Tennessee Code Annotated
Tenn. Code Ann. § 36-1-109 (2026)
Illegal payments in connection with placement of child - Penalty
✓ current as of May 2026
- (a) It is unlawful for any person, corporation, agency, or other entity other than the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102, that is subject to regulation by the department to:
- (1)
- (A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law;
- (B)
- (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for:
- (a) Hospital or medical services for the birth of the child;
- (b) Medical care and other reasonable birth-related expenses for the mother or child;
- (c) Counseling fees for the parents or prospective adoptive parents or child;
- (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or
- (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child.
- (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i).
- (iii) Expenses must be incurred directly in connection with:
- (a) Maternity, birth, or placement of the child for adoption;
- (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or
- (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child.
- (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made.
- (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods.
- (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for:
- (2) Sell or surrender a child to another person for money or anything of value; and it is unlawful for any person to receive such minor child for such payment of money or thing of value; provided, that nothing herein shall be construed as prohibiting any person who is contemplating adopting a child not yet born or surrendered or for whom a parental consent may be given from payment of the expenses set forth in subdivision (a)(1)(B);
- (3) Having the rights and duties of a parent or guardian with respect to the care and custody of a minor child, assign or transfer such parental or guardianship rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties for money or anything of value; or
- (4) Assist in the commission of any acts prohibited in subdivision (a)(1), (a)(2), or (a)(3).
- (1)
- (b) A violation of this section is a Class C felony.
- (c) Any adoption completed before March 27, 1978, shall not be affected by this section.
Amended by 2024 Tenn. Acts, ch. 996,s 6, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 263, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 1, eff. 7/1/2023.
Acts 1978, ch. 704, § 2; T.C.A., § 36-136; Acts 1992, ch. 1019, § 1; T.C.A., § 36-1-135; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 19; 2003 , ch. 231, § 6.
Notes of Decisions
Cited in 5
cases, 1997–2014 · leading case: In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
In Re Baby (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
Linda Diane Stutz v. David Larry Stutz (Tenn. Ct. App. 2005). “Stutz counters that the postnuptial agreement does not violate public policy in that Tenn. Code Ann. § 36-1-109 regarding illegal payments in connection with placement of a child for adoption does not apply to the situation before the court.”
Amanda Carol Croslin & Phyllis Croslin Baker v. Danny Keith Croslin, wife Betty Jean Croslin & Stanley Gardner Haskins (Tenn. Ct. App. 1997). “T.C.A. § 36-1-109 (1991)4 provides: 36-1-109.”
In Re: The Adoption of A.E., E.E., & E.E. (Tenn. Ct. App. 2008). “Father alleges that this is a class C felony pursuant to Tennessee Code Annotated § 36-1-109(a)(2) because the parties were exchanging the surrender for something of value.”
— Tenn. Code Ann. § 36-1-109(a)(1) — 2 cases
In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
In Re Baby (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
— Tenn. Code Ann. § 36-1-109(a)(1)(B)(i) — 2 cases
In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
In Re Baby (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
— Tenn. Code Ann. § 36-1-109(a)(2) — 1 case
In Re: The Adoption of A.E., E.E., & E.E. (Tenn. Ct. App. 2008). “Father alleges that this is a class C felony pursuant to Tennessee Code Annotated § 36-1-109(a)(2) because the parties were exchanging the surrender for something of value.”
— Tenn. Code Ann. § 36-1-109(b) — 2 cases
In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
In Re Baby (Tenn. 2014). “See Tenn. Code Ann. § 36-1-109 (a)(2). Although sections 36-1-108 and -109 do not preclude the enforcement of traditional surrogacy contracts, they do impose certain limitations as to the types of compensation that are permissible in such contracts.”
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