In Re Baby et al. - Concur

This case of first impression regarding the enforceability of an international traditional surrogacy contract will have far-reaching ramifications both in Tennessee and beyond. While I concur, in general terms, with the Court’s disposition of this particular case, I have chosen to write separately because I cannot concur with the Court’s conclusion that “traditional surrogacy contracts do not violate public policy as a general rule.” While the surrogate in this case may not have succeeded in demonstrating that this particular traditional surrogacy contract is unenforceable as against public policy, this case is not an appropriate vehicle for this Court to broadly declare that traditional surrogacy agreements, or any other surrogacy agreement for that matter, are consistent with Tennessee’s public policy.