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

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