Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Mississippi may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Mississippi child adoption law including such topics as adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: §§ 43-15-23(4); 43-15-117
Legal fees that have been approved by the court
Reasonable and actual medical fees or hospital charges connected with the birth or medical treatment of the child
Counseling
Allowable Payments for Arranging Adoption
Citation: § 43-15-23(2)
Only a licensed agency may receive compensation for placing a child for adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code § 93-17-5
Consent shall be executed by the following persons:
The parents, or parent, if only one parent, though either be under age 21
If both parents are dead, then any two adult kin of the child within the third degree
The guardian ad litem of an abandoned child
Those persons having physical custody of the child, except persons having the child as foster parents as a result of placement by the Department of Human Services of the State of Mississippi
Any person to whom custody of the child may have been awarded by a court of competent jurisdiction of the State of Mississippi
The agent of the county Department of Human Services that has placed a child in foster care, either by agreement or by court order
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 93-17-5
If the child is age 14 or older, a consent to the adoption, sworn to or acknowledged by the child, is required.
When Parental Consent is not Needed
Citation: Ann. Code § 93-17-5; 93-17-7
In the case of a child born out of wedlock, the father shall not have a right to object to an adoption unless he has demonstrated, within the period ending 30 days after the birth of the child, a full
commitment to the responsibilities of parenthood.
An adoption may be allowed over the objection of a parent where the parent:
Has abused the child
Has not consistently offered to provide reasonably necessary food, clothing, appropriate shelter, and treatment for the child
Suffers from a medical or emotional illness, mental deficiency, behavior, or conduct disorder, severe physical disability, substance abuse, or chemical dependency that makes him or her unable or unwilling
to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior
Has a history of past or present conduct, including criminal convictions, that viewed in its entirety, would pose a risk of substantial harm to the physical, mental, or emotional health of the child
Has engaged in acts or omissions permitting termination of parental rights
When Consent Can Be Executed
Citation: Ann. Code § 93-17-5
Consent shall not be executed before 72 hours after the birth of the child.
Revocation of Consent
Citation: Ann. Code § 93-17-15
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 6 months of the entry thereof.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 93-17-5
In the case of a child born out of wedlock, the father shall not have a right to object to an adoption unless he has demonstrated, within 30 days, a full commitment to being a parent.
Please visit adoption law in Mississippi for more details. |