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What's the status of frozen embryo adoption in Mississippi?

The means of creating a family have changed a great deal in recent decades. There is always the natural method. But with the advances being made in artificial reproductive technology, the possibilities would seem to be nearly endless.

However, just because we have the capability to foster creation through such methods doesn't mean that everyone is on the same page regarding whether it should be done. This has created something of a dilemma that has yet to be resolved.

Of particular concern for many is the question of what should happen to frozen embryos that are not likely to be used? Anyone who stays up to speed on current events knows that such disputes do crop up. Perhaps one ex-partner wants to use the embryos to start a family while the other wants them destroyed. Most of the time, these issues depend on contracts to achieve resolution.

In Mississippi, the question remains unsettled in many ways as a recent article in the Mississippi Law Journal notes. And other states have taken different approaches in addressing the question.

In Louisiana, the Legislature has declared that a frozen human embryo be considered a juridical person. That means it is not property and has some semblance of rights. Another couple may adopt an embryo, but state adoption laws apply. That means courts have the power to decide against such a move using the tenet of the best interest of the child.

Efforts have been made in Mississippi to grant personhood status on embryos (Proposition 26). But none have succeeded.

This is only one of many issues in family law that people in Mississippi may be faced with on any given day. Where questions are many and answers few, it's always advised to work closely with an experienced attorney.

Source:, "Disputes over frozen embryos," accessed Aug. 21, 2015

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