Mississippi surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Mississippi?

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.

Is Traditional Surrogacy Legal in Mississippi?

Yes. Traditional surrogacy is considered legal because there are no surrogacy laws prohibiting it.

Is Compensated Surrogacy Legal in Mississippi?

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:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency
• Creating a Mississippi Surrogacy Contract

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:

• Rights and responsibilities of each party
• Potential risks and liabilities of each party
• Surrogate compensation and other financial information
• Contact expectations before, during and after the surrogacy process
• Plans for the hospital stay
• Steps for establishing the intended parents’ parental rights
• And more

Once this contract is complete and signed by both parties, the medical process of surrogacy can begin.

Determining Legal Parentage in Mississippi

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.