Days after their divorce was finalized on July 17, 2026, Bunnie Xo announced on her 'Dumb Blonde' podcast that she and Jelly Roll still plan to have a child together via surrogate. In Tennessee, a child conceived after a divorce is legally treated as a child born outside marriage — meaning parentage, custody, and child support must be established through a separate legal process, not the divorce decree.
The couple's plan is unusual but not unheard of. Their divorce reportedly included no alimony, which is common when both spouses have independent income. What makes this story legally novel is the deliberate decision to conceive a shared child after the marriage is legally over. According to UNILAD, citing Bunnie Xo's own podcast remarks, the surrogacy plan remains on the table despite the finalized split.
Key Facts
| Detail | Information |
|---|---|
| What happened | Bunnie Xo confirmed she and Jelly Roll still plan a child via surrogate after divorce |
| When | Divorce finalized July 17, 2026; surrogacy plan revealed days later |
| Where | Tennessee (couple's home state) |
| Who's affected | Divorced couples pursuing post-decree shared children; surrogacy participants |
| Key statute | Tenn. Code Ann. § 36-2-304 (presumption of parentage); § 36-5-101 (child support) |
| Impact | A post-divorce child is not covered by the divorce decree; separate parentage and support orders are required |
Why this matters legally
A divorce decree only governs the marriage and any children who exist at the time of the judgment. A child conceived after the divorce is legally outside that decree entirely. This distinction changes everything about how Tennessee courts would treat a child that Jelly Roll and Bunnie Xo have via surrogate after their July 17 split.
Because the couple would no longer be married when the child is conceived and born, Tennessee's marital presumption of paternity does not apply automatically. Under Tenn. Code Ann. § 36-2-304, a man is presumed to be the father of a child born during a marriage or within 300 days of its termination. A surrogate birth occurring well after the divorce falls outside that window, so parentage would need to be established voluntarily or through a court order. This is a critical point that separates their situation from a typical no-fault divorce where all children are addressed in the original judgment.
How Tennessee law handles this
Tennessee treats surrogacy and post-divorce parentage through a combination of statutes rather than one comprehensive surrogacy code. Under Tenn. Code Ann. § 36-2-304, the presumption of parentage attaches only within 300 days of a marriage ending — roughly a 10-month window. Any child conceived after that period requires an independent legal path to establish who the legal parents are.
Tennessee recognizes surrogacy contracts, and Tenn. Code Ann. § 36-1-102 references surrogate birth arrangements within its adoption and parentage framework. Intended parents typically secure their rights through a pre-birth or post-birth parentage order. For a divorced couple, both former spouses would need to be named as intended parents in the surrogacy agreement and the resulting court order to establish shared legal parentage.
Child support is governed separately by Tenn. Code Ann. § 36-5-101 and the Tennessee Child Support Guidelines. Support obligations for a post-divorce child would be calculated fresh, based on each parent's income and the parenting time arrangement — completely independent of the finalized divorce, which reportedly included no alimony. The absence of alimony in the divorce has no bearing on future child support, because child support is the right of the child, not the parent, and cannot be waived by prior agreement. Parents considering the financial side can use our post-divorce budget calculator to model these obligations.
Custody and parenting arrangements for a post-divorce child would also require a new parenting plan filed with the court. Tennessee courts apply the best-interest-of-the-child standard under Tenn. Code Ann. § 36-6-106 to every custody determination, including one for a child born to already-divorced parents. The prior divorce decree would provide no framework; the court would build a parenting plan from scratch.
Practical takeaways
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Establish parentage in writing before conception. Because Tennessee's marital presumption under Tenn. Code Ann. § 36-2-304 will not apply, both intended parents should be named in a surrogacy agreement and secure a court parentage order to avoid future disputes.
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Understand that child support cannot be waived in advance. Under Tenn. Code Ann. § 36-5-101, support is calculated based on income and parenting time at the time of the order — a prior no-alimony divorce settlement does not reduce or eliminate it.
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File a separate parenting plan. A post-divorce child needs a fresh custody order under the best-interest standard in Tenn. Code Ann. § 36-6-106; the original divorce decree offers no coverage.
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Address financial disclosure and asset questions early. If the child's existence affects estate planning, insurance, or property, revisit those documents. Our overview of property division explains how post-decree life changes can intersect with earlier settlements.
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Consult an attorney experienced in assisted reproduction. Surrogacy law is nuanced, and pairing it with a completed divorce creates layered questions best handled by counsel. A personalized divorce roadmap can help map your next steps before you talk to a lawyer.
Stories like this one are a reminder that a finalized divorce is not always the end of a couple's shared legal obligations. If you are navigating co-parenting, surrogacy, or support questions after a divorce in Tennessee, it may help to speak with a qualified professional. You can find a divorce attorney in your area to discuss your specific circumstances.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.