AN ACT TO ENACT THE MISSISSIPPI FAMILY BUILDING ACT; TO DEFINE CERTAIN TECHNICAL TERMS USED IN THIS ACT; TO PROVIDE THAT THIS ACT APPLIES TO A GESTATIONAL CARRIER OR GESTATIONAL SURROGATE AND APPLIES ONLY TO A GESTATIONAL CARRIER OR GESTATIONAL SURROGATE WHO IS NOT THE BIOLOGICAL MOTHER OF THE CHILD; TO PROVIDE THAT THE DONOR OF ANY EGG, SPERM OR EMBRYO, UPON WRITTEN EVIDENCE OF INTENT TO DONATE, OR ALTERNATIVELY, UPON CLEAR AND CONVINCING EVIDENCE OF INTENT TO DONATE, SHALL RELINQUISH ALL PARENTAL RIGHTS AND OBLIGATIONS WITH RESPECT TO THE DONATED EGG, SPERM OR EMBRYO AND ANY RESULTING CHILD OR CHILDREN; TO PERMIT REASONABLE COMPENSATION DIRECTLY RELATED TO THE DONATION OF EGGS, SPERM AND EMBRYOS; TO ALLOW A GESTATIONAL CARRIER AND THE INTENDED PARENT(S) TO ENTER INTO A GESTATIONAL CARRIER AGREEMENT; TO PROVIDE TERMS THAT MUST BE INCLUDED IN SUCH AGREEMENTS; TO REQUIRE A JUDICIAL DETERMINATION OF PARENTAGE BEFORE THE BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTIVE TECHNOLOGY UNDER A GESTATIONAL CARRIER AGREEMENT; AND FOR RELATED PURPOSES.
Impact
The Mississippi Family Building Act aims to clarify the legal standing of all parties in gestational carrier agreements. It establishes essential definitions such as 'gestational carrier', 'intended parent', and addresses how donations of eggs, sperm, and embryos are handled in terms of parental rights. By allowing reasonable compensation for gestational carriers and mandating that such agreements be structured with legal oversight, the bill intends to safeguard the rights of intended parents while offering protection and rights to the gestational carriers as well. Effective July 1, 2026, the bill seeks to streamline the legal processes associated with assisted reproductive technology, while also enforcing protections for all involved parties.
Summary
Senate Bill 2447, known as the Mississippi Family Building Act, establishes legal standards for agreements involving gestational carriers and surrogates. The bill specifically applies to individuals who are not the biological mothers of the children they carry and allows intended parents to assume full parental rights through clearly defined agreements. The act outlines the procedures for these agreements, parental rights relinquishment by donors, and the necessary judicial determinations of parentage prior to birth. This legislation marks a significant step in regulating surrogacy arrangements in Mississippi, providing a framework for all parties involved in such agreements.
Contention
Notably, the act requires a judicial determination of parentage before the birth of any child conceived through assisted reproductive technology under a gestational carrier agreement. This pre-birth legal proceeding ensures clarity regarding the parental status of intended parents and the gestational carrier. There may be points of contention surrounding the ethical implications of surrogacy and how compensated pregnancy arrangements are perceived in the state. Furthermore, ongoing debates about personal rights and the commercialization of reproduction might arise from such legislation, posing questions about the balance between enabling reproduction options and protecting individual rights.