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GESTATIONAL SURROGACY IN MISSISSIPPI

Gestational Surrogacy is permitted because no statute or published case law prohibits it.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Sometimes. Pre-birth petitions are decided on a case-by-case basis. There is little history and guidance from the law. 
 
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Most likely, no. Must be married.
  • Unmarried heterosexual couple using an egg donor or sperm donor: Most likely, no. Must be married.
  • Married Same-sex couple using an egg donor or sperm donor: Not yet. Will probably require a court challenge.
  • Unmarried Same-sex couple using an egg donor or sperm donor: No
  • Single parent using an own egg or sperm: Unclear

 
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Possibly
  • Unmarried heterosexual couple: No
  • Same-sex couple: Not yet
  • Single parent: Unlikely

 
What are the bases for venue?  Unknown, as there is little history.
 
Do results vary by venue?  Not greatly, but can vary by judge. 
 
If yes, are motions to waive venue accepted?  Unknown, as there is little history.
 
Is a hearing required to obtain a pre-birth order?  Depends on the judge 
 
Is a pre-birth order possible in Mississippi based on a Gestational Carrier’s plan to deliver in Mississippi, if no party lives in Mississippi? It is possible, but it depends on the judge.
 
Will Mississippi Vital Records honor a pre-birth order from another state?  Yes 
 
What is the typical time frame to obtain a birth certificate after delivery?  3 weeks

Same-Sex Couples

To our knowledge, there has not yet been a same-sex surrogacy decision since the Supreme Court Decision in Obergefell. Check back for updates.

How are same-sex parents named on the final birth certificate?  Mother and Father
 
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  Yes 
 
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Unlikely   
 
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Mississippi? Not yet
 
If no, will Mississippi Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?  Yes

SECOND PARENT ADOPTIONS FOR MISSISSIPPI RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Mississippi to obtain a second parent adoption or stepparent adoption in Mississippi.

Will courts in Mississippi grant second parent adoptions or stepparent adoptions to heterosexual couples living in Mississippi? No. Adoptions must be by a married couple or a single individual.
 
Will courts in Mississippi grant second parent adoptions or stepparent adoptions to same-sex couples living in Mississippi?  Not yet

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No

TRADITIONAL SURROGACY IN MISSISSIPPI

Traditional Surrogacy is permitted because no statute or published case law prohibits it. There is little history about Traditional Surrogacy in Mississippi.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Ashley W. Pittman, J.D., LL.M.

Jackson, Mississipi

apittman@sy-law.com

(601) 936-4910


Dan Davis
dan@dandavisattorney.com
(662) 841-1090

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