Mississippi has no statute or case law that restricts surrogacy. Surrogacy is permitted in this state, and attorneys have been able to successfully establish parentage while protecting both Intended Parent(s) and surrogates throughout the process.
Can a parentage order be obtained for the following?
Although traditional surrogacy isn’t prohibited in Mississippi, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) are listed on the Birth Certificate as Parent-Parent.
According to the Mississippi Supreme Court, Strickland v. Day, No. 2016-CA-01504-SCT (Miss. 2018.), sperm donors for use in assisted reproduction procedures have no parental rights over the donated gametes or any resulting child.
Neither statute nor case law address egg or embryo donors.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts in Mississippi have been routinely recognized and enforced by the courts in Mississippi.
Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.
Because of the lack of legal restrictions, international Intended Parent(s) may find doing surrogacy in Mississippi a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Ashley W. Pittman, J.D., LL.M
Ashley W. Pittman, PLLC
2906 N. State Street
Jackson, Mississippi 39216
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019