Gestational Surrogacy is permitted because no statute or published case law prohibits it.
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?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
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
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
Note: This situation typically arises if the child is born outside 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
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 is permitted because no statute or published case law prohibits it. That being said, there is little history about Traditional Surrogacy in Mississippi.
Ashley W. Pittman, J.D., LL.M.
Jackson, Mississippi
apittman@apittmanlaw.com
(601) 283-2276
Dan Davis
dan@dandavisattorney.com
(662) 841-1090
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