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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.
No specific legal requirements exist to serve as a gestational surrogate in the state of Mississippi
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:
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
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.
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).
Ashley W. Pittman, J.D., LL.M
Law Office of Ashley W. Pittman, PLLC
1220 E. Northside Drive, Suite 170, #182
Jackson, Mississippi 39211
Phone: 601.283.2276
http://apittmanlaw.com
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