Sasha Crystal Davis v. Kaitlyn Reilly (Tenn. R. App. P. 10(a),(d))

Style: Sasha Crystal Davis v. Kaitlyn Reilly

TSC Docket Number: E2023-01250-SC-R10-CV

Permission to Appeal Granted: January 24, 2024 (granted under TRAP 10)

Case Resolved By Order:  January 24, 2024.

Opinion of the TSC:  file:///C:/Users/jday/Downloads/1298244%20(1).pdf

TSC Summary of the Opinion:  This extraordinary appeal under Tennessee Rule of Appellate Procedure 10 arises from a trial court’s order relying on the artificial insemination statute, Tennessee Code Annotated section 68-3-306 (2023), to establish parentage of a child born to a married same-sex couple but conceived through sexual intercourse with a third party. The artificial insemination statute provides that “[a] child born to a married woman as a result of artificial insemination, with consent of the married woman’s [spouse], is deemed to be the legitimate child of” both spouses. Id. We grant the application for review under Rule 10 and dispense with filing the record and with additional briefing and oral argument. Tenn. R. App. P. 10(a), (d). As explained more fully below, we hold that the artificial insemination statute does not provide a legal basis for establishing parentage in these particular circumstances. We therefore vacate the trial court’s decision and remand this matter to the trial court for further proceedings.