Insemination Statute Repeal (SB 1153 / HB 1406)

BILL SUMMARY

Also known as the Insemination Statute Repeal, this bill repeals the statute that deems a child born to a married woman as a result of artificial insemination, with the consent of the married woman’s husband, to be the legitimate child of the husband and wife.

BILL ANALYSIS

This statute is unnecessary because the Tennessee Code already provides for a presumption of paternity when a child is born to a married husband and wife. In addition, the state’s attorney general has said that the law is unconstitutional after Obergefell v. Hodges. This statute is being used by private litigants as a legal basis for arguing that it is now unconstitutional for the state to define motherhood and fatherhood in relation to biological considerations and procreation.

BILL SPONSORS

Hensley in the Senate, Weaver in the House

TRACK THIS BILL

Full Text: Senate Bill / House Bill

BILL STATUS

No action taken in the House or Senate.

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