Mississippi Surrogacy: Laws & Complete Guide
General Surrogacy context in Mississippi
- Is gestational and traditional surrogacy legal in Mississippi?
- What specific surrogacy requirements apply in Mississippi, if any?
- What must be included in a legally valid Mississippi surrogacy contract?
- What factors influence the cost of surrogacy in Mississippi, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Mississippi compared to other states?
- How friendly is LGBTQ+ surrogacy in Mississippi?
Is Surrogacy Legal in Mississippi?
Statutory & case-law breakdown In Mississippi
There are no statutes or published case law specifically permitting or prohibiting surrogacy in Mississippi; therefore, it is considered legal.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Mississippi, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Mississippi.
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.
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Mississippi
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Mississippi
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Mississippi?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Mississippi
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.Most Common FAQ about surrogacy in Mississippi
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Mississippi?
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.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Mississippi?
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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
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.
Q: Does Mississippi Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
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.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
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.
<Same Sex surrogacy in Mississippi
Q: Is Same-Sex Surrogacy Legal in Mississippi?
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.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Mississippi?
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.
Surrogacy Agencies & Legal Professionals in Mississippi
Looking for a Surrogacy Agency in Mississippi?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Mississippi as your surrogacy agency.
Find out more about how SurrogateFirst can support in Mississippi here:
Looking for a surrogacy attorney in Mississippi, Tupelo, Ridgeland or Jackson?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Mississippi, provided for informational purposes.
Dan Davis
Tupelo, MS
dan@dandavisattorney.com
Visit Dan Davis Attorney for more details
(662) 841-1090
Bo Gregg
Ridgeland, MS
bgregg@wrightlaw.net
Visit Young Wells Williams P.A. for more details
(601) 366-8090
Ashley Pittman
Jackson, MS
apittman@apittmanlaw.com
Visit Ashley Pittman Law for more details
(601) 326-2714
Need some help with Legal Aspects of surrogacy in Mississippi?
What is the Surrogacy Process in Mississippi?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
