Laws
State Laws
Mississippi Custody and Visitation Law
Courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. There have been no cases dealing with transgender parents or same-sex co-parents.
Mississippi Donor Insemination Law
There is no provision on donor insemination in Mississippi state law.
Mississippi Surrogacy Law
It is unclear how Mississippi law would treat a surrogacy agreement that includes lesbian, gay, bisexual or transgender (LGBT) individuals because there are no statutory provisions or published cases dealing with the issue of surrogacy. However, the blatant discrimination of Mississippi’s adoption law, which states that “couples of the same gender” may not petition to adopt a child, suggests that the law would not look favorably upon a surrogacy agreement involving LGBT individuals.
Missouri Adoption Law
Missouri Custody and Visitation Law
Missouri courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Missouri courts have considered a parent’s gender identity or expression in making custody and visitation determinations. Missouri courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.
Missouri Donor Insemination Law
There is no provision in Missouri law on donor insemination performed on an unmarried woman.
Missouri School Laws
Missouri law does not explicitly address school issues relating to sexual orientation or gender identity
Missouri Surrogacy Law
Missouri law does not directly address surrogacy agreements; however, it is possible that they are in violation of the state’s “child trafficking” laws. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Montana Adoption Law
Montana Custody and Visitation Law
There have been no cases dealing with lesbian, gay or bisexual parents or same-sex co-parents. Courts typically will not consider a parent’s gender identity or expression in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren).