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Adopting a Child in Mississippi

Who can adopt in Mississippi, whose consent is needed, home studies, and how stepparent adoption works.

Short answer: An unmarried adult, a married person whose spouse joins (or who does not live with the spouse), or others where the court finds it in the child's best interest may adopt by sworn petition in the chancery court of the county where the petitioner lives or where the child lives or was born. Miss. Code Ann. §§ 93-17-3, 93-17-5, 93-17-11

Adoption requirementsAn unmarried adult, a married person whose spouse joins (or who does not live with the spouse), or others where the court finds it in the child's best interest may adopt by sworn petition in the chancery court of the county where the petitioner lives or where the child lives or was born. Mississippi courts generally have jurisdiction if the child or the prospective adoptive parent lived in the state for at least six consecutive months before filing (or other listed grounds apply). The petition must include a doctor's or nurse practitioner's certificate on the child's condition. A home study must be completed before placement, except that the court may waive it for a stepparent, relative or foster-to-adopt adoption. The parents must consent (no earlier than 72 hours after birth) or be served, and a child over 14 must consent or be personally served.
Mirror (FindLaw, current as of January 1, 2025). Mississippi's official code is published by LexisNexis and was not directly accessible.
Stepparent adoptionStepparent adoptions use the same chancery court petition. The required home study does not apply to a stepparent or relative petitioner, and the court may decide no home study is needed; the court may still order an investigation and report. The child's other parent must consent by sworn consent or be made a party by service of process, and a child over 14 must consent or be personally served.
Mirror (FindLaw, current as of January 1, 2025). Mississippi's official code is published by LexisNexis and was not directly accessible.

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FAQ

What are the requirements to adopt a child in Mississippi?
An unmarried adult, a married person whose spouse joins (or who does not live with the spouse), or others where the court finds it in the child's best interest may adopt by sworn petition in the chancery court of the county where the petitioner lives or where the child lives or was born. Mississippi courts generally have jurisdiction if the child or the prospective adoptive parent lived in the state for at least six consecutive months before filing (or other listed grounds apply). The petition must include a doctor's or nurse practitioner's certificate on the child's condition. A home study must be completed before placement, except that the court may waive it for a stepparent, relative or foster-to-adopt adoption. The parents must consent (no earlier than 72 hours after birth) or be served, and a child over 14 must consent or be personally served.
How does stepparent adoption work in Mississippi?
Stepparent adoptions use the same chancery court petition. The required home study does not apply to a stepparent or relative petitioner, and the court may decide no home study is needed; the court may still order an investigation and report. The child's other parent must consent by sworn consent or be made a party by service of process, and a child over 14 must consent or be personally served.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.