled to 'full legal and physical custody of the child immediately upon birth.' S gave birth to a girl, J.M.G. (Child). S kept and nursed the Child, and F assisted daily in the care of the Child. S decided to keep the child and filed motions to amend the consent order. S’ motions were denied. S appealed to the juvenile court, which affirmed the Magistrate's rulings. The Court of Appeals affirmed the judgment of the juvenile court. S appealed.