Can I adopt my stepchild who is a newborn or infant in Mississippi?

Yes. You can ask the Chancery Court in your county to approve a stepparent adoption of a stepchild who is a newborn or infant, as long as you meet Mississippi's requirements. The materials we rely on list no minimum age for the child, so the focus is on your eligibility, the consents, and the filing steps. If you want to confirm anything about a very young child, the Chancery Court clerk in your county can tell you.

Who can adopt: Mississippi requires adopting parents to be at least 21 or at least 10 years older than the child. You also need to be married to the child's parent, and your spouse's consent to the adoption is part of the paperwork.

Residency: Miss. Code § 93-17-3 sets a 6-month residency rule. Because a baby is so young, ask the clerk how it applies to your family if you or the child have moved recently.

Consent with a newborn or infant:

• The child: Mississippi requires a child's own consent at age 14 under Miss. Code § 93-17-5. A baby is far below that, so no consent from the child is involved.
• The other biological parent: Under Miss. Code § 93-17-5, parents are brought into the case either by being served with the court papers or by filing a consent. If the other parent agrees, a consent form is filed. If you don't have that consent, you can file a motion to waive it.
• Service: Mississippi allows personal service by a sheriff or process server, or service by publication if the other parent's location is unknown.
• Abandonment: Miss. Code § 93-15-103 uses a 12-month period. With a newborn, whether that period applies to your situation depends on the facts. If the other parent is unknown, uninvolved, or objects, talk to an attorney or the clerk about your specific case.

Home study: Miss. Code § 93-17-11 provides that a home study is waived for stepparent adoptions, so you generally don't need to schedule one.

Cost and timeline:

• Court filing fees run about $150