Mississippi Adoption Laws

Mississippi adoption laws are like those of other states. Mississippi has a residency requirement for adoptive parents, so if you're considering adoption, you must live in Mississippi for at least 90 days before filing the petition. Like most states, the best interests of the child matter more than the prospective adoptive parents' concerns.

Whether you contact an adoption agency or the Mississippi Department of Human Services, the state adoption laws protect the rights of the birth parents and the adoptive parents. This article reviews the adoption process and basic requirements in Mississippi.

Mississippi Adoption Laws

The state of Mississippi has no minimum adoption age for adults. Anyone over 18 years of age may adopt a child. Adoption services may have different standards, and many private agencies require adoptive parents to be over 21 or 22.

Unmarried adults can adopt. When married couples adopt, both spouses must file jointly. Mississippi was the last state to grant equal adoption rights to same-sex couples in 2016. Private adoption agencies are still allowed to have their own preferences for prospective parents.

Mississippi's legal requirements for adoptive families include:

• 90 days' residence in the state
• A doctor's certificate proving the parents' mental and physical health
• If the child has any mental or physical health issues, the adoptive parents must sign an affidavit stating they are aware of these problems
• Proof of financial stability
• Completion of a home study by a licensed social worker

Types of Adoption

Mississippi recognizes the same types of adoption as most other states. No matter who handles the adoption process, all adoptive parents must undergo a background check and home study before finalization of adoption.

• Private adoptions - The biological parents and adoptive parents can arrange the adoption with the help of medical personnel or an attorney.
• Agency adoptions - Adoptions can go through private agencies, the state foster care system, or the Department of Human Services. Foster parents have priority for the adoption of a child.
• Relative adoptions - A birth mother can place her child with relatives without an investigation or a six-month waiting period. A relative is anyone related to the child within three degrees of affinity, including cousins.
• Stepparent adoptions - The spouse of a custodial parent can adopt without an investigation or waiting period. The non-custodial parent must consent and terminate their parental rights.
• Interstate/International adoptions - These types of adoptions require the help of adoption attorneys. The Interstate Compact on Placement of Children (ICPC) defines the adoption of children in and out of the state of Mississippi. International adoptions may require assistance from the U.S. State Department.

Adoption Process in Mississippi

Before an adoption takes place, the biological parents must terminate their parental rights. The birth mother cannot terminate her rights until 72 hours after the birth of the child. Prospective parents must complete all post-placement requirements, including the background checks and home study.

There is a six-month waiting period before the finalization of the adoption after the placement of the child. During this period, the judge may issue an interlocutory decree granting temporary custody of the child. At the placement hearing, the judge issues the final decree.

Adoptees 14 years of age and over must consent to their adoption. Mississippi law requires siblings to be adopted together.

Considering Adoption in Mississippi? Get Legal Advice From a Mississippi Adoption Attorney

Adoption proceedings are emotional for everyone involved. Adoptions involve lots of paperwork and court procedures. This includes the adoption petition and the new birth certificate. If you're considering adoption, get legal advice from a Mississippi adoption attorney before making any final decisions.