What if the biological parent lives in Mississippi but I live in another state?

Where you file depends on where you and the child live, not just on where the biological parent lives, so a parent in Mississippi does not automatically mean a Mississippi court. Before you file anywhere, confirm with the Chancery Court clerk in the Mississippi parent's county, or with an attorney, which state's court can hear your case. That answer turns on your family's facts.

If the case is filed in Mississippi:

• The court is the Chancery Court in one of Mississippi's 82 counties.
• Mississippi's residency rule is 6 months (Miss. Code § 93-17-3). Ask the clerk how it applies when you live in another state.
• If your child is 14 or older, the child's consent is required (Miss. Code § 93-17-5).
• A home study is waived for stepparent adoptions (Miss. Code § 93-17-11).
• A stepparent adoption typically takes 3-6 months.
• The court filing fee typically runs $150-$300, and the total cost is typically under $1,000.

Dealing with a parent who lives in Mississippi: A Mississippi parent becomes part of the adoption either by being served with the papers or by filing a consent (Miss. Code § 93-17-5). In practice:

• A cooperative parent can sign a consent. Ask the clerk what form the signature needs, such as notarization.
• Personal service can be done by a sheriff or process server in Mississippi.
• Service by publication is allowed if the parent's location is unknown.

If the parent will not consent: Mississippi's abandonment period is 12 months (Miss. Code § 93-15-103). Whether a particular situation meets that standard depends on the facts, so talk to an attorney about any contested case or any parent who cannot be found.

Practical steps for your situation:

• Write down where you, the child, and the other parent each live now, and how long you have lived there.
• Call the Chancery Court clerk in the Mississippi parent's county and ask how an out-of-state petitioner proceeds.
• Check the rules of the court in your own state as well, since you live there.
• Ask an attorney about any point that is disputed or uncertain.

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.