reglab/statecodes huggingface dataset:
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 93-17-65 - Promulgation of rules and regulations

The Department of Child Protection Services shall promulgate rules and regulations necessary to implement the provisions of Sections
93-17-51
through
93-17-67
.
Laws, 1979, ch. 510, § 8, eff. 7/1/1979.
Amended by Laws, 2023, ch. 516, HB 1149,§ 89, 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 93-17-69 - Financial support for nonrecurring adoption expenses under certain circumstances

The Department of Child Protection Services is authorized to provide financial support for nonrecurring adoption expenses to any person proposing to adopt a child who is a dependent of a state child-placing agency and who is in special circumstances as defined in paragraph (c) of Section
93-17-55
.
Laws, 1987, ch. 363, eff. 7/1/1987.
Amended by Laws, 2019, ch. 464, SB 2840,§ 15, 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 5 - INTERSTATE AGREEMENTS FOR PROTECTION OF CHILDREN BEING PROVIDED ADOPTION ASSISTANCE (§§ 93-17-101 — 93-17-109) › Section 93-17-101 - Legislative findings; purpose

(1)
The Legislature finds that:
(a)
Locating adoptive families for children for whom state assistance is desirable, pursuant to the Mississippi adoption assistance law, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and
(b)
Providing medical and other necessary services for children, with state assistance, encounters special difficulties when the providing of services takes place in other states.
(2)
The purposes of Sections
93-17-101
through
93-17-109
are to:
(a)
Authorize the Mississippi Department of Child Protection Services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the Mississippi Department of Child Protection Services; and
(b)
Provide procedures for interstate children's adoption assistance payments, including medical payments.
Laws, 1989, ch. 401, § 1, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 90, 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 5 - INTERSTATE AGREEMENTS FOR PROTECTION OF CHILDREN BEING PROVIDED ADOPTION ASSISTANCE (§§ 93-17-101 — 93-17-109) › Section 93-17-103 - Development of interstate compacts; authority of Department of Child Protection Services; definitions

(1)
The Mississippi Department of Child Protection Services is authorized to develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in Sections
93-17-101
through
93-17-109
. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
(2)
For the purposes of Sections
93-17-101
through
93-17-109
, the term "state" shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of or administered by the United States.
(3)
For the purposes of Sections
93-17-101
through
93-17-109
, the term "adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(4)
For the purposes of Sections
93-17-101
through
93-17-109
, the term "residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
Laws, 1989, ch. 401, § 2, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 91, 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 5 - INTERSTATE AGREEMENTS FOR PROTECTION OF CHILDREN BEING PROVIDED ADOPTION ASSISTANCE (§§ 93-17-101 — 93-17-109) › Section 93-17-105 - Interstate compacts; requirements

A compact entered into pursuant to the authority conferred by Sections
93-17-101
through
93-17-109
shall contain the following:
(a)
A provision making the compact available for joinder by all states;
(b)
A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one (1) year between the date of the notice and the effective date of the withdrawal;
(c)
A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(d)
A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and
(e)
Such other provisions as may be appropriate to implement the proper administration of the compact.
Laws, 1989, ch. 401, § 3, eff. 7/1/1989.
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 5 - INTERSTATE AGREEMENTS FOR PROTECTION OF CHILDREN BEING PROVIDED ADOPTION ASSISTANCE (§§ 93-17-101 — 93-17-109) › Section 93-17-107 - Medicaid eligibility; medical assistance identification; penalties for false statement or claim; applicability

(1)
A child with special needs resident in this state who is the subject of an adoption assistance agreement with another state and who has been determined eligible for Medicaid in that state shall be entitled to receive a medical assistance identification from this state upon filing with the Mississippi Department of Child Protection Services a certified copy of the adoption assistance agreement obtained from the adoption assistance state which certifies to the eligibility of the child for Medicaid. In accordance with regulations of the Mississippi Department of Child Protection Services, the adoptive parents shall be required, at least annually, to show that the agreement is still in force or has been renewed.
(2)
The Division of Medicaid, Office of the Governor, shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(3)
The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine not to exceed Ten Thousand Dollars ($10,000.00), or imprisonment for not to exceed two (2) years, or both.
(4)
The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
Laws, 1989, ch. 401, § 4, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 92, 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 5 - INTERSTATE AGREEMENTS FOR PROTECTION OF CHILDREN BEING PROVIDED ADOPTION ASSISTANCE (§§ 93-17-101 — 93-17-109) › Section 93-17-109 - Inclusion of federal aid in certain state plans

Consistent with federal law, the Mississippi Department of Child Protection Services and the Division of Medicaid, Office of the Governor of the State of Mississippi, in connection with the administration of Sections
93-17-101
through
93-17-109
and any compact entered into pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost provided such authority is granted under the provisions of some law of this state other than the provisions of Sections
93-17-101
through
93-17-109
. Such departments shall apply for and administer all relevant federal aid in accordance with law.
Laws, 1989, ch. 401, § 5, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 93, 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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-201 - Short title

Sections
93-17-201
through
93-17-223
may be cited as the "Mississippi Adoption Confidentiality Act."
Laws, 1992, ch. 306, § 1, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-203 - Definitions

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
"Agency" means a county department of human services, the Department of Child Protection Services, a licensed or nonlicensed adoption agency or any other individual or entity assisting in the finalization of an adoption.
(b)
"Adoptee" means a person who is or has been adopted in this state at any time.
(c)
"Birth parent" means either:
(i)
The mother designated on the adoptee's original birth certificate; or
(ii)
The person named by the mother designated on the adoptee's original birth certificate as the father of the adoptee.
(d)
"Board" means the Mississippi State Board of Health.
(e)
"Bureau" means the Bureau of Vital Records of the Mississippi State Board of Health.
(f)
"Licensed adoption agency" means any agency or organization performing adoption services and duly licensed by the Mississippi Department of Child Protection Services.
Laws, 1992, ch. 306, § 2, eff. 7/1/1992.
Amended by Laws, 2023, ch. 516, HB 1149,§ 94, 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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-207 - Release of nonidentifying information; persons eligible to receive; fee

(1)
The bureau or the agency shall release the nonidentifying information maintained as provided in Section
93-17-205
for a reasonable fee, including the actual cost of reproduction, to any of the following persons upon request made with sufficient proof of identity:
(a)
An adoptee eighteen (18) years of age or older;
(b)
An adoptive parent;
(c)
The guardian or legal custodian of an adoptee; or
(d)
The offspring or blood sibling of an adoptee if the requester is eighteen (18) years of age or older.
(2)
Information released pursuant to subsection (1) of this section shall not include the name and address of the birth parent, the identity of any provider of health care to the adoptee or to the birth parent and any other information which might reasonably lead to the discovery of the identity of either birth parent.
Laws, 1992, ch. 306, § 4, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-209 - Search for birth parents by agency to obtain medical, social, or genetic information; fee

(1)
Whenever any person specified under Section
93-17-207
wishes to obtain medical, social or genetic background information about an adoptee or nonidentifying information about the birth parents of such adoptee, and the information is not on file with the bureau and the birth parents have not filed affidavits prohibiting a search to be conducted for them under the provisions of Sections
93-17-201
through
93-17-223
, the person may request a licensed adoption agency to locate the birth parents to obtain the information.
(2)
Employees of any agency conducting a search under this section may not inform any person other than the birth parents of the purpose of the search.
(3)
The agency may charge the requester a reasonable fee for the cost of the search. When the agency determines that the fee will exceed One Hundred Dollars ($100.00) for either birth parent, it shall notify the requester. No fee in excess of One Hundred Dollars ($100.00) per birth parent may be charged unless the requester, after receiving notification under this subsection, has given consent to proceed with the search.
(4)
The agency conducting the search shall, upon locating a birth parent, notify him or her of the request and of the need for medical, social and genetic information.
(5)
The agency shall release to the requester any medical or genetic information provided by a birth parent under this section without disclosing the birth parent's identity or location.
(6)
If a birth parent is located but refuses to provide the information requested, the agency shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the chancery court to order the birth parent to disclose the nonidentifying information. The court shall grant the motion for good cause shown.
(7)
The Mississippi Department of Child Protection Services shall provide the bureau each year with a list of licensed adoption agencies in this state capable of performing the types of searches described in this section.
Laws, 1992, ch. 306, § 5, eff. 7/1/1992.
Amended by Laws, 2023, ch. 516, HB 1149,§ 95, 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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-211 - Civil and criminal immunity for persons acting under Adoption Confidentiality Act

Any person, including this state or any political subdivision of this state, and any employee, agent or representative of any agency who participates in good faith in any requirement of Sections
93-17-201
through
93-17-223
shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of Sections
93-17-201
through
93-17-223
shall be presumed.
Laws, 1992, ch. 306, §§ 6, 12, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-213 - Promulgation of rules and regulations; fees

The bureau shall promulgate rules and regulations necessary to carry out the provisions of Sections
93-17-201
through
93-17-223
and the bureau may charge reasonable fees to implement Sections
93-17-201
through
93-17-223
.
Laws, 1992, ch. 306, § 7, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-215 - Request by adoptee for identifying information

Any person twenty-one (21) years of age or over who has been adopted in this state may request the bureau through a licensed adoption agency providing post-adoption services to obtain and provide the identifying information regarding either or both of his or her birth parents maintained as provided in Section
93-17-205
, unless that birth parent has executed an affidavit prohibiting the release of such information.
Laws, 1992, ch. 306, § 8, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-217 - Identification and counseling of requesting adoptee; release of information by bureau

Provided the birth parent has not filed an affidavit prohibiting the release of identifying information and before acting on a request made pursuant to Section
93-17-209
or Section
93-17-215
, the agency shall require the adoptee to provide adequate identification and to submit to counseling by such agency in connection with the release and use of this information. The bureau shall release the requested information to the designated agency upon request by such agency.
Laws, 1992, ch. 306, § 9, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-221 - Petition in chancery court for disclosure of identifying information

The adoptee may petition the chancery court to order the agency to disclose any identifying information that may not be disclosed under Sections
93-17-201
through
93-17-223
. The court shall grant the petition for good cause shown.
Laws, 1992, ch. 306, § 11, eff. 7/1/1992.
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 7 - MISSISSIPPI ADOPTION CONFIDENTIALITY ACT (§§ 93-17-201 — 93-17-223) › Section 93-17-223 - One birth parent prohibited from divulging identity of other parent

In cases where only one (1) of the birth parents has authorized the release of identifying information, that birth parent shall be prohibited from divulging to the adoptee the identity, or any information reasonably calculated to lead to discovery of the identity, of the other birth parent, and shall execute a sworn affidavit stating that no such information shall be revealed. The refusal of any birth parent to comply with this prohibition shall constitute an act of bad faith under the terms of Sections
93-17-201
through
93-17-223
, and such birth parent shall be subject to civil liability for the release of such information.
Laws, 1992, ch. 306, § 13, eff. 7/1/1992.
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 9 - MISSISSIPPI REGISTRATION OF FOREIGN ADOPTIONS ACT (§§ 93-17-301 — 93-17-307) › Section 93-17-301 - Short title

This article shall be known and may be cited as the Mississippi Registration of Foreign Adoptions Act.
Added by Laws, 2014, ch. 385, SB 2180, 4, 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 9 - MISSISSIPPI REGISTRATION OF FOREIGN ADOPTIONS ACT (§§ 93-17-301 — 93-17-307) › Section 93-17-303 - Registration of foreign adoptions

(1)
A child who has automatically acquired United States citizenship following a foreign adoption and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, Public Law 106-395, may be issued a Mississippi birth certificate upon compliance with this article and the requirements for adoptions under this chapter to the extent not superseded by this article.
(2)
A parent shall not proceed under this article if the foreign adoption has been registered or otherwise finalized by a court of this or any other state.
(3)
A parent who is eligible to obtain a decree of registration of a foreign adoption under this article may proceed pro se.
Amended by Laws, 2017, ch. 427, SB 2680, 7, eff. 7/1/2017.
Added by Laws, 2014, ch. 385, SB 2180, 5, 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 9 - MISSISSIPPI REGISTRATION OF FOREIGN ADOPTIONS ACT (§§ 93-17-301 — 93-17-307) › Section 93-17-305 - Procedure for registration of foreign adoption decree; jurisdiction; restrictions; exceptions; forms

(1)
An adopting parent or parents may petition the chancery court in the county having jurisdiction to register a foreign adoption decree so that it will be given full and final effect in this state. The petition and order shall be in substantially the form set forth in Section
93-17-307
unless the Supreme Court promulgates by rule a different set of forms, in which case the petition and order shall be in substantially the form set forth by court rule. As part of the Petition to Register a Foreign Adoption, a child's name may be changed from that appearing on the foreign adoption decree if all other requirements of law as to name change are met.
(2)
A foreign adoption decree previously registered or otherwise finalized by a court of this or any other state may not be registered subsequently in any court of this state.
(3)
If the chancellor, in termtime or vacation, determines that the foreign adoption can be registered, the chancellor shall sign the order and shall direct the chancery clerk to enter the date of the foreign adoption decree and identify the foreign court on the docket. A certified copy of the order, along with a copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of the child's United States passport, or both, if either or both documents are a part of the court file, shall be provided to the petitioner by the chancery clerk.
(4)
If the chancery court determines that the foreign adoption cannot be registered, the petitioner may proceed as applicable under the provisions of this chapter for adoptions generally. Reasons for which a foreign adoption cannot be registered include, without limitation, if the court determines that the foreign adoption is not a full and final adoption because the foreign-born child has been issued an IH-4 or IR-4 visa.
(5)
Adopting parent(s) who are eligible to register a foreign adoption under this article may, for any reason, proceed under this chapter as for adoptions generally.
(6)
The petition and accompanying documents, including the final decree, are confidential and are subject to rules of confidentiality as otherwise provided in this chapter for adoption records.
Added by Laws, 2014, ch. 385, SB 2180, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-1 - Removal of disability as to real estate

The chancery court of the county in which a minor resides, or the chancery court of a county in which a resident minor owns real estate in matters pertaining to such real estate, may remove the disability of minority of such minor. In cases of married minors, the residence of the husband shall be the residence of the parties. The chancery court of a county in which a nonresident minor of the State of Mississippi owns real estate or any interest in real estate may remove the disability of minority of such minor as to such real estate, so as to enable said minor to do and perform all acts with reference to such real estate, to sell and convey, to mortgage, to lease, and to make deeds of trust and contracts, including promissory notes, concerning said real estate, or any interest therein which may be owned by such minor, as fully and effectively as if said minor were eighteen (18) years of age. The jurisdiction thus exercised shall be that of a court of general equity jurisdiction, and all presumptions in favor of that adjudged shall be accorded at all times.
Codes, 1880, § 1838; 1892, § 493; 1906, § 543; Hemingway's 1917, § 300; 1930, § 353; 1942, § 1264; Laws, 1924, ch. 158; Laws, 1952, ch. 253; Laws, 1954, ch. 216; Laws, 1956, ch. 223; Laws, 1958, ch. 272, § 1; Laws, 1962, chs. 282, 283.
Amended by Laws, 2023, ch. 507, SB 2073,§ 6, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-3 - Application; defendants

The application therefor shall be made in writing by the minor by his next friend, and it shall state the age of such minor and join as defendants his parent or parents then living, or, if neither be living, two of his adult kin within the third degree, computed according to the civil law, and the reasons on which the removal of disability is sought; and, when such petition shall be filed, the clerk shall issue process as in other suits to make such person or persons parties defendants, which shall be executed and returned as in other cases, and shall make publication for nonresident defendants as required by law, and any person so made a party, or any other relative or friend of the minor, may appear and resist the application.
In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent, or parents, as the case may be, shall be joined as defendants in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents to the exclusion of the other, it shall be sufficient herein to join as defendant only the parent to whom the custody and control has been awarded.
Codes, 1880, § 1839; 1892, § 494; 1906, § 544; Hemingway's 1917, § 301; 1930, § 354; 1942, § 1265; Laws, 1924, ch. 158; Laws, 1940, ch. 236; Laws, 1946, ch. 196, § 1.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-5 - Application; when defendants are not necessary

If the parent or parents then living, or, if they both be not living, if any two of his adult kin within the third degree shall unite with the minor and his next friend in his application, or if the minor has no parent then living and no kindred within the prescribed degree whose place of residence is known to him or his next friend, it shall not be necessary to make any person defendant thereto. But the court shall proceed to investigate the merits of such application, and decree thereon as in other cases.
In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent or parents, as the case may be, may unite with the minor and his next friend in his application in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents or adopted parents, as the case may be, to the exclusion of the other, it shall be sufficient herein for only the parent to whom the custody and control has been awarded to unite with the minor and his next friend in his application, as herein provided.
Codes, 1880, § 1840; 1892, § 495; 1906, § 545; Hemingway's 1917, § 302; 1930, § 355; 1942, § 1266; Laws, 1918, ch. 123; Laws, 1940, ch. 236; Laws, 1946, ch. 196, § 2.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-7 - Trial and decree

When the proper persons have been made parties to the application, the court shall examine it, and the objections to it, if any, and may hear testimony in open court, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor.
Codes, 1880, § 1841; 1892, § 496; 1906, § 546; Hemingway's 1917, § 303; 1930, § 356; 1942, § 1267.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-9 - Terms of decree

The decree may be for the partial removal of the disability of the minor so as to enable him to do some particular act proposed to be done and specified in the decree; or it may be general, and empower him to do all acts in reference to his property, and making contracts, and suing and being sued, and engaging in any profession or avocation, which he could do if he were eighteen (18) years of age; and the decree made shall distinctly specify to what extent the disability of the minor is removed, and what character of acts he is empowered to perform notwithstanding his minority, and may impose such restrictions and qualifications as the court may adjudge proper.
Codes, 1880, § 1842; 1892, § 497; 1906, § 547; Hemingway's 1917, § 304; 1930, § 357; 1942, § 1268.
Amended by Laws, 2023, ch. 507, SB 2073,§ 7, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-11 - Married minor not under disability for purpose of action involving marital rights

A married minor shall not be under the disability of minority for the purpose of bringing or defending a suit for divorce, separate maintenance and support, temporary maintenance or support, custody of children or any other action involving marital rights as between the parties, and any married minor may file or defend such a suit in his own name without the necessity of being represented by a next friend or guardian ad litem, and be considered adult for the purposes of such a suit.
Codes, 1880, § 1838; 1892, § 493; 1906, § 543; Hemingway's 1917, § 300; 1930, § 353; 1942, § 1264; Laws, 1924, ch. 158; Laws, 1952, ch. 253; Laws, 1954, ch. 216; Laws, 1956, ch. 223; Laws, 1958, ch. 272, § 1; Laws, 1962, chs. 282, 283.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-13 - Persons eighteen years of age or older competent to enter into contracts in matters affecting personal property, mortgages and real property, for the purpose of investing in publicly traded equities, and to lease real property for use as residence

(1)
All persons eighteen (18) years of age or older, if not otherwise disqualified, or prohibited by law, shall have the capacity to enter into binding contractual relationships affecting personal property, mortgages and real property. In addition, all persons eighteen (18) years of age or older shall have the capacity to enter into binding contractual relationships for the purpose of investing in mutual funds, stocks, bonds and any other publicly traded equities. Nothing in this section shall be construed to affect any contracts entered into prior to July 1, 1976.
(2)
Any person who, upon attaining eighteen (18) years of age, but not having reached the age of majority, if not otherwise disqualified or prohibited by law, shall have the capacity to enter into binding agreements to lease real property to be occupied by the person as the actual place of residence, and to secure the necessary utility services necessary to make such place of residence habitable, including, but not limited to, electricity, natural gas, propane, water, sewage, garbage disposal and Internet services.
(3)
In any legal action founded on a contract entered into by a person eighteen (18) years of age or older, the said person may sue in his own name as an adult and be sued in his own name as an adult and be served with process as an adult.
Laws, 1976, ch. 406, § 3, eff. 7/1/1976.
Amended by Laws, 2023, ch. 507, SB 2073,§ 1, eff. 7/1/2023.
Amended by Laws, 2022, ch. 440, HB 1313,§ 3, eff. 7/1/2022.
Amended by Laws, 2021, ch. 338, HB 429,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-15 - Age requirements for participation in physiological training

(1)
Notwithstanding any other provision of state law, persons eighteen (18) years of age or older shall be entitled to participate in physiological training.
(2)
For the purpose of this section, physiological training means the training of flying personnel, passengers, and crew members, military and civilian, which shall include instruction in one (1) or more of the following areas: altitude chamber flights; rapid decompression chamber flights; physiological effects of altitude; human factors in rapid decompression; oxygen equipment; cabin pressurization and decompression; pressure breathing; principles and problems of vision, spatial disorientation and other sensory phenomena; noise and vibration; speed; acceleration; escape from aircraft; emergency procedures; ejection seat and parachute training; and prechamber flight indoctrination.
Laws, 1991, ch. 375, § 1, eff. 3/15/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 19 - REMOVAL OF DISABILITY OF MINORITY (§§ 93-19-1 — 93-19-17) › Section 93-19-17 - Student-athletes eighteen years of age or older competent to contract in matters affecting the use of their name, image or likeness while participating in intercollegiate sports

(1)
All persons eighteen (18) years of age or older, if not otherwise disqualified, or prohibited by law, shall have the capacity to enter into binding contractual relationships affecting the use of their publicity rights while participating in intercollegiate sports as student-athletes in accordance with the Mississippi Intercollegiate Athletics Compensation and Publicity Rights Act. Nothing in this section shall be construed to affect any contracts entered into prior to July 1, 2021.
(2)
In any legal action founded on a student-athlete publicity rights contract entered into by a person eighteen (18) years of age or older, the person may sue in his or her own name as an adult and be sued in his or her own name as an adult and be served with process as an adult.
(3)
For purposes of this section:
(a)
"Intercollegiate athletics program" means an intercollegiate athletics sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association , conference or any other group or organization with authority over the sport, that promotes or regulates collegiate athletics .
(b)
"Student-athlete" means an individual who is enrolled in or has signed a National Letter of Intent or other written agreement to enroll in a postsecondary educational institution or is being recruited by a postsecondary educational institution to participate in an intercollegiate athletics program. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.
Amended by Laws, 2024, ch. 378, SB 2417,§ 27, eff. 4/18/2024.
Added by Laws, 2021, ch. 444, SB 2313,§ 5, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-101 - Short title

This chapter may be cited as the Mississippi Guardianship and Conservatorship Act.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-103 - Supplemental principles of law and equity applicable

Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-104 - Subject-matter jurisdiction

(1)
Except to the extent jurisdiction is precluded by the Uniform Child Custody Jurisdiction and Enforcement Act (Title 93, Chapter 27, Mississippi Code of 1972) and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Title 93, Chapter, 14, Mississippi Code of 1972), the chancery court has jurisdiction over a guardianship or conservatorship for a respondent domiciled or present in this state or having property in this state.
(2)
After a petition is filed in a proceeding for a guardianship or conservatorship and until termination of the proceeding, the court in which the petition is filed has:
(a)
Exclusive jurisdiction to determine the need for the guardianship or conservatorship;
(b)
Exclusive jurisdiction to determine how property of the respondent must be managed, expended, or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant;
(c)
Nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and
(d)
If a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship.
(3)
A court that appoints a guardian or conservator has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding.
(4)
This chapter does not apply to a durable legal relative guardianship to facilitate child placement that may be created by a youth court under Section
43-21-609
.
Amended by Laws, 2020, ch. 344, SB 2874,§ 2, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-105 - Transfer of proceeding

(1)
This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Title 93, Chapter 14, Mississippi Code of 1972).
(2)
After appointment of a guardian or conservator, the court that made the appointment may transfer the proceeding to a court in another county in this state or another state if transfer is in the best interest of the ward, a final settlement of the conservatorship accounts is made, and the guardian or conservator qualifies as such in the county or state to which the proceeding is being removed.
(3)
If a proceeding for a guardianship or conservatorship is pending in another state or a foreign country and a petition for guardianship or conservatorship for the same respondent is filed in a court in this state, the court must notify the court in the other state or foreign country and, after consultation with that court, assume or decline jurisdiction, whichever is in the best interest of the respondent.
(4)
A guardian or conservator appointed in another state or country may petition the court for appointment as a guardian or conservator in this state for the same individual if jurisdiction in this state is or will be established. The appointment may be made on proof as outlined in Section
93-20-124
.
(5)
Summons giving notice of hearing on a petition under subsection (4), together with a copy of the petition, must be given to the respondent, if the respondent is at least fourteen (14) years of age at the time of the hearing, and to the persons that would be entitled to summons or notice if the procedures for appointment of a guardian or conservator under this chapter were applicable. The court shall make the appointment unless it determines the appointment would not be in the best interest of the respondent.
(6)
Not later than fourteen (14) days after appointment under subsection (5), the guardian or conservator must give a copy of the order of appointment to the ward, if the ward is at least fourteen (14) years of age, and to all persons given notice of the hearing on the petition.
Amended by Laws, 2020, ch. 344, SB 2874,§ 3, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-106 - Venue

(1)
Venue for a guardianship proceeding for a minor is in:
(a)
The county in which the minor resides or is present at the time the proceeding commences; or
(b)
The county in which another proceeding concerning the custody or parental rights of the minor is pending.
(2)
Venue for a guardianship proceeding for an adult is in:
(a)
The county in which the respondent resides;
(b)
If the respondent has been admitted to an institution by court order, the county in which the court is located; or
(c)
If the proceeding is for appointment of an emergency guardian for an adult, the county in which the respondent is present.
(3)
Venue for a conservatorship proceeding is in:
(a)
The county in which the respondent resides, whether or not a guardian has been appointed in another county or other jurisdiction; or
(b)
If the respondent does not reside in this state, in any county in which property of the respondent is located.
(4)
If proceedings under this chapter are brought in more than one (1) county, the court of the county in which the first proceeding is brought has the exclusive right to proceed unless the court determines venue is properly in another court or that the interest of justice otherwise requires transfer of the proceeding.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-107 - Practice in court

(1)
Except as otherwise provided in this chapter, the Mississippi Rules of Evidence and Mississippi Rules of Civil Procedure, including rules concerning appellate review, govern a proceeding under this chapter.
(2)
Proceedings for a guardianship and conservatorship for the same individual may be commenced in a single proceeding, and if separate proceedings are commenced or pending in the same court, the proceedings may be consolidated.
(3)
If the court finds that a provision of this chapter conflicts with a provision of Title 35, Chapter 5, Mississippi Code of 1972 (Uniform Veterans' Guardianship Law), the court must resolve the conflict in the best interest of the ward.
Amended by Laws, 2020, ch. 344, SB 2874,§ 4, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-108 - Letters of guardianship or conservatorship

(1)
At or before the time of appointment, the guardian or conservator must take and subscribe an oath faithfully to discharge the duties of guardian or conservator of the ward according to law.
(2)
The clerk must issue letters of guardianship to a guardian who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court.
(3)
The clerk must issue letters of conservatorship to a conservator who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court or unless the conservator complies with another asset-protection arrangement required by the court.
(4)
The court in its initial order of appointment or at any subsequent time may limit the powers conferred on a guardian or conservator. The court shall direct the clerk to issue new letters of guardianship or conservatorship that reflect the limitation. The court shall direct the clerk to give notice of the limitation by service of a copy of the court's order with proof of service on the guardian or conservator, the ward, and any other person the court determines.
(5)
Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be stated in the letters of guardianship or conservatorship.
(6)
Letters of guardianship and conservatorship may be combined in one (1) document if the guardian and conservator are the same person.
Amended by Laws, 2020, ch. 344, SB 2874,§ 5, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-109 - Effect of acceptance of appointment

By accepting appointment, a guardian or conservator submits to the personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-110 - Co-guardian; co-conservator

When the court deems appropriate, the co-guardian or co-conservator must comply with Section
93-20-108
.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.