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Jelly Roll & Bunnie XO Embryo Custody: TN Divorce Law Explained

Bunnie XO confirms a baby with Jelly Roll after divorce, citing 4 lost embryos. What Tennessee law says about embryo custody and co-parenting in 2026.

By Antonio G. Jimenez, Esq.Tennessee5 min read

Bunnie XO confirmed on the June 18, 2026 episode of her Dumb Blonde podcast that she and Jelly Roll will still have a child together after their divorce, despite a fertility journey that lost four embryos. In Tennessee, frozen embryos are not treated as ordinary marital property, so divorcing couples must decide their fate by contract — making the couple's settlement agreement the controlling legal document.

Key Facts

DetailSummary
What happenedBunnie XO confirmed she and Jelly Roll plan to have a baby together despite divorcing
WhenAnnounced on the June 18, 2026 Dumb Blonde podcast episode titled "The Divorce"
WhereTennessee (the couple's three-house compound is in the Nashville area)
Who's affectedCouples with frozen embryos, post-divorce co-parents, assisted-reproduction families
Key legal authorityTenn. Code § 36-4-121 (property division); Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992)
ImpactHighlights that embryo disposition and post-divorce parenting must be settled by written agreement, not litigated as assets

According to Yahoo Entertainment / E! News, Bunnie XO disclosed that the couple endured the loss of four embryos and that, per their settlement, she keeps the three-house Tennessee compound where she intends to raise the child. While we never comment on the private legal strategy of people in real cases, the situation raises three issues Tennessee families face every day: who controls frozen embryos after divorce, how post-divorce co-parenting agreements work, and what happens when a child is conceived after a marriage ends.

Why this matters legally

This situation underscores a settled principle: in Tennessee, frozen embryos are governed primarily by the couple's own written agreement, not by a court dividing them like a bank account. Tennessee is the birthplace of American embryo-disposition law. In the landmark 1992 case Davis v. Davis, 842 S.W.2d 588, the Tennessee Supreme Court held that frozen embryos occupy "an interim category" — neither persons nor property — and that disputes should be resolved first by any prior agreement between the parties. That 34-year-old precedent still controls today.

When no agreement exists, Davis directs courts to weigh the parties' competing interests, generally favoring the party who wishes to avoid procreation unless the other has no reasonable alternative to achieve parenthood. The practical lesson is definitive: couples who address embryos in a written settlement keep control of the outcome, while those who don't hand that decision to a judge. A child conceived after divorce introduces a separate set of parentage, support, and custody questions that existing Tennessee statutes are still adapting to address.

How Tennessee law handles this

Tennessee law resolves these questions through a combination of case law, statute, and the parties' own contracts. Under Tenn. Code § 36-4-121, courts equitably divide marital property, but Davis v. Davis carved frozen embryos out of that ordinary framework, treating disposition agreements as binding. A settlement that assigns the embryos and the marital home — here, the reported three-house compound — therefore carries significant legal weight.

Parenting arrangements for any resulting child fall under Tenn. Code § 36-6-106, which lists the factors courts use to determine a child's best interests, and require a permanent parenting plan under Tenn. Code § 36-6-404. Child support is calculated using the Tennessee Income Shares Guidelines under Tenn. Code § 36-5-101, which apply regardless of whether the parents are married. For assisted reproduction, Tenn. Code § 68-3-306 addresses parentage of a child born through artificial insemination. Together, these provisions mean a post-divorce child can be born into a fully defined legal framework — but only if the parents document their intentions in advance.

Practical takeaways

  1. Put embryo disposition in writing before treatment. Most Tennessee fertility clinics require a consent and disposition agreement specifying what happens to embryos in the event of divorce, death, or disagreement. Under Davis v. Davis (1992), that document is the first thing a court will enforce.

  2. Address embryos directly in your divorce settlement. Do not let frozen embryos fall through the cracks of a property settlement. Specify who has the right to use, donate, or discard them, and whether the non-using party retains any parental rights or support obligations.

  3. Use a written co-parenting agreement for any post-divorce child. Even when parents are cooperative, Tennessee requires a permanent parenting plan under Tenn. Code § 36-6-404. Define decision-making, residential schedules, and dispute resolution in advance.

  4. Clarify support obligations early. Child support under Tenn. Code § 36-5-101 applies to children born after divorce just as it does to children of the marriage. Agreeing on support terms reduces conflict later.

  5. Confirm legal parentage for assisted reproduction. If conception involves a donor, surrogate, or other third party, consult an attorney about Tenn. Code § 68-3-306 and any required parentage orders so the child's legal parents are clearly established.

  6. Revisit your estate plan. A child conceived after divorce affects wills, beneficiary designations, and guardianship provisions. Update these documents to reflect your current family structure.

Stories like this one are a useful reminder that modern families don't always fit neatly into older legal categories — and that thoughtful planning protects everyone, especially the children. If you're navigating divorce, embryo disposition, or co-parenting questions in Tennessee, a local family law attorney can help you turn your intentions into enforceable agreements. You can use our directory to find an attorney serving your county.

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.

Key Questions

Who gets frozen embryos in a Tennessee divorce?

In Tennessee, frozen embryos are governed by the couple's written agreement, not divided like property. Under Davis v. Davis (842 S.W.2d 588, 1992), courts enforce any prior disposition agreement first; absent one, they weigh competing interests, usually favoring the party who wishes to avoid procreation.

Can you have a child with an ex-spouse after divorce in Tennessee?

Yes. Tennessee law does not prohibit former spouses from conceiving a child after divorce. However, any resulting child triggers parentage, child support under Tenn. Code § 36-5-101, and a permanent parenting plan under Tenn. Code § 36-6-404, ideally settled by written agreement beforehand.

Are frozen embryos considered property in Tennessee?

No. In Davis v. Davis (1992), the Tennessee Supreme Court ruled embryos occupy an "interim category" — neither persons nor property. This means they are not divided under the equitable distribution statute, Tenn. Code § 36-4-121, like a typical marital asset.

Do I owe child support for a baby born after my divorce?

Yes. Tennessee child support under Tenn. Code § 36-5-101 applies to any child you are the legal parent of, regardless of whether the child was born during or after the marriage. Support is calculated using the state's Income Shares Guidelines.

What is a permanent parenting plan in Tennessee?

A permanent parenting plan, required by Tenn. Code § 36-6-404, is a court-approved document that sets each parent's residential schedule, decision-making authority, and dispute-resolution process. Tennessee requires one in every case involving minor children, including children born after a divorce.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Tennessee divorce law