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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
SAME SEX COUPLE
SECOND PARENT RESIDENTS
EGG AND SPERM DONATION
TRADITIONAL SURROGACY
STATE LAW INFORMATION

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

How are same-sex parents named on the final birth certificate?  Mother and Father, but the titles will be crossed out and Parent and Parent will be written, but the titles will be crossed out and Parent and Parent will be written.

Can an international same-sex male couple obtain an initial birth certificate naming the biological father only? Yes

Alternatively, 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, with no mention of the Gestational Carrier? Yes

Can they subsequently obtain a birth certificate naming both fathers, with no mention of the Gestational Carrier? Probably

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? In theory, yes

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.

BACK TO US SURROGACY MAP

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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