Can I adopt my special needs stepchild in Mississippi?

Yes, you can ask the Chancery Court in your county to approve a stepparent adoption of your special needs stepchild in Mississippi. The steps below are the ones that apply to stepparent adoptions generally. If you wonder whether your child's particular disability changes anything, the Chancery Court clerk in your county can confirm it.

Where you file: Stepparent adoptions are filed in Chancery Court in one of Mississippi's 82 counties, such as those serving Jackson, Gulfport, Southaven, Hattiesburg or Biloxi. Filing fees typically run $150-$300.

Residency: Mississippi sets a six-month residency requirement (Miss. Code § 93-17-3).

Who can adopt: Mississippi requires adopting parents to be at least 21 or at least 10 years older than the child.

Consent:

• If your stepchild is 14 or older, the child's consent is required (Miss. Code § 93-17-5).
• Your spouse, as the child's parent, joins in the adoption by consenting. Consent forms, or a motion to waive consent, are part of the filing.
• If your child's disability affects their ability to understand or give consent, the court's handling of that depends on the facts. Ask the clerk or an attorney about that specific situation.
• If the other legal parent will not consent, Mississippi's abandonment period is 12 months (Miss. Code § 93-15-103). Whether it applies to you depends on your facts. A contested case or a parent whose whereabouts are unknown is a good time to talk with an attorney. Mississippi allows service by publication if a location is unknown.

Home study: A home study is waived for stepparent adoptions (Miss. Code § 93-17-11). That can be a relief for families who have already been through many evaluations and appointments.

If your stepchild is an adult: Mississippi's statute allows an adult to be adopted, and the current text lists no relationship or disability requirement. A consenting adult must give a sworn or acknowledged consent if over 14, or be served as an adult would be. Adult adoptions are generally quicker, with a typical timeline of 4-8 weeks. Because adult adoption has its own details, confirm the specifics with the clerk or an attorney.

Timeline: Stepparent adoptions typically take 3-6 months.