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In re C.K.G. | 173 S.W.3d 714 (Tenn. 2005)

Assisted reproductive technology has transformed motherhood. In the past, the woman who gestated, or carried, a child was also necessarily the child’s genetic mother. Now, through technological advances, multiple women can fill the genetic and gestational roles. Through egg donation, one woman can provide the genes to the child while another woman carries the child to term. In re C K G demonstrates how the law struggles to catch up with advances in reproductive technology.

After meeting as hospital coworkers, Charles and Cindy entered a long term relationship. They remained unmarried but decided to have children using in vitro fertilization. The couple planned to parent the children as father and mother. At the fertility clinic, Cindy signed an agreement formalizing her intent to be the mother of any child born from the procedure.

An anonymous donor, who had waived her parental rights, provided two eggs. The eggs were fertilized with Charles’s sperm and inserted into Cindy’s uterus. One of the eggs divided, and Cindy gave birth to triplets, including C K G, in February of two thousand one.

Over the next year, Charles and Cindy’s relationship soured. Cindy petitioned to be recognized as the triplets’ legal mother. She also sought custody and child support. Charles argued that Cindy couldn’t be the children’s legal mother because she didn’t share a genetic connection with them. The juvenile court held that Cindy was the children’s legal mother, designated her as primary custodial parent, and awarded child support. The court of appeals affirmed. Charles appealed to the Tennessee Supreme Court.

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