Country star Jelly Roll (Jason DeFord) filed for divorce from Bunnie Xo (Alisa DeFord) on May 18, 2026 in Williamson County, Tennessee, citing irreconcilable differences after nearly 10 years together. In July follow-up interviews, the pair confirmed they will still proceed with a planned surrogate pregnancy and co-parent the child — an unusual arrangement that raises serious Tennessee parentage questions.
Key Facts
| Detail | Information |
|---|---|
| What happened | Jelly Roll filed for divorce from Bunnie Xo; couple confirms they will still have a surrogate baby and co-parent |
| When filed | May 18, 2026 |
| Where | Williamson County Chancery Court, Tennessee |
| Grounds cited | Irreconcilable differences (no-fault) |
| Who's affected | The couple, a future child via surrogacy, and any parentage determination |
| Key legal issue | Tennessee has no comprehensive surrogacy statute; parentage of a post-separation child is legally uncertain |
Why this matters legally
A child conceived via surrogate after a divorce filing creates one of the most legally complex situations in Tennessee family law, because Tennessee has no comprehensive statute governing surrogacy agreements. When a couple decides to proceed with a planned surrogate pregnancy after filing for divorce, the resulting child's legal parentage, custody, and support obligations must be established through separate legal processes rather than presumed by marriage. This reporting comes from E! News, where Bunnie Xo clarified that the split was not mutual on her end but that the couple remains committed to raising a child together. In Tennessee, the marital presumption of parentage under Tenn. Code § 36-2-304 generally applies to children born during marriage — but a child conceived and born after a divorce is finalized would fall outside that presumption entirely.
How Tennessee law handles this
Tennessee courts determine child custody and parentage for children of unmarried co-parents through the same best-interests framework applied in divorce, but the legal path to establishing parentage differs sharply. Tennessee's divorce process under Tenn. Code § 36-4-101 lists irreconcilable differences as a valid no-fault ground, which is what Jelly Roll cited. For couples with children, Tennessee requires a permanent parenting plan under Tenn. Code § 36-6-404 that allocates residential time and decision-making responsibility. However, that requirement attaches to children of the marriage — not to a child conceived intentionally after the marriage ends.
Surrogacy adds a distinct layer. Tennessee statute references "surrogate birth" only narrowly in Tenn. Code § 36-1-102, which defines the term in the adoption context, and case law has treated surrogacy agreements as generally enforceable so long as they do not violate public policy. When intended parents are no longer married, they typically must establish parentage through a voluntary acknowledgment, a parentage petition, or a pre-birth or post-birth order — and then negotiate a co-parenting arrangement that a court can review under the child's best interests. Understanding parenting plans becomes essential in exactly this scenario, because the plan is the instrument that turns an informal co-parenting promise into an enforceable order.
Child support also follows the child, not the marriage. Under Tennessee's Child Support Guidelines, both legal parents owe a support obligation calculated from combined income and parenting time regardless of marital status. A co-parenting couple who never marries — or who divorces before the child arrives — still generates a support calculation once parentage is legally established. Parents can estimate residential-time splits using our Tennessee parenting time calculator to see how time-sharing affects the eventual support figure.
Practical takeaways
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Establish parentage in writing before the child arrives. If you plan to co-parent a surrogate child after separating, do not rely on the marital presumption — it likely will not apply. Pursue a parentage order or voluntary acknowledgment so both adults are legally recognized parents.
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Get a co-parenting agreement reviewed by a court. An informal promise to "raise the child together" carries no enforceable weight. A permanent parenting plan approved by a Tennessee court is what protects both parents' time and decision-making rights.
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Understand that support follows parentage, not marriage. Once both adults are legal parents, Tennessee's guidelines produce a support obligation. Model different scenarios with our Tennessee divorce cost estimator and parenting-time tools before finalizing anything.
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Confirm the surrogacy agreement's terms are current. If a surrogacy contract was signed while the couple was married and filing intentions later change, the agreement should be reviewed to ensure it still reflects both parties' intent and complies with Tennessee public policy.
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Separate the emotional narrative from the legal record. Public statements about whether a split was "mutual" have no bearing on a Tennessee no-fault divorce filed under Tenn. Code § 36-4-101. Irreconcilable differences requires no proof of fault by either spouse.
Divorcing couples who plan to co-parent — whether through surrogacy, adoption, or an existing child — benefit from mapping their next steps early. If you are navigating a similar situation, a personalized divorce roadmap can help you understand the sequence of legal decisions ahead, and you can find a Tennessee divorce attorney to address parentage and parenting-plan questions specific to your case.
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.