Mississippi
PRE BIRTH OR POST BIRTH ORDER
Pre-birth
Process begins at week 14 of the pregnancy. Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.
Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
|
One Bio Connection |
√ |
√ |
√ |
√ |
√ |
Two Bio Connections |
√ |
√ |
√ |
√ |
|
No Bio Connections |
√ |
√ |
√ |
√ |
√ |
ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER
Yes; the certified copy should be provided to the hospital birth certificate clerk. The hospital should then fax it to Kalanzia Gibson, Director of Birth Registration who will then walk the hospital through completion of the birth record.
The judgment should include the name of the child (if available), the Intended Parent's name, date of birth, place of birth, and race.
Kalanzia Gibson, Director of Birth Registration
Mississippi State Department of Health, Vital Records
Phone: (601) 206-8194
Fax: (601) 206-8272
Birth Certificates
Timing - Varies by county, but the maximum time frame is 2 weeks.
Title - Parents can choose to be listed as parent.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate may potentially be revised to remove the name of the GC.
statutes / case law
Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes. The MS Supreme Court has ruled that a sperm donor has no parental rights with regard to the resulting child.
Venue
County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence
Do results vary by venue? Yes.
Are motions to waive venue accepted? Unknown.
Electronic signatures / e-notarizaTIONS
Traditional signatures and traditional notarizations required. E-notarizations will be accepted for international Intended Parents.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? Yes.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? No.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? It’s preferable, but not required.
Of Counsel
Ashley White Pittman, J.D., LL.M
2906 N. State Street, Suite 106
Jackson, MI 39216
(601) 326-2714