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How do I adopt my stepson or stepdaughter in Mississippi?

3 min readHelping families since 2001Mississippi
In this answer · 1 sections

To adopt your stepchild in Mississippi, you file a petition for adoption in the Chancery Court in your county, gather the required consents (or ask the court to waive them), complete service on the people who must be notified, and finish the court process with a final decree. The law is found in Mississippi Code Title 93, Chapter 17, and the process is the same across all 82 counties.

Who can adopt. Mississippi requires adopting parents to be at least 21 or at least 10 years older than the child. Your spouse, the child's parent, must also consent to the adoption.

Residency. Mississippi's residency period is 6 months under Miss. Code § 93-17-3. The Chancery Court clerk in your county can confirm how it applies to your family.

The basic steps:

  • Petition. You file a Petition for Adoption with the Chancery Court. Court filing fees typically run $150-$300.
  • Consents. You prepare consent forms, including your spouse's consent, or a motion to waive consent where a consent cannot be obtained.
  • Child's consent. Mississippi sets the child's consent age at 14 under Miss. Code § 93-17-5. If your stepchild is 14 or older, plan for that consent.
  • Service. Mississippi allows personal service by a sheriff or process server, and service by publication if a person's location is unknown.
  • Hearing and decree. The court reviews your case. Miss. Code § 93-17-11 describes an interlocutory decree and a final decree.

Home study. A home study is generally required in Mississippi, but stepparent adoptions are an exception under Miss. Code § 93-17-11, so a stepparent adoption is handled without one.

If the other parent won't consent. This is where cases become fact-specific. Mississippi's abandonment provision, Miss. Code § 93-15-103, refers to a 12-month period. Whether it applies to you, and how the court would handle a contested case or a parent who cannot be found, depends on your facts. For that specific issue, ask the Chancery Court clerk in your county or talk with an attorney.

Timeline and cost. A stepparent adoption in Mississippi typically takes 3-6 months. Total cost is typically under $1,000 when you handle the filing yourself, compared with $3,000-$5,000+ when you hire an attorney.

After the decree. Once the adoption is final, the Mississippi State Department of Health Vital Records is the agency to contact about the child's records. They can explain their process for updating them.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and they come with a 100% court acceptance guarantee. We have helped 454 Mississippi families.

Stepparent adoption in Mississippi at a glance

Court
Chancery Court
Residency before filing
6 months
Typical timeline
3-6 months
Court filing fee
$150-$300
Child must consent at age
14
Home study
Usually waived for stepparents
Mississippi families we've helped
454

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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