Surrogacy in Mississippi

Gestational Surrogacy in Mississippi

Surrogacy is legal in Mississippi. Mississippi is another state where surrogacy is permitted and practiced because there is no statute or case law that prohibits it. As long as there is some genetic connection, parentage judgments are generally issued pre-birth regardless of sexual orientation or marital status. However, this is ultimately subject to a judge’s discretion as is the potential need for a hearing.

Understanding Surrogacy Laws in Mississippi

Legal Parentage

Mississippi courts generally approve pre-birth orders, particularly if the parties are married and at least one intended parent has a genetic connection to the child, although outcomes may differ depending on the county. If a pre-birth order is not in place, Mississippi also permits post-birth orders.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Mississippi Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Mississippi Surrogacy Law

Do You Need a Medical Need for Surrogacy in Mississippi?

Although there is no specific law on this, it is currently best practice to only pursue surrogacy in Mississippi if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Mississippi allows married, partnered, and single persons to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Mississippi, intended parents need at least one genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Mississippi?

International parents can pursue surrogacy in Mississippi and are subject to the same process as domestic parents. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Mississippi allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Mississippi. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Mississippi?

Generally yes. While intended parents do not need to be Mississippi residents to carry out a surrogacy journey in Mississippi, the Gestational Carrier should reside in Mississippi for appropriate jurisdiction.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

No, Mississippi does not have any written laws relating to the rights of surrogates. Learn more about surrogate rights.