Yes. Gestational Surrogacy is permitted because no statute or published case law prohibits it. In general, courts in the state are more favorable to married couples with at least one partner who is genetically related to the child born via surrogacy. However, the rulings on individual surrogacy cases will be determined by the court and the judge overseeing the case.
Yes. Traditional surrogacy is considered legal because there are no surrogacy laws prohibiting it.
Yes. Compensated surrogacy is legal because there are no surrogacy laws prohibiting it; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
Because there are no surrogacy laws in Mississippi, there are no specific legal regulations that must be followed when drafting a Mississippi surrogacy contract. However, intended parents and their surrogate must be represented by separate surrogacy attorneys to ensure that each parties’ rights and interests are protected. These attorneys will negotiate a contract that addresses at least the following:
Once this contract is complete and signed by both parties, the medical process of surrogacy can begin.
In general, Mississippi surrogacy courts do grant pre-birth orders, although their availability is often based on the judge overseeing the surrogacy case. Because the state tends to favor heterosexual couples, straight couples can usually obtain a pre-birth order, regardless of their marital status or whether they use a donated egg, sperm, or embryo.
Same-sex couples and LBGT+ intended parents may have a more difficult time establishing their parental rights in a Mississippi surrogacy, but it’s likely that they can also obtain a pre-birth order, no matter their marital status.
A: Surrogacy is permitted in Mississippi, and courts have granted parentage orders to intended parents in surrogacy cases. However, there are no explicit statutes governing surrogacy, meaning that outcomes can depend on the county and judge. Working with an experienced attorney is crucial to navigate the process. For more information, visit GLAD.
A: No. Mississippi does not have specific laws differentiating between domestic and international intended parents in surrogacy. International parents should consult with both surrogacy and immigration attorneys to ensure they complete the necessary legal steps for bringing their child home.
A: An adoption after birth may be required when one or both intended parents do not have a genetic connection to the child. This can vary based on the judge overseeing the case, so consulting an experienced surrogacy attorney is recommended.
A: Yes, Mississippi allows second-parent adoptions. Unmarried couples where one partner is not genetically related to the child would need to complete a second-parent adoption. Married couples may pursue a stepparent adoption if necessary to establish parental rights.
A: In cases involving donor egg, sperm, or embryo, the non-genetically related parent may need to complete an adoption after birth to establish legal parentage, depending on the circumstances and court rulings.
<A: Yes, same-sex surrogacy is legal in Mississippi. Courts have granted parentage orders to same-sex couples, though the process may vary depending on the county and judge. It is advisable to work with an experienced attorney familiar with surrogacy law in Mississippi. For more information, you can visit NBC News and GLAD.
A: There are no specific additional laws directly impacting same-sex parenting through surrogacy in Mississippi. However, same-sex couples should be prepared to navigate varying practices regarding parentage orders and may want to pursue second-parent adoption to solidify parental rights. More details can be found on GLAD.
Bo Gregg
Ridgeland, MS
bgregg@wrightlaw.net
youngwells.com
(601) 366-8090
Ashley Pittman
Jackson, MS
apittman@apittmanlaw.com
apittmanlaw.com
(601) 326-2714
