reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-105 - Jurisdiction and venue

(1)
The chancery court has original exclusive jurisdiction over all termination of parental rights proceedings except when a county court sitting as a youth court has acquired jurisdiction of a child in an abuse or neglect proceeding, then the county court shall have original exclusive jurisdiction to hear petitions for both voluntary and involuntary termination of parental rights actions against a parent of that child pursuant to the procedures of this chapter.
(2)
(a)
Venue in a county court sitting as a youth court for any termination of parental rights proceedings shall be in the county in which the court has jurisdiction of the child in the abuse or neglect proceedings. Venue in chancery court for termination of parental rights proceedings shall be proper either in the county in which the defendant resides, the child resides or in the county where an agency or institution having custody of the child is located.
(b)
Transfers of venue shall be governed by the Mississippi Rules of Civil Procedure.
Amended by Laws, 2023, ch. 485, HB 1111,§ 1, eff. 7/1/2023.
Amended by Laws, 2020, ch. 328, HB 1129,§ 1, eff. 7/1/2020.
Added by Laws, 2016, ch. 431, HB 1240, 4, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-109 - Surrender of a child to the Department of Child Protection Services, a home or other agency, or emergency medical services provider

(1)
A parent may accomplish the surrender of a child to the Department of Child Protection Services or to a home by:
(a)
Delivering the child to the Department of Child Protection Services or the home;
(b)
Executing an affidavit of a written agreement that names the child and which vests in the Department of Child Protection Services or the home the exclusive custody, care and control of the child; and
(c)
Executing a written voluntary release as set forth in Section
93-15-111(1)
.
(2)
If a child has been surrendered to a home or other agency operating under the laws of another state, and the child is delivered into the custody of a petitioner or home within this state, the execution of consent by the nonresident home or agency shall be sufficient.
(3)
A parent may accomplish the surrender of a child to an emergency medical services provider pursuant to Sections
43-15-201
et seq. Nothing in this section shall be construed to limit or restrict the delivery and surrender of a child to an emergency medical services provider pursuant to Section
43-15-201
et seq.
Amended by Laws, 2023, ch. 518, HB 1318,§ 8, eff. 4/19/2023.
Amended by Laws, 2017, ch. 372, SB 2342, 3, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 6, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-111 - Termination by written voluntary release

(1)
The court shall accept the parent's written voluntary release if it meets the following minimum requirements:
(a)
Is signed under oath and dated at least seventy-two (72) hours after the birth of the child;
(b)
States the parent's full name, the relationship of the parent to the child, and the parent's address;
(c)
States the child's full name, date of birth, time of birth if known, and place of birth as indicated on the birth certificate;
(d)
Identifies the governmental agency or home to which the child has been surrendered, if any;
(e)
States the parent's consent to adoption of the child and waiver of service of process for any future adoption proceedings;
(f)
Acknowledges that the termination of the parent's parental rights and that the subsequent adoption of the child may significantly affect, or even eliminate, the parent's right to inherit from the child under the laws of Descent and Distribution (Chapter 1, Title 91, Mississippi Code of 1972);
(g)
Acknowledges that all provisions of the written voluntary release were entered into knowingly, intelligently, and voluntarily; and
(h)
Acknowledges that the parent is entitled to consult an attorney regarding the parent's parental rights.
(2)
The court's order accepting the parent's written voluntary release terminates all of the parent's parental rights to the child, including, but not limited to, the parental right to control or withhold consent to an adoption. The written voluntary release shall serve as a waiver of the parent's right to have a hearing on acceptance of the release.
Amended by Laws, 2024, ch. 531, SB 2792,§ 3, eff. 7/1/2024.
Amended by Laws, 2017, ch. 372, SB 2342, 4, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 7, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-113 - Conduct of hearing for involuntary termination of parental rights; counsel for parent

(1)
A hearing on the involuntary termination of parental rights shall be conducted without a jury and in accordance with the Mississippi Rules of Evidence. The court may exclude the child from the hearing if the court determines that the exclusion of the child from the hearing is in the child's best interest.
(2)
(a)
At the beginning of the involuntary termination of parental rights hearing, the court shall determine whether all necessary parties are present and identify all persons participating in the hearing; determine whether the notice requirements have been complied with and, if not, determine whether the affected parties intelligently waived compliance with the notice requirements; explain to the parent the purpose of the hearing, the standard of proof required for terminating parental rights, and the consequences if the parent's parental rights are terminated. The court shall also explain to the parent:
(i)
The right to counsel;
(ii)
The right to remain silent;
(iii)
The right to subpoena witnesses;
(iv)
The right to confront and cross-examine witnesses; and
(v)
The right to appeal, including the right to a transcript of the proceedings.
(b)
The court shall then determine whether the parent before the court is represented by counsel. If the parent wishes to retain counsel, the court shall continue the hearing for a reasonable time to allow the parent to obtain and consult with counsel of the parent's own choosing. If an indigent parent does not have counsel, the court shall determine whether the parent is entitled to appointed counsel under the Constitution of the United States, the Mississippi Constitution of 1890, or statutory law and, if so, appoint counsel for the parent and then continue the hearing for a reasonable time to allow the parent to consult with the appointed counsel. The setting of fees for court-appointed counsel and the assessment of those fees are in the discretion of the court.
Amended by Laws, 2017, ch. 372, SB 2342, 5, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 8, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-115 - Involuntary termination when child in care and custody or under the supervision of the Department of Child Protection Services pursuant to youth court proceedings and reasonable efforts for reunification are required; standard of proof

When reasonable efforts for reunification are required for a child who is in the custody of, or under the supervision of, the Department of Child Protection Services pursuant to youth court proceedings, the court hearing a petition under this chapter may terminate the parental rights of a parent if, after conducting an evidentiary hearing, the court finds by clear and convincing evidence that:
(a)
The child has been adjudicated abused or neglected;
(b)
The child has been in the custody and care of, or under the supervision of, the Department of Child Protection Services for at least six (6) months, and, in that time period, the Department of Child Protection Services has developed a service plan for the reunification of the parent and the child;
(c)
A permanency hearing, or a permanency review hearing, has been conducted pursuant to the Uniform Rules of Youth Court Practice and the court has found that the Department of Child Protection Services, or a licensed child caring agency under its supervision, has made reasonable efforts over a reasonable period to diligently assist the parent in complying with the service plan but the parent has failed to substantially comply with the terms and conditions of the plan and that reunification with the abusive or neglectful parent is not in the best interests of the child; and
(d)
Termination of the parent's parental rights is appropriate because reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome based on one or more of the grounds set out in Section
93-15-119
or
93-15-121
.
Amended by Laws, 2017, ch. 372, SB 2342, 6, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 9, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-117 - Involuntary termination when child in care and custody or under supervision of the Department of Child Protection Services pursuant to youth court proceedings and reasonable efforts for reunification are not required; standard of proof

When reasonable efforts for reunification are not required, a court hearing a petition under this chapter may terminate the parental rights of a parent if, after conducting an evidentiary hearing, the court finds by clear and convincing evidence:
(a)
That the child has been adjudicated abused or neglected;
(b)
That the child has been in the custody and care of, or under the supervision of, the Department of Child Protection Services for at least sixty (60) days and the Department of Child Protection Services is not required to make reasonable efforts for the reunification of the parent and the child pursuant to Section
43-21-603(7)(c)
of the Mississippi Youth Court Law;
(c)
That a permanency hearing, or a permanency review hearing, has been conducted pursuant to the Uniform Rules of Youth Court Practice and the court has found that reunification with the abusive or neglectful parent is not in the best interests of the child; and
(d)
That termination of the parent's parental rights is appropriate because reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome based on one or more of the following grounds:
(i)
The basis for bypassing the reasonable efforts for reunification of the parent and child under Section
43-21-603(7)(c)
is established by clear and convincing evidence; or
(ii)
Any ground listed in Section
93-15-119
or
93-15-121
is established by clear and convincing evidence.
Amended by Laws, 2017, ch. 372, SB 2342, 7, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 10, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-119 - Involuntary termination in chancery court for reasons of abandonment, desertion, or parental unfitness to raise the child; standard of proof

(1)
A court hearing a petition under this chapter may terminate the parental rights of a parent when, after conducting an evidentiary hearing, the court finds by clear and convincing evidence:
(a)
(i)
That the parent has engaged in conduct constituting abandonment or desertion of the child, as defined in Section
93-15-103
, or is mentally, morally, or otherwise unfit to raise the child, which shall be established by showing past or present conduct of the parent that demonstrates a substantial risk of compromising or endangering the child's safety and welfare; and
(ii)
That termination of the parent's parental rights is appropriate because reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome; or
(b)
That a parent has committed against the other parent a sexual act that is unlawful under Section
97-3-65
or
97-3-95
, or under a similar law of another state, territory, possession or Native American tribe where the offense occurred, and that the child was conceived as a result of the unlawful sexual act. A criminal conviction of the unlawful sexual act is not required to terminate the offending parent's parental rights under this paragraph (b).
(2)
An allegation of desertion may be fully rebutted by proof that the parent, in accordance with the parent's means and knowledge of the mother's pregnancy or the child's birth, either:
(a)
Provided financial support, including, but not limited to, the payment of consistent support to the mother during her pregnancy, contributions to the payment of the medical expenses of the pregnancy and birth, and contributions of consistent support of the child after birth; frequently and consistently visited the child after birth; and is now willing and able to assume legal and physical care of the child; or
(b)
Was willing to provide financial support and to make visitations with the child, but reasonable attempts to do so were thwarted by the mother or her agents, and that the parent is now willing and able to assume legal and physical care of the child.
(3)
The court shall inquire as to the military status of an absent parent before conducting an evidentiary hearing under this section.
Amended by Laws, 2017, ch. 372, SB 2342, 8, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 11, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-123 - Court discretion not to terminate

Notwithstanding any other provision of this chapter, the court may exercise its discretion not to terminate the parent's parental rights in a proceeding under this chapter if the child's safety and welfare will not be compromised or endangered and terminating the parent's parental right is not in the child's best interests based on one or more of the following factors:
(a)
The Department of Child Protection Services has documented compelling and extraordinary reasons why terminating the parent's parental rights would not be in the child's best interests;
(b)
There is a likelihood that continuing reasonable efforts for achieving reunification will be successful;
(c)
Terminating the parent's parental rights would inappropriately relieve the parent of the parent's financial or support obligations to the child; or
(d)
The child is being cared for by the other parent, or a relative, guardian, or custodian, in a residence not occupied by the abusive or neglectful parent and terminating the parent's parental rights would not expedite the process for obtaining a satisfactory permanency outcome.
Amended by Laws, 2017, ch. 372, SB 2342, 10, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 13, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-125 - Compliance with Indian Child Welfare Act

In any proceeding under this chapter, where the court knows or has reason to know that an Indian child is involved, the court must comply with the Indian Child Welfare Act (25 USCS Section 1901 et seq.) in regard to notice, appointment of counsel, examination of reports or other documents, remedial services and rehabilitation programs, and other protections the act provides. Additionally, no termination of parental rights may be ordered in the proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent is likely to result in serious emotional or physical damage to the Indian child.
Added by Laws, 2016, ch. 431, HB 1240, 14, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-127 - Effect on another parent's rights

Termination under this chapter of a parent's parental rights does not affect the parental rights of another parent.
Added by Laws, 2016, ch. 431, HB 1240, 15, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-129 - Petitions involving sexual abuse or serious bodily injury treated as preference case

In any case where a child has been removed from the custody and care of the parent due to sexual abuse or serious bodily injury to the child, or is not living in the home of the offending parent, the court shall treat the petition for termination of parental rights as a preference case to be determined with all reasonable expedition.
Added by Laws, 2016, ch. 431, HB 1240, 16, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-131 - Post-judgment proceedings

(1)
If the court does not terminate the parent's parental rights, the custody and care of the child shall continue with the person, agency, or institution that is holding custody of the child at the time the judgment is rendered, or the court may grant custody to the parent whose rights were sought to be terminated if that is in the best interest of the child. If the Department of Child Protection Services has legal custody of the child, the court must conduct a permanency hearing and permanency review hearings as required under the Mississippi Youth Court Law and the Mississippi Uniform Rules of Youth Court Practice.
(2)
If the court terminates the parent's parental rights, the court shall place the child in the custody and care of the other parent or some suitable person, agency, or institution until an adoption or some other permanent living arrangement is achieved. No notice of adoption proceedings or any other subsequent proceedings pertaining to the custody and care of the child shall be given to a parent whose rights have been terminated.
Amended by Laws, 2017, ch. 372, SB 2342, 11, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 17, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 15 - MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW (§§ 93-15-NEW — 93-15-133) › Section 93-15-133 - Review by Supreme Court

Appeal from a final judgment on the termination of parental rights under this chapter shall be to the Supreme Court of Mississippi pursuant to the Mississippi Rules of Appellate Procedure.
Added by Laws, 2016, ch. 431, HB 1240, 18, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 16 - GRANDPARENTS' VISITATION RIGHTS (§§ 93-16-1 — 93-16-7) › Section 93-16-1 - Jurisdiction of court to grant grandparents visitation rights with minor child

Any court of this state which is competent to decide child custody matters shall have jurisdiction to grant visitation rights with a minor child or children to the grandparents of such minor child or children as provided in this chapter.
Laws, 1983, ch. 497, § 1; Laws, 1990, ch. 537, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 16 - GRANDPARENTS' VISITATION RIGHTS (§§ 93-16-1 — 93-16-7) › Section 93-16-3 - Who may petition for visitation rights; when; court in which to file petition

(1)
Whenever a court of this state enters a decree or order awarding custody of a minor child to one (1) of the parents of the child or terminating the parental rights of one (1) of the parents of a minor child, or whenever one (1) of the parents of a minor child dies, either parent of the child's parents may petition the court in which the decree or order was rendered or, in the case of the death of a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with the child.
(2)
Any grandparent who is not authorized to petition for visitation rights pursuant to subsection (1) of this section may petition the chancery court and seek visitation rights with his or her grandchild, and the court may grant visitation rights to the grandparent, provided the court finds:
(a)
That the grandparent of the child had established a viable relationship with the child and the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child; and
(b)
That visitation rights of the grandparent with the child would be in the best interests of the child.
(3)
For purposes of subsection (2) of this section, the term "viable relationship" means a relationship in which the grandparents or either of them have voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months before filing any petition for visitation rights with the child, the grandparents have had frequent visitation including occasional overnight visitation with said child for a period of not less than one (1) year, or the child has been cared for by the grandparents or either of them over a significant period of time during the time the parent has been in jail or on military duty that necessitates the absence of the parent from the home.
(4)
Any petition for visitation rights under subsection (2) of this section shall be filed in the county where an order of custody as to the child has previously been entered. If no custody order has been entered, then the grandparents' petition shall be filed in the county where the child resides or may be found. Upon a showing of financial hardship for the parents, the court shall on motion of the parent or parents direct the grandparents to pay reasonable attorney's fees to the parent or parents at any time, including before a hearing, without regard to the outcome of the petition.
Laws, 1983, ch. 497, § 1; Laws, 1986, ch. 421, § 1; Laws, 1990, ch. 537, § 2; Laws, 1992, ch. 566, § 1; Laws, 2009, ch. 340, § 1, eff. 7/1/2009.
Amended by Laws, 2019, ch. 404, HB 1096,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 16 - GRANDPARENTS' VISITATION RIGHTS (§§ 93-16-1 — 93-16-7) › Section 93-16-5 - Parties to proceeding; discretion of court in granting, enforcing, modifying or terminating rights

All persons required to be made parties in child custody proceedings or proceedings for the termination of parental rights shall be made parties to any proceeding in which a grandparent of a minor child or children seeks to obtain visitation rights with such minor child or children; and the court may, in its discretion, if it finds that such visitation rights would be in the best interest of the child, grant to a grandparent reasonable visitation rights with the child. Whenever visitation rights are granted to a grandparent, the court may issue such orders as shall be necessary to enforce such rights and may modify or terminate such visitation rights for cause at any time.
Laws, 1983, ch. 497, § 1, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 16 - GRANDPARENTS' VISITATION RIGHTS (§§ 93-16-1 — 93-16-7) › Section 93-16-7 - Application of chapter

This chapter shall not apply to the granting of visitation rights to the natural grandparents of any child who has been adopted by order or decree of any court unless:
(a)
one (1) of the legal parents of such child is also a natural parent of such child; or
(b)
one (1) of the legal parents of such child was related to the child by blood or marriage prior to the adoption. This chapter shall apply to persons who become grandparents of a child by virtue of adoption.
Laws, 1983, ch. 497, § 2; Laws, 1986, ch. 421, § 2; Laws, 1990, ch. 537, § 3, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-1 - Jurisdiction to alter names and legitimate offspring; legitimation by subsequent marriage

(1)
The chancery court or the chancellor in vacation, of the county of the residence of the petitioners shall have jurisdiction upon the petition of any person to alter the names of such person, to make legitimate any living offspring of the petitioner not born in wedlock, and to decree said offspring to be an heir of the petitioner.
(2)
An illegitimate child shall become a legitimate child of the natural father if the natural father marries the natural mother and acknowledges the child.
Codes, 1942, § 1269-01; Laws, 1955, Ex. ch. 34, § 1; Laws, 1981, ch. 529, § 5, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-5 - Parties to adoption proceeding; consent of child

(1)
There shall be made parties to the proceeding by process or by the filing therein of a consent to the adoption proposed in the petition, which consent shall be duly sworn to or acknowledged and executed only by the following persons, but not before seventy-two (72) hours after the birth of the child:
(a)
The parents, or parent, if only one (1) parent, though either be under the age of twenty-one (21) years;
(b)
If both parents are dead, then any two (2) adult kin of the child within the third degree computed according to the civil law; if one of such kin is in possession of the child, he or she shall join in the petition or be made a party to the suit; or
(c)
The guardian ad litem of an abandoned child, upon petition showing that the names of the parents of the child are unknown after diligent search and inquiry by the petitioners. In addition to the above, there shall be made parties to any proceeding to adopt a child, either by process or by the filing of a consent to the adoption proposed in the petition, the following:
(i)
Those persons having physical custody of the child, except persons who are acting as foster parents as a result of placement with them by the Department of Child Protection Services of the State of Mississippi.
(ii)
Any person to whom custody of the child may have been awarded by a court of competent jurisdiction of the State of Mississippi.
(iii)
The agent of the Department of Child Protection Services of the State of Mississippi that has placed a child in foster care, either by agreement or by court order.
(2)
The consent may also be executed and filed by the duly authorized officer or representative of a home to whose care the child has been delivered. The child shall join the petition by the child's next friend.
(3)
If consent is not filed, process shall be had upon the parties as provided by law for process in person or by publication, if they are nonresidents of the state or are not found therein after diligent search and inquiry, the court or chancellor in vacation may fix a date in termtime or in vacation to which process may be returnable and shall have power to proceed in termtime or vacation. In any event, if the child is more than fourteen (14) years of age, a consent to the adoption, sworn to or acknowledged by the child, shall also be required or personal service of process shall be had upon the child in the same manner and in the same effect as if the child were an adult.
Codes, 1942, § 1269-03; Laws, 1955, Ex. ch. 34, § 3; Laws, 1964, ch. 309, §§ 1, 2; Laws, 1998, ch. 516, § 13; Laws, 1999, ch. 507, § 1; Laws, 2002, ch. 533, § 1, eff. 7/1/2002.
Amended by Laws, 2023, ch. 516, HB 1149,§ 80, eff. 7/1/2023.
Amended by Laws, 2016, ch. 431, HB 1240, 19, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-7 - Parental objection; causes for termination of parental rights

(1)
No infant shall be adopted to any person if a parent whose parental rights have not been terminated under the Mississippi Termination of Parental Rights Law, after having been summoned, shall appear and object thereto before the making of a decree for adoption. A parent shall not be summoned in the adoption proceedings nor have the right to object thereto if the parental rights of the parent have been terminated by the procedure set forth in the Mississippi Termination of Parental Rights Law (Section
93-15-101
et seq.), and the termination shall be res judicata on the question of parental abandonment or unfitness in the adoption proceedings.
(2)
No person, whether claiming to be the parent of the child or not, has standing to object to the adoption if:
(a)
A final judgment for adoption that comports with all applicable state and federal laws has been entered by a court; and
(b)
Notice to the parties of the action, whether known or unknown, has been made in compliance with Section
93-17-5
.
Codes, 1942, § 1269-09; Laws, 1955, Ex. ch. 34, § 9; Laws, 1968, ch. 323, § 1; Laws, 1980, ch. 485, § 6; Laws, 1986, ch. 379; Laws, 1998, ch. 516, § 15; Laws, 1999, ch. 507, § 3; Laws, 2002, ch. 533, § 3, eff. 7/1/2002.
Amended by Laws, 2016, ch. 431, HB 1240, 21, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-9 - [Repealed]

Codes, 1942, § 1269-04; Laws, 1955, Ex. ch. 34, § 4; Laws, 1998, ch. 516, § 17, eff. 7/1/1998.
Repealed by Laws, 2016, ch. 431, HB 1240, 22, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-12 - Authority of court to impose fee for court-ordered home study relating to child custody matters and in all adoptions

In any child custody matter hereafter filed in any chancery or county court in which temporary or permanent custody has already been placed with a parent or guardian and in all adoptions, the court shall impose a fee for any court-ordered home study performed by the Department of Child Protection Services or any other entity. The fee shall be assessed upon either party or upon both parties in the court's discretion. The minimum fee imposed shall be not less than Three Hundred Fifty Dollars ($350.00) for each household on which a home study is performed. The fee shall be paid directly to the Mississippi Department of Child Protection Services prior to the home study being conducted by the department or to the entity if the study is performed by another entity. The judge may order the fee be paid by one or both of the parents or guardian. If the court determines that both parents or the guardian are unable to pay the fee, the judge shall waive the fee and the cost of the home study shall be defrayed by the Department of Child Protection Services.
Laws, 1993, ch. 524, § 1; Laws, 2000, ch. 462, § 1; Laws, 2003, ch. 345, § 1; Laws, 2007, ch. 496, § 5, eff. 7/1/2007.
Amended by Laws, 2023, ch. 516, HB 1149,§ 83, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-14 - Home study in international adoptions valid for 24 months

In the case of international adoptions, a home study of the prospective adopting parents shall be valid for a period of twenty-four (24) months from the date of completion.
Laws, 2007, ch. 496, § 7; Laws, 2008, ch. 314, § 1, eff. 7/1/2008.
Reenacted by Laws, 2014, ch. 385, SB 2180, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-15 - Limitation on action to set aside final decree

No action shall be brought to set aside any final decree of adoption, whether granted upon consent or personal process or on process by publication, except within six (6) months of the entry thereof.
Codes, 1942, § 1269-06; Laws, 1955, Ex. ch. 34, § 6; Laws, 1958, chs. 267, 285, § 2; Laws, 1971, ch. 399, § 1, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-17 - Grounds for setting aside proceedings limited

For all purposes of this chapter, the chancery court shall be a court of general jurisdiction and it is declared to be the public policy of the state that no adoption proceedings shall be permitted to be set aside except for jurisdictional defects and for failure to file and prosecute the same under the provisions of this chapter.
Codes, 1942, § 1269-07; Laws, 1955, Ex. ch. 34, § 7, eff. 7/1/1955.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-19 - Costs

All costs of the proceeding shall be taxed in the manner that the court may direct, including a reasonable fee as determined, approved, and allowed by the court to be paid for each investigation that may be authorized or required by the chancellor, other than for an investigation and report by a public authority or agency, in which event no such fee shall be allowed.
Codes, 1942, § 1269-08; Laws, 1955, Ex. ch. 34, § 8, eff. 7/1/1955.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-23 - Re-adoption

Any child heretofore adopted under the laws of the State of Mississippi and any child who may have been adopted under the provisions of this chapter, may be re-adopted under the provisions hereof. If any such prior adoption is valid, and the re-adoption proceedings be instituted by the persons who previously adopted the child, there shall be no waiting period and no investigation and no interlocutory decree, and a final decree of adoption may be granted by the court ex parte if it be to the best interest of the child that it be re-adopted. If the re-adoption be by any person who was not a petitioner in the prior adoption or adoptions, then in such re-adoption proceedings, the persons who previously adopted the child shall be substituted in the place and stead of the natural parent and the same procedure shall be followed as if such child sought to be re-adopted was being for the first time adopted under the provisions of this chapter.
Codes, 1942, § 1269-07; Laws, 1955, Ex. ch. 34, § 7, eff. 7/1/1955.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-25 - Proceedings and records confidential; use in court or administrative proceedings

All proceedings under this chapter shall be confidential and shall be held in closed court without admittance of any person other than the interested parties, except upon order of the court. All pleadings, reports, files, testimony, exhibits and records pertaining to adoption proceedings shall be confidential and shall not be public records and shall be withheld from inspection or examination by any person, and shall not be disclosed by any person except upon order of the court in which the proceeding was had on good cause shown.
Upon motion of any interested person, the files of adoption proceedings, heretofore had may be placed in the confidential files upon order of the court or chancellor and shall be subject to the provisions of this chapter.
Provided, however, that notwithstanding the confidential nature of said proceedings, said record shall be available for use in any court or administrative proceedings under a subpoena duces tecum addressed to the custodian of said records and portions of such record may be released pursuant to Sections
93-17-201
through
93-17-223
.
Codes, 1942, § 1269-07; Laws, 1955, Ex. ch. 34, § 7; Laws, 1992, ch. 306, § 15, eff. 7/1/1992.
Amended by Laws, 2023, ch. 516, HB 1149,§ 105, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-27 - References to marital status of natural parents prohibited

No reference shall be required to be made to the marital status of the natural parents of the child nor shall any allegation or recital be made therein that the child was born out of wedlock in any petition filed or decree entered upon consent.
Codes, 1942, § 1269-07; Laws, 1955, Ex. ch. 34, § 7, eff. 7/1/1955.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-29 - References to parents and child in docket entries and decrees

The docket entries and decrees spread upon the minutes of the court shall not refer to names of the natural parent or parents nor to the original name of the child. In the decree reference to the child shall be by the name to be conferred upon it by the court rather than by its original name if the name of the child is to be changed. The style of the cause and the docket entry thereof shall recite only the names of the petitioners and that the case is for the adoption of a child described in the petition.
Codes, 1942, § 1269-07; Laws, 1955, Ex. ch. 34, § 7, eff. 7/1/1955.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 1 - IN GENERAL (§§ 93-17-1 — 93-17-31) › Section 93-17-31 - Clerks to keep separate index, docket and minute books

The several chancery clerks shall obtain and keep a separate, confidential index showing the true name of the child adopted, the true name of its natural parent, or parents, if known, and the true name of the persons adopting the child and the date of the decree of adoption, and the name under which the child was adopted, or the name given the child by the adoption proceedings and a cross index shall be kept showing the said true name and the name given the child in the adoption decree, and which index shall be subject to the provisions of Section
93-17-25
as to same being kept in confidence and such index shall not be examined by any person, except officers of the court including attorneys, except upon order of the court, on good cause shown, in which the proceeding was had. The reports shall be filed only if so ordered by the chancellor. The several chancery clerks shall obtain and keep a separate docket and minute book of convenient size which shall be subject to provisions of Sections
93-17-25
through
93-17-31
and in which, from July 1, 1955, all entries concerning adoption shall be made.
Codes, 1942, § 1269-07; Laws, 1955, Ex. ch. 34, § 7, eff. 7/1/1955.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-51 - Short title

Sections
93-17-51
through
93-17-67
shall be known and may be cited as the "Mississippi Adoption Supplemental Benefits Law of 1979."
Laws, 1979, ch. 510, § 1, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-53 - Purpose

The purpose of Sections
93-17-51
through
93-17-67
is to supplement the Mississippi adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department of Child Protection Services as requiring a supplemental benefit to assure adoption.
Laws, 1979, ch. 510, § 2, eff. 7/1/1979.
Amended by Laws, 2023, ch. 516, HB 1149,§ 84, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-55 - Definitions

As used in Sections
93-17-51
through
93-17-67
, the word "child" shall mean a minor as defined by Mississippi law who is:
(a)
A dependent of a public or voluntary licensed child-placing agency, eligible for Supplemental Security Income prior to the finalization of the adoption, one (1) for whom supplemental benefits were paid pursuant to the aforementioned sections in a previous adoption that was dissolved or wherein the adoptive parents died, or is the child of a minor parent in foster care for whom the board payment was increased on account of the birth;
(b)
Legally eligible for adoption; and
(c)
In special circumstances whether:
(i)
Because he has established significant emotional ties with prospective adoptive parents while in their care as a foster child and it is deemed in the best interest of the child by the agency to be adopted by the foster parents, or
(ii)
Because he is not likely to be adopted because of one or more of the following special needs:
1.
severe physical or mental disability,
2.
severe emotional disturbance,
3.
recognized high risk of physical or mental disease,
4.
older than two (2) years of age,
5.
a sibling group to be adopted together, or
6.
any combination of these special needs.
Laws, 1979, ch. 510, § 3; Laws, 2007, ch. 337, § 1, eff. 7/1/2007.
Amended by Laws, 2019, ch. 464, SB 2840,§ 13, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-57 - Supplemental benefits program; funding

The Department of Child Protection Services shall establish and administer an on-going program of supplemental benefits for adoption. Supplemental benefits and services for children under this program shall be provided out of such funds as may be appropriated to the Division of Medicaid for the medical services for children in foster care, or made available to the department from other sources.
Laws, 1979, ch. 510, § 4, eff. 7/1/1979.
Amended by Laws, 2023, ch. 516, HB 1149,§ 85, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-59 - Eligibility

Any child meeting criteria specified in Section
93-17-55
for whom the Department of Child Protection Services feels supplemental benefits are necessary to improve opportunities for adoption will be eligible for the program. The adoption agency shall document that reasonable efforts have been made to place the child in adoption without supplemental benefits through the use of adoption resource exchanges, recruitment and referral to appropriate specialized adoption agencies.
Laws, 1979, ch. 510, § 5, eff. 7/1/1979.
Amended by Laws, 2023, ch. 516, HB 1149,§ 86, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-61 - Agreement with Department of Child Protection Services; commencement of benefits; duration; certification of need

(1)
When parents are found and approved for adoption of a child certified as eligible for supplemental benefits, and before the final decree of adoption is issued, there shall be executed a written agreement between the family entering into the adoption and the Department of Child Protection Services. In individual cases, supplemental benefits may commence with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child's needs. The supplemental benefits may be for special services only or for money payments as allowed under Section
43-13-115
, and either for a limited period, for a long-term not exceeding the child's eighteenth birthday, or for any combination of the foregoing. The amount of the time-limited, long-term supplemental benefits may in no case exceed that which would be currently allowable for such child under the Mississippi Medicaid Law.
(2)
When supplemental benefits last for more than one (1) year, the adoptive parents shall present an annual written certification that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits shall be extended so long as the parents remain legally responsible for and are providing support for the child. The agency shall continue paying benefits until a child reaches twenty-one (21) years of age if the child meets the criteria stated in Section
93-17-67(1)
for continuation of Medicaid coverage.
(3)
A child who is a resident of Mississippi when eligibility for supplemental benefits is certified shall remain eligible and receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter.
Laws, 1979, ch. 510, § 6; Laws, 2007, ch. 337, § 2; Laws, 2008, ch. 541, § 1, eff. 7/1/2008.
Amended by Laws, 2023, ch. 516, HB 1149,§ 87, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 17 - ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN (§§ 93-17-1 — 93-17-307) › Article 3 - ADOPTION SUPPLEMENTAL BENEFITS LAW (§§ 93-17-51 — 93-17-69) › Section 93-17-63 - Confidentiality

All records regarding such adoption shall be confidential. Anyone violating or releasing information of a confidential nature, as contemplated by Sections
93-17-51
through
93-17-67
without the approval of the court with jurisdiction or the Department of Child Protection Services unless such release is made pursuant to Sections
93-17-201
through
93-17-223
shall be guilty of a misdemeanor and subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment of six (6) months, or both.
Laws, 1979, ch. 510, § 7; Laws, 1992, ch. 306, § 16, eff. 7/1/1992.
Amended by Laws, 2023, ch. 516, HB 1149,§ 88, eff. 7/1/2023.