Mississippi Family Building Act; enact.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2447

AN ACT TO ENACT THE MISSISSIPPI FAMILY BUILDING ACT; TO 1
DEFINE CERTAIN TECHNICAL TERMS USED IN THIS ACT; TO PROVIDE THAT 2
THIS ACT APPLIES TO A GESTATIONAL CARRIER OR GESTATIONAL SURROGATE 3
AND APPLIES ONLY TO A GESTATIONAL CARRIER OR GESTATIONAL SURROGATE 4
WHO IS NOT THE BIOLOGICAL MOTHER OF THE CHILD; TO PROVIDE THAT THE 5
DONOR OF ANY EGG, SPERM OR EMBRYO, UPON WRITTEN EVIDENCE OF INTENT 6
TO DONATE, OR ALTERNATIVELY, UPON CLEAR AND CONVINCING EVIDENCE OF 7
INTENT TO DONATE, SHALL RELINQUISH ALL PARENTAL RIGHTS AND 8
OBLIGATIONS WITH RESPECT TO THE DONATED EGG, SPERM OR EMBRYO AND 9
ANY RESULTING CHILD OR CHILDREN; TO PERMIT REASONABLE COMPENSATION 10
DIRECTLY RELATED TO THE DONATION OF EGGS, SPERM AND EMBRYOS; TO 11
ALLOW A GESTATIONAL CARRIER AND THE INTENDED PARENT(S) TO ENTER 12
INTO A GESTATIONAL CARRIER AGREEMENT; TO PROVIDE TERMS THAT MUST 13
BE INCLUDED IN SUCH AGREEMENTS; TO REQUIRE A JUDICIAL 14
DETERMINATION OF PARENTAGE BEFORE THE BIRTH OF A CHILD CONCEIVED 15
BY ASSISTED REPRODUCTIVE TECHNOLOGY UNDER A GESTATIONAL CARRIER 16
AGREEMENT; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. This act shall be known and may be cited as the 19
"Mississippi Family Building Act." 20
SECTION 2. Definitions. For purposes of this act, the 21
following terms shall have the meanings ascribed herein: 22
(a) "Assisted reproductive technology" means a method 23
of preserving fertility or attempting pregnancy through means 24
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other than by sexual intercourse including, but not limited to, 25
all of the following: 26
(i) Intrauterine, intracervical or vaginal 27
insemination; 28
(ii) Donation of gametes; 29
(iii) Donation of embryos; 30
(iv) Receiving of gametes; 31
(v) Receiving of embryos; 32
(vi) In vitro fertilization; 33
(vii) Embryo transfer; and 34
(viii) Intracytoplasmic sperm injection. 35
(b) "Child" means an individual born from a pregnancy 36
achieved by means of medically assisted fertility treatment in 37
furtherance of a gestational carrier agreement or gestational 38
surrogacy agreement. 39
(c) "Egg" means the unfertilized female reproductive 40
cell. 41
(d) "Embryo" means a fertilized human egg which has 42
begun cell division. 43
(e) "Embryo transfer" means the transfer of an in vitro 44
fertilized embryo to a female's uterus. 45
(f) "Fertilization" means the initial union of an egg 46
and sperm. 47
(g) "Gamete" means sperm or egg. 48
(h) "Gamete of a female human" means egg. 49
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(i) "Gamete of a male human" means sperm. 50
(j) "Gestational carrier" or "gestational surrogate" 51
means a woman who is at least twenty-one (21) years of age and who 52
voluntarily contracts to become pregnant by means of assisted 53
reproductive technology, without the use of an egg from her body, 54
and who agrees to terminate her parental rights and 55
responsibilities to a resulting child in favor of the intended 56
parent(s). 57
(k) "Gestational carrier agreement" or "gestational 58
surrogacy agreement" means a written agreement between a 59
gestational carrier and the intended parent(s) that specifies the 60
intent of the parties as to their rights and responsibilities in 61
the gestational surrogacy arrangement, consistent with the 62
provisions of this act. Such term shall mean an agreement for the 63
gestational surrogate to gestate and bear the child, for payment 64
by the intended parent(s) of the expenses allowed by this act, for 65
the intended parent(s) to assert full parental rights and 66
responsibilities to the child and for the gestational surrogate or 67
the gestational carrier, and her spouse, if applicable, to 68
judicially terminate her or their parental rights and 69
responsibilities to the child in favor of the intended parent(s). 70
(l) "In vitro" refers to an assisted reproductive 71
technology procedure performed in a laboratory environment. 72
(m) "Intended parent" means a male or female who, as 73
evidenced by a gestational carrier agreement, intends to assert 74
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parental rights and responsibilities for a child conceived by 75
assisted reproduction and gestated by a gestational carrier, 76
regardless of whether the child is biologically related to the 77
intended parent. There shall be no more than two (2) intended 78
parents in a gestational carrier agreement. 79
(n) "Party" means the intended parent(s), the 80
gestational surrogate or the gestational carrier's spouse, if 81
married. 82
(o) "Sperm" means the male reproductive cell. 83
(p) "Traditional surrogate" is defined as an individual 84
who agrees to become pregnant through providing her own egg and is 85
also the person carrying the pregnancy (as distinct from a 86
gestational surrogate/carrier, whose eggs are not used to produce 87
the pregnancy). 88
SECTION 3. Gestational surrogacy. Sections 3 through 6 of 89
this act shall apply to a gestational carrier or gestational 90
surrogate, and shall apply only to a gestational carrier or 91
gestational surrogate who is not the biological mother of the 92
child. 93
SECTION 4. Donation of eggs, sperm or embryos. The donor of 94
any egg, sperm or embryo, upon written evidence of intent to 95
donate, or in the absence of written evidence, upon clear and 96
convincing evidence of intent to donate, shall relinquish all 97
parental rights and obligations with respect to the donated egg, 98
sperm or embryo and any resulting child or children, as 99
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applicable, born using the donated egg, sperm or embryo. 100
Reasonable compensation directly related to the donation of eggs, 101
sperm and embryos shall be permitted. 102
SECTION 5. Gestational carrier agreement. (1) Individuals 103
may enter into a gestational carrier agreement as specified in 104
this section, but such an agreement may not affect final 105
determination of parentage of a child. Final determination of 106
parentage shall be made in accordance with Section 6 of this act. 107
(2) A gestational carrier agreement must include, but need 108
not be limited to, the following terms: 109
(a) That the gestational carrier agrees to become 110
pregnant by means of assisted reproductive technology, to bear a 111
child or children, and to terminate any parental rights and 112
responsibilities to the resulting child or children through a 113
pre-birth legal proceeding determining parentage in the intended 114
parent(s) rather than the gestational carrier or her spouse, if 115
applicable, pursuant to Section 6 of this act. 116
(b) That the gestational carrier agrees to submit to 117
reasonable medical evaluation and treatment and to adhere to 118
reasonable medical instructions about her prenatal health. 119
(c) That the intended parent(s) shall, at their own 120
expense, provide private health insurance and additional 121
complications insurance to cover any costs associated with the 122
pregnancy, prenatal care, labor, delivery and post-partum care of 123
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both the gestational carrier and the child, and shall also pay any 124
and all out-of-pocket expenses associated with same. 125
(d) That the intended parent(s) agree to accept custody 126
of and to assert full parental rights and responsibilities for the 127
child immediately upon the child's birth, regardless of any 128
impairment of the child. 129
(e) The intended parent(s) shall be the sole source of 130
consent with respect to medical decisions regarding the child 131
carried by the gestational carrier, with due consideration to the 132
health of the gestational carrier, provided that the intended 133
parent(s) shall be consulted with during all aspects of the 134
pregnancy with the gestational carrier's treating physician or 135
medical provider. The gestational carrier shall be the sole 136
source of consent with regard to medical decisions which affect 137
her health, whether related to the pregnancy or otherwise. 138
(f) The gestational carrier agrees to relinquish any 139
parental rights and to proceed with pre-birth judicial proceedings 140
prescribed under Section 6 of this act. 141
(g) That the gestational carrier agreement may be 142
terminated at any time by any of the parties upon medical 143
confirmation that the gestational carrier is not pregnant at the 144
time of termination. 145
(3) The intended parent(s) and the gestational carrier and 146
her spouse, if applicable, shall be represented by separate and 147
independent counsel in any matter relating to a gestational 148
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carrier agreement or judicial determination of parental rights 149
pursuant to Section 6 of this act. 150
(4) Doctors, psychologists, attorneys and other 151
professionals may receive compensation for their professional 152
services, such as providing medical services and procedures, legal 153
advice in structuring and negotiating a gestational carrier 154
agreement, determination of parentage through a court proceeding 155
or psychological counseling. 156
(5) Compensation may be paid to a gestational carrier as 157
compensation for medical risks, physical discomfort, 158
inconvenience, reimbursement of actual costs and living expenses, 159
and the responsibilities she is undertaking in connection with her 160
participation in the collaborative reproduction agreement. 161
(6) Compensation paid to a person acting as gestational 162
carrier shall not exceed the duration of the pregnancy and 163
recuperative period of up to eight (8) weeks after the birth of 164
any resulting children, or upon final release of the gestational 165
carrier from medical care by her treating physician. 166
SECTION 6. Judicial determination of parentage. (1) Before 167
the birth of a child conceived by assisted reproductive technology 168
under a gestational carrier agreement, a party to the agreement 169
may commence a proceeding in Chancery Court for an order or 170
judgment: 171
(a) Declaring that each intended parent is a legal 172
parent of the child and ordering that parental rights and duties 173
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ST: Mississippi Family Building Act; enact.
vest immediately upon the birth of the child exclusively in each 174
intended parent; 175
(b) Declaring that the gestational carrier and the 176
gestational carrier's spouse, if applicable, are not the legal 177
parents of the child; 178
(c) Authorizing the Mississippi State Department of 179
Health to issue an initial birth certificate in accordance with 180
the parentage order entered by the Chancery Court; 181
(d) For other relief the Chancery Court determines 182
necessary and proper. 183
(2) All parties to the gestational carrier agreement must 184
join in such proceeding. 185
(3) Venue for judicial determination of parentage under 186
Section 6 of this act shall be proper in the county where a 187
gestational carrier resides, the county where the intended parent 188
resides or the county where the birth is scheduled to take place. 189
SECTION 7. This act shall take effect and be in force from 190
and after July 1, 2026. 191