If you're considering surrogacy in Mississippi, you likely have one big question: What are the laws?
The answer isn't always straightforward—but with the right guidance, you'll find your way. With American Surrogacy, you’ll get expert help navigating Mississippi surrogacy laws, working with experienced legal professionals, and making informed decisions that protect everyone involved.
This guide breaks down everything you need to know about surrogacy law in Mississippi—from legal contracts to establishing parentage. Let’s dive in.
Mississippi Surrogacy Laws
Mississippi does not have any specific statute or published case law that prohibits or explicitly regulates surrogacy, meaning that the practice is permitted by default. However, because there are no comprehensive legal protections in place, surrogacy agreements and processes must be approached with caution and expert guidance.
Yes, but with caveats. There is no law explicitly prohibiting paid (compensated) surrogacy in Mississippi. However, because the legal framework is underdeveloped, enforceability of paid surrogacy agreements may vary.
At American Surrogacy, we work with intended parents and surrogates nationwide—ensuring you have access to surrogates in states with well-established legal protections for compensated surrogacy.
Are Surrogacy Contracts Enforceable in Mississippi?
Uncertain. Mississippi courts have not ruled on the enforceability of surrogacy contracts, and no state legislation explicitly upholds them. This means any surrogacy contract should be written with legal support and extreme care.
To mitigate risk, American Surrogacy helps you match with surrogates in legally favorable states, or pairs you with attorneys who understand how to structure enforceable contracts within Mississippi’s legal gray areas.
Surrogacy Contract Checklist
Your surrogacy contract should include:
Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
Termination Clauses
What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in Mississippi?
Your contract should be finalized after a successful match with a surrogate but before any medical procedures. This ensures all parties are legally protected before beginning the embryo transfer process.
How Will American Surrogacy Support Me During the Contract Stage?
Our team collaborates closely with your surrogacy attorney to ensure the contract is thorough, fair, and reflects your values. We thoroughly research Mississippi’s legal climate before presenting surrogate profiles—so your journey begins with full awareness and confidence.
How We Help You
Explaining complex legal language in plain terms
Assisting with contract negotiations and feedback loops
Coordinating timelines between medical and legal milestones
Ensuring all documentation is signed and submitted on time
Connecting you with a surrogacy attorney near you
LGBTQ+ Surrogacy Laws in Mississippi
Same-sex couples can pursue surrogacy in Mississippi, but should be aware of challenges with:
Birth Certificates: Mississippi historically resisted naming same-sex couples on birth certificates, though this has improved post-Obergefell v. Hodges.
Second-Parent Adoption: This may be required for non-biological parents. Your attorney can help ensure your parental rights are protected.
Abortion Laws in Mississippi and Surrogacy Contract Termination Agreements
Mississippi has highly restrictive abortion laws, allowing termination only when the mother's life is at risk or in cases of rape reported to law enforcement. This must be accounted for in the surrogacy contract, especially if intended parents wish to pursue selective reduction or termination due to health anomalies.
If these laws are incompatible with your needs, American Surrogacy can help you match in a more legally accommodating state.
Surrogacy Laws for Establishing Parentage in Mississippi
Parentage in Mississippi is generally established post-birth via court order, as pre-birth orders are uncommon and not codified in law. The intended parent(s) must petition the court to be named on the birth certificate.
How to Get a Pre-Birth Order
Availability: Dependent on Judge
Post-Birth Order Process: May require a court hearing
Birth Certificate Timeline: Usually available within 1–3 weeks post-approval
International Surrogacy Laws
Mississippi does not have specific laws addressing international surrogacy arrangements. Intended parents residing abroad should consult an attorney about how Mississippi’s parental establishment process interacts with immigration and citizenship laws.
Helps navigate complex issues like LGBTQ+ rights and embryo disputes
Need a lawyer? We can connect you with a trusted Mississippi surrogacy attorney.
How Much Does a Surrogacy Lawyer Cost?
Legal fees vary but are typically $8,000–$15,000 depending on complexity and location. At American Surrogacy, legal costs are already included in your surrogacy program fee—so there are no surprises.
Find a Surrogacy Attorney Near Me – Mississippi
Here is a surrogacy attorney who may assist you in Mississippi:
Ashley W. Pittman is a Mississippi-based attorney specializing in Assisted Reproductive Technology (ART) law. As the managing partner of Ashley W. Pittman, PLLC, she offers a range of services, including:
Drafting and reviewing gestational carrier agreements
Establishing legal parentage through pre-birth orders
Creating embryo and gamete donor agreements
Assisting with fertility preservation trusts
Her firm is dedicated to helping both domestic and international clients navigate the complexities of fertility law.
Are insurance companies required to cover IVF in Mississippi?
No. Mississippi does not mandate insurance coverage for IVF.
States that do: MA, IL, CT, NJ, and others.
Is an embryo considered a person in Mississippi?
Mississippi does not currently define embryos as legal persons in surrogacy law. However, fetal personhood laws could influence IVF and abortion law interpretations.
Is traditional surrogacy legal in Mississippi?
Yes, traditional surrogacy is permitted but riskier legally due to the genetic link between surrogate and child. Contracts may not be enforceable.
Do sperm and egg donors have parental rights?
No. Mississippi recognizes valid donor contracts as a waiver of parental rights when properly documented.
Is there an IVF tax credit?
No, Mississippi does not offer a state-level IVF tax credit.
Ready to Begin?
Whether you're navigating legal gray areas or seeking clarity on your surrogacy rights, American Surrogacy is here to help you feel informed, confident, and supported every step of the way.
This article is not intended to be and should not be taken as legal advice. Surrogacy laws in Mississippi are always subject to change, so please contact a local Mississippi surrogacy attorney to learn more about the current state of surrogacy in Mississippi.
