What are the adoption laws in Mississippi?

Mississippi adoption law is found in Mississippi Code Title 93, Chapter 17, and every adoption is handled by the Chancery Court in the county where you file. For stepparent adoptions, the main points are below.

Where you file. Adoption petitions go to the Chancery Court. Mississippi has 82 counties, and each has its own clerk. The clerk can confirm local filing procedures and current forms.

Residency. Miss. Code § 93-17-3 includes a 6-month residency rule. Because who must meet it can depend on your situation, ask the Chancery Court clerk in your county how it applies to you.

Consent. Miss. Code § 93-17-5 covers who must be brought into the case, either by formal service or by signing a consent. In a stepparent adoption, the paperwork typically includes:

• A petition for adoption
• Consent forms, or a motion to waive consent
• Your spouse's consent to the adoption
• Filing with the Chancery Court

A child's own consent comes into play at age 14.

Notifying a parent. Mississippi allows personal service by a sheriff or process server. If a parent's location is unknown, service by publication is allowed.

Abandonment and termination. Mississippi uses a 12-month abandonment period in Miss. Code § 93-15-103. Whether it applies depends on the facts, so if the other parent has been absent or will not consent, talk to an attorney or the Chancery Court clerk about your situation. Termination of parental rights is not a separate step in Mississippi's process.

Home study. Home studies are generally required in Mississippi adoptions, but Miss. Code § 93-17-11 exempts stepparent adoptions.

Timeline. A stepparent adoption typically takes 3-6 months. The court issues an interlocutory decree and then a final decree under Miss. Code § 93-17-11. After the final decree, the Mississippi State Department of Health Vital Records is the agency that handles birth records.

Adult adoption. Mississippi permits adult adoption, also through the Chancery Court. The adoptee's sworn consent is required if over 14, and the chancellor may waive some petition and procedural requirements, including the home study.