Center for Surrogate Parenting, LLC.

Mississippi Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Mississippi surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Mississippi surrogacy law.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Mississippi surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Despite the lack of statutory laws or published case law addressing surrogacy, it is a permissible practice in Mississippi and parentage orders may be obtained in varying circumstances and depending on the judge.

    • Does the state have surrogacy laws and/or case law?

      No.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Mississippi courts are typically favorable towards surrogacy arrangements, especially when the intended parents are a married heterosexual couple and at least one of them is genetically related to the child. Otherwise, results vary greatly by judge, and some may treat surrogacy arrangements more unfavorably than others.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Mississippi and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Yes.

    • Is gestational surrogacy allowed?

      Yes.

    • What are the requirements for an enforceable surrogacy contract?

      Since Mississippi does not have a statutory rule on this, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      Generally, the intended parents and surrogate should have independent legal counsel, the surrogate should meet specific requirements and the agreement should include provisions that discuss the legal, financial, and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Mississippi courts are prone to granting pre-birth orders, especially when at least one intended parent is genetically related to the child. If neither intended parent is genetically related to the child, a pre-birth order is still possible, with results varying by county.

    • Can both intended parents be declared the legal parents?

      Yes, it is possible that both intended parents will be declared the legal parents in a pre-birth order or otherwise, regardless of sexual orientation, marital status, the use of donor eggs or sperm, or the genetic relationship to the child.

      However, results can vary greatly by county and judge. With that said, the state tends to favor heterosexual couples (whether married or unmarried), so those intended parents are the most likely to both be declared the legal parents on a parentage order.

    • Will the state honor a pre-birth order issued by another state?

      Yes.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The parents will typically receive the baby’s birth certificate within 2-3 weeks. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier or an initial birth certificate that names the biological father only. They may be able to subsequently obtain a birth certificate that names both fathers only, with no mention of the surrogate.

    • Are post-birth adoptions permitted?

      If a parentage order is unable to be obtained, post-birth adoptions are permitted and available to married couples and individual intended parents. Second-parent adoptions are not available in Mississippi, so if an unmarried couple is unable to obtain a parentage order, they may have to get married to complete a stepparent adoption to obtain their legal parental rights.

    • Are second-parent adoptions permitted?

      No.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.