Mississippi Surrogacy and In Vitro Child and Parent Act; enact.
Impact
This act aims to provide legal clarity regarding parental rights and responsibilities involving children conceived through assisted reproductive technologies. By establishing requirements for preplanned adoption agreements and gestational surrogacy contracts, the bill seeks to streamline processes around parental affirmation following birth, ensuring that intended parents can adopt or affirm their parental status expeditiously. Moreover, it introduces protections for all parties involved, including ensuring that gestational surrogates relinquish parental rights after the child’s birth, creating a structured environment for all participants in surrogacy agreements.
Summary
Senate Bill 2153, titled the Mississippi Surrogacy and In Vitro Child and Parent Act, is a comprehensive law that focuses on the regulations surrounding surrogacy and in vitro fertilization (IVF). The bill provides necessary definitions related to assisted reproductive technologies and establishes requirements for the donation of eggs, sperm, or pre-embryos. Notably, it defines the roles of intended parents and gestational surrogates while ensuring that contracts made between them comply with legal stipulations. This includes that both parties must be at least twenty-one years old at the time of entering their contracts.
Contention
While the bill is designed to protect the rights of commissioning parents, gestational surrogates, and the children involved, there are potential points of contention surrounding parental rights and the degree of financial compensation that surrogates may receive. The legislation explicitly dictates that compensation for surrogates shall cover only reasonable medical and living expenses directly tied to the pregnancy, excluding any additional forms of financial remuneration. Furthermore, the professional conduct of attorneys involved in drafting agreements is regulated, potentially impacting their ability to represent multiple clients effectively. These aspects may lead to debates about the fairness and ethical considerations involved in surrogacy arrangements.
Assisted reproduction rights and responsibilities updated, surrogacy agreement requirements created, and recordkeeping and information sharing provided for genetic donation.
In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.