Bill Text: MS HB1337 | 2025 | Regular Session | Introduced
Bill Title: Adoption of adults; clarify authorization for.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Judiciary B [HB1337 Detail]
Download: Mississippi-2025-HB1337-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative Owen
House Bill 1337
AN ACT TO AMEND SECTION 93-17-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ADULT ADOPTIONS IN CHANCERY COURT; TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO ADULT ADOPTION AUTHORIZATION; TO AMEND SECTION 93-17-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INVESTIGATION BY GUARDIAN AD LITEM OR CONSERVATOR FOR DISABLED ADULTS; TO BRING FORWARD SECTIONS 93-17-11, 93-17-21, 93-17-27, 93-17-29 AND 93-17-31, MISSISSIPPI CODE OF 1972, WHICH PROVIDE PROCEDURES FOR ADOPTION, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-17-1, Mississippi Code of 1972, is amended as follows:
93-17-1. (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.
(3) (a) A court of this state has jurisdiction over a proceeding for the adoption or readoption of a minor or an adult commenced under this chapter.
(b) An adult under any one of the following conditions:
(i) He or she is an individual with a total and permanent disability.
(ii) He or she is determined to be a person with an intellectual disability.
(iii) He or she consents in writing to be adopted and is related in any degree of kinship, as defined by the intestacy laws of Alabama, or is a stepchild by marriage.
(iv) He or she consents in writing to be adopted by an adult man and woman who are husband and wife.
SECTION 2. Section 93-17-3, Mississippi Code of 1972, is amended as follows:
93-17-3. (1) Except as otherwise provided in this section, a court of this state has jurisdiction over a proceeding for the adoption or readoption of a minor or an adult commenced under this chapter if:
(a) Immediately before commencement of the proceeding, the minor or adult lived in this state with a parent, a guardian, a prospective adoptive parent or another person acting as parent, for at least six (6) consecutive months, excluding periods of temporary absence, or, in the case of a minor under six (6) months of age, lived in this state from soon after birth with any of those individuals and there is available in this state substantial evidence concerning the minor's present or future care;
(b) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;
(c) The agency that placed the minor for adoption is licensed in this state and it is in the best interest of the minor that a court of this state assume jurisdiction because:
(i) The minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state; and
(ii) There is available in this state substantial evidence concerning the minor's present or future care;
(d) The minor or
adult and the prospective adoptive parent or parents are physically present
in this state and the minor or adult has been abandoned or it is
necessary in an emergency to protect the minor or adult because the * * * he or she has been subjected to or
threatened with mistreatment or abuse or is otherwise neglected, and the
prospective adoptive parent or parents, if not residing in Mississippi, have
completed and provided the court with a satisfactory Interstate Compact for
Placement of Children (ICPC) home study and accompanying forms, unless the
court determines that the home study is not necessary in the case of an
adoption by a stepparent or a relative or in the case of an adoption in a
foster-to-adopt placement;
(e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a) through (d), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor or adult, and it is in the best interest of the minor or adult that a court of this state assume jurisdiction; or
(f) The child or adult has been adopted in a foreign country, the agency that placed the minor or adult for adoption is licensed in this state, and it is in the best interest of the child to be readopted in a court of this state having jurisdiction.
(2) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if, at the time the petition for adoption is filed, a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction Act or this section unless the proceeding is stayed by the court of the other state.
(3) If a court of another state has issued a decree or order concerning the custody of a minor or adult who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor or adult unless:
(a) The court of this state finds that the court of the state which issued the decree or order:
(i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act or has declined to assume jurisdiction to modify the decree or order; or
(ii) Does not have jurisdiction over a proceeding for adoption substantially in conformity with subsection (1)(a) through (d) or has declined to assume jurisdiction over a proceeding for adoption; and
(b) The court of this state has jurisdiction over the proceeding.
(4) Any * * * minor or adult may be adopted in
accordance with the provisions of this chapter in term time or in vacation by
an unmarried adult, by a married person whose spouse joins in the petition, by
a married person whose spouse does not join in the petition because such spouse
does not cohabit or reside with the petitioning spouse, and in any
circumstances determined by the court that the adoption is in the best interest
of the child or adult. Only the consenting adult will be a legal parent
of the child or adult. The adoption shall be by sworn petition filed in
the chancery court of the county in which the adopting petitioner or
petitioners reside or in which the child or adult to be adopted resides
or was born, or was found when it was abandoned or deserted, or in which the
home is located to which the child or adult has been surrendered by a
person authorized to so do. The petition shall be accompanied by a doctor's or
nurse practitioner's certificate showing the physical and mental condition of
the child or adult to be adopted and a sworn statement of all property,
if any, owned by the child. In addition, the petition shall be accompanied by
affidavits of the petitioner or petitioners stating the amount of the service
fees charged by any adoption agencies or adoption facilitators used by the
petitioner or petitioners and any other expenses paid by the petitioner or
petitioners in the adoption process as of the time of filing the petition. If
the doctor's or nurse practitioner's certificate indicates any abnormal mental
or physical condition or defect, the condition or defect shall not, in the
discretion of the chancellor, bar the adoption of the child or adult if
the adopting parent or parents file an affidavit stating full and complete
knowledge of the condition or defect and stating a desire to adopt the child,
notwithstanding the condition or defect. The court shall have the power to
change the name of the child as a part of the adoption proceedings. The word
"child" in this section shall be construed to refer to the person to
be adopted, though an adult.
(5) No * * * child may be placed in the home
of or adopted by the prospective adopting parties before a court-ordered or
voluntary home study is satisfactorily completed by a licensed adoption agency,
a licensed, experienced social worker approved by the chancery court, a court-appointed
guardian ad litem that has knowledge or training in conducting home studies if
so directed by the court, or by the Department of Child Protection Services on
the prospective adoptive parties if required by Section 93-17-11.
(6) No * * * child may be adopted by a person
or persons who reside outside the State of Mississippi unless the provisions of
the Interstate Compact for Placement of Children (Section 43-18-1 et seq.) have
been complied with. In such cases Forms 100A, 100B (if applicable) and
evidence of Interstate Compact for Placement of Children approval shall be
added to the permanent adoption record file within one (1) month of the
placement, and a minimum of two (2) post-placement reports conducted by a
licensed child-placing agency shall be provided to the Mississippi Department
of Child Protection Services Interstate Compact for Placement of Children
office.
(7) No * * * child may be adopted unless the
provisions of the Indian Child Welfare Act (ICWA) have been complied with, if
applicable. When applicable, proof of compliance shall be included in the
court adoption file prior to finalization of the adoption. If not applicable,
a written statement or paragraph in the petition for adoption shall be included
in the adoption petition stating that the provisions of ICWA do not apply
before finalization.
(8) The readoption of a child who has automatically acquired United States citizenship following an adoption in a foreign country and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding conducted by a court of competent jurisdiction in this state by compliance with the Mississippi Registration of Foreign Adoptions Act, Article 9 of this chapter.
(9) For adult adoptees who
consent to the adoption, a chancellor * * * shall waive any of the petition
requirements and procedural requirements within subsections (4), (5), (6) and
(7) of this section.
(10) The clerk shall docket cases seeking relief under this chapter as priority cases. The assigned judge shall be immediately notified when a case is filed in order to provide for expedited proceedings.
SECTION 3. Section 93-17-5, Mississippi Code of 1972, is amended as follows:
93-17-5. (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.
(4) When the person sought to be adopted is an adult, only the sworn, written consent of the adult person sought to be adopted shall be required and no order of reference or any home studies need be issued. If the adult person to be adopted has been adjudicated incompetent, the written consent of the adult person's guardian or conservator shall be required. If the adult person is without a spouse, guardian, or conservator and the court has reason to believe that the adult person is incompetent to give consent, the court shall appoint a guardian ad litem who shall investigate the adult person's circumstances and that guardian ad litem shall give or withhold consent. The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interest of the adult person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent adult person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including granting the petition for adoption.
SECTION 4. Section 93-17-11, Mississippi Code of 1972, is brought forward as follows:
93-17-11. (1) At any time after the filing of the petition for adoption and completion of process thereon, and before the entering of a final decree, the court may, in its discretion, of its own motion or on motion of any party to the proceeding, require an investigation and report to the court to be made by any person, officer or home as the court may designate and direct concerning the child, and shall require in adoptions except as provided in subsection (4) of this section, other than those in which the petitioner or petitioners are a relative or stepparent of the child, that a home study be performed of the petitioner or petitioners by a licensed adoption agency or by the Department of Human Services, at the petitioner's or petitioners' sole expense and at no cost to the state or county. The investigation and report shall give the material facts upon which the court may determine whether the child is a proper subject for adoption, whether the petitioner or petitioners are suitable parents for the child, whether the adoption is to its best interest, and any other facts or circumstances that may be material to the proposed adoption. The home study shall be considered by the court in determining whether the petitioner or petitioners are suitable parents for the child. The court, when an investigation and report are required by the court or by this section, shall stay the proceedings in the cause for such reasonable time as may be necessary or required in the opinion of the court for the completion of the investigation and report by the person, officer or home designated and authorized to make the same.
(2) Upon the filing of that consent or the completion of the process and the filing of the investigation and report, if required by the court or by this section, and the presentation of such other evidence as may be desired by the court, if the court determines that it is to the best interests of the child that an interlocutory decree of adoption be entered, the court may thereupon enter an interlocutory decree upon such terms and conditions as may be determined by the court, in its discretion, but including therein that the complete care, custody and control of the child shall be vested in the petitioner or petitioners until further orders of the court and that during such time the child shall be and remain a ward of the court. If the court determines by decree at any time during the pendency of the proceeding that it is not to the best interests of the child that the adoption proceed, the petitioners shall be entitled to at least five (5) days' notice upon their attorneys of record and a hearing with the right of appeal as provided by law from a dismissal of the petition; however, the bond perfecting the appeal shall be filed within ten (10) days from the entry of the decree of dismissal and the bond shall be in such amount as the chancellor may determine and supersedeas may be granted by the chancellor or as otherwise provided by law for appeal from final decrees.
(3) After the entry of the interlocutory decree and before entry of the final decree, the court may require such further and additional investigation and reports as it may deem proper. The rights of the parties filing the consent or served with process shall be subject to the decree but shall not be divested until entry of the final decree.
(4) The court may determine that a home study in an adoption is not necessary in the case of an adoption by a stepparent or a relative or in the case of an adoption in a foster-to-adopt placement.
SECTION 5. Section 93-17-21, Mississippi Code of 1972, is brought forward as follows:
93-17-21. (1) A certified copy of the final decree shall be furnished to the Bureau of Vital Statistics, together with a certificate signed by the clerk giving the true or original name and the place and date of birth of the child. The said bureau shall prepare a revised birth certificate which shall contain the original date of birth, with the place of birth being shown as the residence of the adoptive parents at the time the child was born, but with the names of the adopting parents and the new name of the child. In all other particulars, the certificate shall show the true facts of birth. The fact that a revised birth certificate is issued shall be indicated only by code numbers or some letter inconspicuously placed on the face of the certificate. The word "revised" shall not appear thereon. However, in the event an unmarried adult shall be the adopting parent, then such birth certificate may show thereon, upon order of the chancellor as set forth in the decree of adoption, that same is a revised birth certificate, giving the court where said decree was issued and the date of such decree. The original birth certificate shall be removed and placed, with reference made to the decree of adoption, in a safely locked drawer or vault, and the same shall not be public records and shall not be divulged except upon the order of the court rendering the said final decree or pursuant to Sections 93-17-201 through 93-17-223, and for all purposes the revised certificate shall be and become the birth certificate of the child. However, the Bureau of Vital Statistics of the State of Mississippi shall be required to prepare and register revised certificates only for births which occurred in the State of Mississippi as shown either by the court decree or by the original birth record on file in the bureau; but if the birth occurred in some other state, then the Director of the Bureau of Vital Statistics of the State of Mississippi shall be required to furnish to the attorney or other person representing the adopted child the name and address of the proper official in the state where the child was born, to whom the adoption decree and other information may be referred for appropriate action, and shall furnish to such attorney the certified copy of the decree and the certificate furnished by the clerk.
(2) Provided, however, notwithstanding anything herein to the contrary, either an original or a revised birth certificate may be issued, as hereinafter provided, by the Bureau of Vital Statistics to any child who was born outside the United States or its possessions and adopted, either heretofore or hereafter, by an order of a court in this state. Upon presentation of a certified copy of the final decree of adoption containing the required information, the Director of the Bureau of Vital Statistics shall be authorized and directed to receive said certified copy of the decree of adoption and prepare therefrom, and record, a birth certificate which shall disclose the following information: The name of the child (being the adopted name), race, sex, date of birth, place of birth (being the actual town, district and county of said child's birth, except where the child is born in a penal or mental institution where the name of the county shall be sufficient), names, race, ages, places of birth and occupation of parents (being the adoptive parents) including the maiden name of the adoptive mother. Such certificate shall comport in appearance and indicia with the foregoing requirements for a "revised" certificate issued to a child born in this state. The Director of the Bureau of Vital Statistics shall be authorized and directed to issue certified copies thereof, the same as if the birth certificate were that of a child who had never been adopted.
SECTION 6. Section 93-17-27, Mississippi Code of 1972, is brought forward as follows:
93-17-27. 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.
SECTION 7. Section 93-17-29, Mississippi Code of 1972, is brought forward as follows:
93-17-29. 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.
SECTION 8. Section 93-17-31, Mississippi Code of 1972, is brought forward as follows:
93-17-31. 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.
SECTION 9. This act shall take effect and be in force from and after July 1, 2025.
