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?  Yes

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: Yes
• Unmarried heterosexual couple using an egg donor or sperm donor: Yes
• Married Same-sex couple using an egg donor or sperm donor: Likely
• Unmarried Same-sex couple using an egg donor or sperm donor: Likely
• Single parent using an own egg or sperm: Yes

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: Likely
• Unmarried heterosexual couple: Possibly
• Same-sex couple: Possibly
• Single parent: Possibly

What are the bases for venue?  Where the child is born or where the Gestational Carrier resides.

Do results vary by venue?  Yes

If yes, are motions to waive venue accepted?  Sometimes

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? Probably not

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, but can usually be expedited

SAME SEX COUPLE

SECOND PARENT & STEPPARENT 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? Yes, but must be by a married couple.

Will courts in Mississippi grant second parent adoptions or stepparent adoptions to same-sex couples living in Mississippi? Possibly

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. That being said, 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@apittmanlaw.com
(601) 283-2276

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

This is a copyrighted document and therefore protected by the copyright laws of the United States. Violation of these laws is a punishable offense under the US Copyright laws and, depending on the method of transmission, under the Digital Millennium Copyright Act. Any retransmission or use of this document or any map herein is expressly prohibited without prior and express authorization of Creative Family Connections LLC.

Creative Family Connections LLC is not providing legal advice to users of this website, nor does use of any of the maps or summaries on this website constitute or create any attorney-client relationship between Creative Family Connections LLC and users of this site.

This website is not intended to substitute for consulting with legal counsel in the appropriate local jurisdiction. Creative Family Connections makes no warranties that the information on this site is current, accurate, or that favorable results that have been obtained in prior cases will be obtained in future cases.