Mississippi

Surrogacy Law in Mississippi

Mississippi Surrogacy Law: Types of Surrogacy

In Mississippi, gestational surrogacy is permitted, because there is no statute or case law that prohibits it.

Traditional (genetic) surrogacy is not addressed in any statutes or case law, but there is very little precedent for the practice in the state.

Are There Surrogate Requirements in Mississippi?

No specific legal requirements exist to serve as a gestational surrogate in the state of Mississippi

Does Mississippi Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Mississippi do grant pre-birth orders.

The conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using an egg or sperm donor
Single parents using an egg or sperm donor
Same Sex Couples, using their own egg or sperm, or donor egg or sperm

No

For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

Married heterosexual couples
Unmarried heterosexual couples
Married same sex couples
Unmarried same sex couples
Single parent

No

Whose names go on the birth certificate in Mississippi?

Same-sex parents are listed on a birth certificate as “Parent” and “Parent.”

International same-sex male couples can receive an initial birth certificate naming the biological father and the gestational carrier, or they can opt to have one that lists only the biological father. Amendments can be made to the birth certificate that name both fathers without the gestational carrier, though a second-parent adoption will be required. It is possible to have an expedited step parent adoption in cases such as this which waves all statutory requirements of a traditional adoption.

Surrogacy Conditions for Same-Sex Couples in Mississippi

Are There Options for Unmarried Intended Parents in the state of Mississippi?

Egg Donation Law

The Mississippi Supreme Court has ruled that an anonymous sperm donor shall not be held as the legal parent of any resulting child.  Strickland v. Day, No. 2016-CA-01504-SCT (April 5, 2018).

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Mississippi*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.