MISSISSIPPI ADOPTION LAWS AND REQUIREMENTS 

In this post, we will explain the legal requirements for adopting a child in Mississippi. 

The simplest adoptions are “uncontested,” meaning both biological parents agree to the adoption. If both parents agree, then the adoption will require the following steps: 

1. A petition signed by you (the proposed adoptive parents) and notarized. Your attorney will prepare the petition. If you are married, then your spouse must also sign the petition. The petition must be notarized. The petition should indicate if you desire to change the child’s name. If so, the child’s name can be legally changed in the adoption process. 

2. A consent form signed by each living biological parent, surrendering the biological parent’s rights to the child and agreeing to the adoption.

3. A certification of any property owned by the child. Typically, the child owns no property, other than personal belongings of limited value. But sometimes, the child has received an inheritance or a personal-injury settlement. If that is true, then it must be disclosed. 

4. A certificate signed by a doctor or nurse practitioner stating the child is in good health or listing any mental or physical impairments the child may have. If the child has such an impairment, then you must verify that you’re aware of the impairment and still agree to adopt the child.  

5. If you are not the child’s relative or stepparent, a home study must be performed by an adoption agency or the Mississippi Department of Human Services. If you are the child’s stepparent, no home study is required. Also if you are the child’s “relative” – meaning a grandparent, uncle, aunt, brother, sister, or cousin – no home study is required. If the home study requirement applies (you are a nonrelative), then we will get you in touch with an agency or DHS to do a home study report to file with the court. 

6. If you are adopting through foster care, then the Department of Child Protection Services must sign a consent agreeing for the adoption to go forward. 

7. After steps 1 through 4 (and 5 and 6, if applicable) are performed, your attorney will schedule a hearing to take place before a chancery court judge.

8. At the hearing, you and your attorney will meet with the judge. For uncontested adoptions, the hearing is usually pretty informal. Typically, the child should come to the adoption hearing. The judge and court staff almost universally love adoption cases. They will enjoy meeting you and the child and being a part of the special day. Sometimes the judge will want your attorney to have you testify and ask some questions to ensure the child is well taken care of. The judge might ask a few questions too. At the end of the hearing, your attorney will present an order for the judge to sign, which will make the adoption official. Because both biological parents have consented, the judge will almost certainly grant the adoption because there is no contest to it. 

9. After that, if you request to change the child’s name, you will fill out a form to submit to the Mississippi Department of Vital Records to change the child’s birth certificate. 

These are the requirements for “uncontested” adoptions where the biological parents agree to the adoption and sign a consent. 

But it is quite common that a biological parent is out of the picture, so a consent form cannot be obtained. In that scenario, a few additional requirements apply in addition to the steps listed above. 

First, if a parent does not consent, you must be able to prove at the court hearing that the parent has abandoned or deserted the child or is otherwise unfit. 

Second, before the hearing, the court must appoint a “guardian ad litem” to meet with you and file a report making recommendations to the court. The guardian ad litem is an attorney. Essentially, he or she will perform a home study. In fact, a guardian ad litem’s report, if required, can serve as the home study. Generally, the guardian ad litem will meet with you and the child and come to your home to make sure it is a suitable environment for the child. 

Third, you must serve the absent parent with process. If you know the parent’s identity and whereabouts, we would hire a process server to serve the parent with the petition and a summons for the court hearing. If the parent cannot be located after a diligent search, then we would serve the legally required notice by publishing a summons in the local newspaper for 3 consecutive weeks. Generally, the absent parent does not respond to the newspaper publication. Whether the absent parent responds or not, the newspaper publication provides the legally required notice for the adoption to proceed. 

That’s essentially it. If your adoption is uncontested, typically the process can be completed within 3 months of filing your petition. If a home study is required (not applicable for stepparents or relatives), then this can add a little bit of time, but usually not more than an extra month or two. If you are unable to obtain consents from both parents, typically the process takes between 3 to 6 months. 

The costs of the adoption will depend on the type of adoption. For all adoptions, we prefer to charge a fixed fee, meaning that we will tell you exactly how much the process will cost. For private adoptions that are uncontested, we usually charge between $1,500 and $2,500. For private adoptions that are contested (that is, consents cannot be obtained from the biological parents), the fee is usually between $2,500 and $4,000. For foster care adoptions, we typically charge between $1,500 and $2,000. Notably, for foster care adoptions, the State of Mississippi will usually reimburse part of the legal fees. 

Please note that the legal fees do not include the cost of a home study or guardian ad litem (if applicable). So, in budgeting, make sure whether those requirements apply to your particular adoption. With the caveat that these are estimates only, usually a guardian ad litem or home study (whichever is applicable) can add about another $500 to $1,800 to the overall cost, depending on the fee charged by the agency or guardian ad litem.  

If you’re interested in hiring us to handle your adoption matter, please call (601) 827-3031 for a consultation. We would love to be a part of this special event.