Senate Bill 2447

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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Mississippi Family Building Act."

SECTION 2. Definitions. For purposes of this act, the following terms shall have the meanings ascribed herein:

(a) "Assisted reproductive technology" means a method of preserving fertility or attempting pregnancy through means other than by sexual intercourse including, but not limited to, all of the following:

(i) Intrauterine, intracervical or vaginal insemination;

(ii) Donation of gametes;

(iii) Donation of embryos;

(iv) Receiving of gametes;

(v) Receiving of embryos;

(vi) In vitro fertilization;

(vii) Embryo transfer; and

(viii) Intracytoplasmic sperm injection.

(b) "Child" means an individual born from a pregnancy achieved by means of medically assisted fertility treatment in furtherance of a gestational carrier agreement or gestational

surrogacy agreement.

(d) "Embryo" means a fertilized human egg which has begun cell division.

(e) "Embryo transfer" means the transfer of an in vitro fertilized embryo to a female's uterus.

(f) "Fertilization" means the initial union of an egg and sperm.

(g) "Gamete" means sperm or egg.

(h) "Gamete of a female human" means egg.

(i) "Gamete of a male human" means sperm.

(j) "Gestational carrier" or "gestational surrogate" means a woman who is at least twenty-one (21) years of age and who voluntarily contracts to become pregnant by means of assisted reproductive technology, without the use of an egg from her body, and who agrees to terminate her parental rights and responsibilities to a resulting child in favor of the intended parent(s).

(k) "Gestational carrier agreement" or "gestational surrogacy agreement" means a written agreement between a gestational carrier and the intended parent(s) that specifies the intent of the parties as to their rights and responsibilities in the gestational surrogacy arrangement, consistent with the provisions of this act. Such term shall mean an agreement for the gestational surrogate to gestate and bear the child, for payment by the intended parent(s) of the expenses allowed by this act, for the intended parent(s) to assert full parental rights and responsibilities to the child and for the gestational surrogate or the gestational carrier, and her spouse, if applicable, to judicially terminate her or their parental rights and responsibilities to the child in favor of the intended parent(s).

(l) "In vitro" refers to an assisted reproductive technology procedure performed in a laboratory environment.

(m) "Intended parent" means a male or female who, as evidenced by a gestational carrier agreement, intends to assert parental rights and responsibilities for a child conceived by assisted reproduction and gestated by a gestational carrier, regardless of whether the child is biologically related to the intended parent. There shall be no more than two (2) intended parents in a gestational carrier agreement.

(n) "Party" means the intended parent(s), the gestational surrogate or the gestational carrier's spouse, if married.

(o) "Sperm" means the male reproductive cell.

(p) "Traditional surrogate" is defined as an individual who agrees to become pregnant through providing her own egg and is also the person carrying the pregnancy (as distinct from a gestational surrogate/carrier, whose eggs are not used to produce the pregnancy).

SECTION 3. Gestational surrogacy. Sections 3 through 6 of this act shall apply to a gestational carrier or gestational surrogate, and shall apply only to a gestational carrier or gestational surrogate who is not the biological mother of the child.

SECTION 4. Donation of eggs, sperm or embryos. The donor of any egg, sperm or embryo, upon written evidence of intent to donate, or in the absence of written evidence, 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, as applicable, born using the donated egg, sperm or embryo. Reasonable compensation directly related to the donation of eggs, sperm and embryos shall be permitted.

SECTION 5. Gestational carrier agreement. (1) Individuals may enter into a gestational carrier agreement as specified in this section, but such an agreement may not affect final determination of parentage of a child. Final determination of parentage shall be made in accordance with Section 6 of this act. (2) A gestational carrier agreement must include, but need not be limited to, the following terms:

(a) That the gestational carrier agrees to become pregnant by means of assisted reproductive technology, to bear a child or children, and to terminate any parental rights and responsibilities to the resulting child or children through a pre-birth legal proceeding determining parentage in the intended parent(s) rather than the gestational carrier or her spouse, if applicable, pursuant to Section 6 of this act.

(b) That the gestational carrier agrees to submit to reasonable medical evaluation and treatment and to adhere to reasonable medical instructions about her prenatal health.

(c) That the intended parent(s) shall, at their own expense, provide private health insurance and additional complications insurance to cover any costs associated with the pregnancy, prenatal care, labor, delivery and post-partum care of both the gestational carrier and the child, and shall also pay any and all out-of-pocket expenses associated with same.

(d) That the intended parent(s) agree to accept custody of and to assert full parental rights and responsibilities for the child immediately upon the child's birth, regardless of any impairment of the child.

(e) The intended parent(s) shall be the sole source of consent with respect to medical decisions regarding the child carried by the gestational carrier, with due consideration to the health of the gestational carrier, provided that the intended parent(s) shall be consulted with during all aspects of the pregnancy with the gestational carrier's treating physician or medical provider. The gestational carrier shall be the sole source of consent with regard to medical decisions which affect her health, whether related to the pregnancy or otherwise.

(f) The gestational carrier agrees to relinquish any parental rights and to proceed with pre-birth judicial proceedings prescribed under Section 6 of this act.

(g) That the gestational carrier agreement may be terminated at any time by any of the parties upon medical confirmation that the gestational carrier is not pregnant at the time of termination.

(3) The intended parent(s) and the gestational carrier and her spouse, if applicable, shall be represented by separate and independent counsel in any matter relating to a gestational carrier agreement or judicial determination of parental rights pursuant to Section 6 of this act.

(4) Doctors, psychologists, attorneys and other professionals may receive compensation for their professional services, such as providing medical services and procedures, legal advice in structuring and negotiating a gestational carrier agreement, determination of parentage through a court proceeding or psychological counseling.

(5) Compensation may be paid to a gestational carrier as compensation for medical risks, physical discomfort, inconvenience, reimbursement of actual costs and living expenses, and the responsibilities she is undertaking in connection with her participation in the collaborative reproduction agreement.

(6) Compensation paid to a person acting as gestational carrier shall not exceed the duration of the pregnancy and recuperative period of up to eight (8) weeks after the birth of any resulting children, or upon final release of the gestational carrier from medical care by her treating physician.

SECTION 6. Judicial determination of parentage. (1) Before the birth of a child conceived by assisted reproductive technology under a gestational carrier agreement, a party to the agreement may commence a proceeding in Chancery Court for an order or judgment:

(a) Declaring that each intended parent is a legal parent of the child and ordering that parental rights and duties vest immediately upon the birth of the child exclusively in each intended parent;

(b) Declaring that the gestational carrier and the gestational carrier's spouse, if applicable, are not the legal parents of the child;

(c) Authorizing the Mississippi State Department of Health to issue an initial birth certificate in accordance with the parentage order entered by the Chancery Court;

(d) For other relief the Chancery Court determines necessary and proper.

(2) All parties to the gestational carrier agreement must join in such proceeding.

(3) Venue for judicial determination of parentage under Section 6 of this act shall be proper in the county where a gestational carrier resides, the county where the intended parent resides or the county where the birth is scheduled to take place.

SECTION 7. This act shall take effect and be in force from and after July 1, 2026.