Can my spouse adopt my child from a previous relationship in Mississippi?

Yes, your spouse can adopt your child from a previous relationship in Mississippi. This is called a stepparent adoption, and it is handled by the Chancery Court in the county where you file. Mississippi has 82 counties, and each has its own Chancery Court clerk's office.

What the process looks like

• Petition: You file a Petition for Adoption in Chancery Court.
• Spouse's consent: Your spouse, the adopting stepparent, signs a consent to the adoption.
• Other parent: The child's other legal parent either signs a consent form or you ask the court to waive that consent.
• Child's consent: A child who is 14 has a consent role under Miss. Code § 93-17-5.
• Residency: Mississippi uses a 6-month residency period, found in Miss. Code § 93-17-3. Your county's Chancery Court clerk can confirm exactly how it applies to your family.

If the other parent won't sign

Mississippi has a 12-month abandonment period in Miss. Code § 93-15-103. Whether your situation qualifies depends on your facts, such as the history of contact and support. If the other parent is contested, or you don't know where they are, speak with an attorney or the Chancery Court clerk about your specific case. Mississippi allows personal service by a sheriff or process server, and service by publication if the other parent's location is unknown.

Home study

Mississippi waives the home study for stepparent adoptions under Miss. Code § 93-17-11. That removes a step that can add time and cost in other kinds of adoption.

Timeline and cost

• Timeline: Stepparent adoptions in Mississippi typically take about 3-6 months.
• Court filing fee: The range is $150-$300.
• Total cost: A family filing on its own can typically keep the total under $1,000. Hiring an attorney commonly runs $3,000-$5,000+.

After the adoption

Once the adoption is final, you can ask the Mississippi State Department of Health Vital Records about updating the child's records. Ask them what paperwork they need so you can bring it with you.

Where to check the law

The adoption rules are in Mississippi Code Title 93, Chapter 17. The sections most relevant to your question are Miss. Code § 93-17-3, Miss. Code § 93-17-5, and Miss. Code § 93-17-7.

Every family's situation is a little different, especially when the other parent's consent is uncertain.