How old do you have to be to adopt in Mississippi?

In Mississippi, you need to be an adult to adopt, and in practice that points to age 21. The adoption statute, Miss. Code § 93-17-3, says an unmarried adult or a married person may adopt. Mississippi generally treats anyone under 21 as a minor, so 21 is the safe working number. Our Mississippi requirements list says adopting parents must be at least 21 or at least 10 years older than the child. Because the statute itself speaks only of an "adult," ask the Chancery Court clerk in your county how the age rules apply to your situation before you file.

Stepparents. If you are adopting your spouse's child, the same adult standard applies to you. Your spouse joins the petition and gives consent. Your age matters less than meeting the other basics below.

Other things that matter besides age:

• Court: Stepparent adoptions are filed in Chancery Court. Mississippi has 82 counties, and you file in the county the court rules allow, usually where you or the child live.
• Residency: Mississippi's residency period is 6 months (Miss. Code § 93-17-3).
• Child's consent: A child who is 14 or older must consent to the adoption (Miss. Code § 93-17-5).
• Home study: Stepparent adoptions are exempt from the home study requirement (Miss. Code § 93-17-11).
• Absent parent: If the other legal parent will not consent, abandonment is measured against a 12-month period (Miss. Code § 93-15-103). Contested cases and parents who cannot be found depend on the facts, so talk to the clerk or an attorney about your specific situation.

Adopting an adult. Mississippi also allows the adoption of an adult. The person being adopted must consent. If they are over 14, that means a sworn or acknowledged consent, or personal service as if they were an adult. The petitioner's spouse generally joins the petition. The chancellor may waive some petition and procedural requirements for a consenting adult. A minimum age for adult adoptions is not spelled out in the information we rely on, so confirm it with the clerk.

Cost and timeline. Court filing fees typically run $150-$300, and a stepparent adoption typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.