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Is there an age limit for adult adoption in Mississippi?

2 min readHelping families since 2001Mississippi
In this answer · 2 sections

Mississippi's adoption law sets no specific age cutoff for the person being adopted, and it expressly allows adults to be adopted. The statute says "Any person may be adopted," and it uses the word "child" to mean the person being adopted, "though an adult." Adults are not treated as a special exception. If you have a question about a particular age, the Chancery Court clerk in your county can confirm it.

The adoptee's age: Anyone 18 or older is an adult for this purpose. Mississippi does not require the adoptee and adopter to be related, and it does not require a disability.

The adopter's age: The adoption statute says the adopter must be an unmarried adult or a married person, and it gives no numeric age. Mississippi's general adoption requirements mention adopting parents being at least 21 or at least 10 years older than the child. How that applies when the adoptee is an adult is something the clerk or an attorney can confirm.

  • If the adoptee is over 14, Miss. Code § 93-17-5 calls for a sworn or acknowledged consent, or personal service as if the adoptee were an adult. An adult adoptee therefore gives their own consent.
  • If the adopter is married, the spouse generally joins the petition. The exceptions are when the spouse does not cohabit with the adopter or when the court decides otherwise.
  • Miss. Code § 93-17-5 makes the biological parents parties to an adoption by process or by filing a consent. If your situation involves a living biological parent, ask the clerk or an attorney how it applies to you.

Court and steps:

  • The petition is filed in Chancery Court, in the county where the adopter or the adoptee lives, or in other listed venues.
  • Miss. Code § 93-17-3 describes a 6-month residence rule for minors. It has no adult-specific residency rule, so ask the clerk how residency applies to you.
  • A home study is generally required under Miss. Code § 93-17-11. For a consenting adult adopt

Adult adoption in Mississippi at a glance

Court
Chancery Court
Typical timeline
4-8 weeks
Court filing fee
Confirm the adult-adoption filing fee and any copy charges with your court.
Mississippi families we've helped
454

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Published by Douglas Brown & the StepParent Adoption 360 team

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