Legislative Milestone in Mississippi’s Surrogacy Landscape:
Mississippi presents a unique environment for surrogacy, operating without explicit surrogacy laws but generally adopting a surrogacy-friendly approach.
Surrogacy Contracts
Establish rights and obligations of every party.
Establish potential risks and complications.
Negotiated by separate attorneys.
Parental Rights
Mississippi courts generally grant pre-birth orders, establishing the Intended Parents as the legal parents of the child. The availability of these orders can vary, and while straight couples usually secure pre-birth orders, LGBT Intended Parents may face more challenges, although obtaining a pre-birth order is still feasible.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
In Mississippi, while there are no statutes specifically regulating surrogacy, the process is largely feasible and routinely practiced. Courts in the state tend to favor surrogacy arrangements, particularly for married couples where at least one partner is genetically related to the child. However, the legal stance on surrogacy can vary, emphasizing the importance of consulting with a local surrogacy attorney.
Advantages of Surrogacy in MS
While Mississippi lacks specific surrogacy legislation, the state's practices and court rulings generally support surrogacy arrangements. The process is facilitated by comprehensive contracts, experienced legal counsel, and a legal system that recognizes the intentions and rights of all parties involved in the surrogacy journey effectively.
