Stepparent Adoption in Mississippi
Reviewed by DocDraft Legal Team - Mississippi - Last updated October 6, 2026
In Mississippi a stepparent adopts by sworn petition in the chancery court of the county where the petitioners live or where the child lives or was born (Miss. Code Ann. 93-17-3(4)), with the spouse who is the child's parent joining the petition. The other parent either files a sworn consent, or is summoned, and under 93-17-7(1) a parent whose rights have not been terminated who appears after being summoned and objects before the decree blocks the adoption. Over that objection, the case needs a chancery court termination under the Mississippi Termination of Parental Rights Law: clear and convincing evidence that the parent abandoned or deserted the child as 93-15-103 defines those terms, or is mentally, morally, or otherwise unfit to raise the child, and that reunification is not desirable toward obtaining a satisfactory permanency outcome (93-15-119(1)(a)), or a ground listed in 93-15-121 with the same reunification finding, after the parent is served. The mandatory home study does not apply to a stepparent (93-17-11), and a child more than fourteen must sign a sworn consent or be personally served as if an adult (93-17-5(3)).
Find out where you stand in Mississippi
Where are you with adopting your stepchild?
DocDraft provides document preparation, not legal advice.
How are the other parent's rights ended in a Mississippi stepparent adoption?
By sworn consent, a written release, or termination. Under Miss. Code Ann. 93-17-7(1), a summoned parent who objects before the decree blocks the adoption unless the chancery court ends their rights on clear and convincing evidence of abandonment or desertion (93-15-103), unfitness, or a 93-15-121 ground, and that reunification is not desirable toward a satisfactory permanency outcome (93-15-119, 93-15-121).
Which Mississippi court hears a stepparent adoption, and is there a form?
The chancery court of the county where you live or where the child lives or was born, under Miss. Code Ann. 93-17-3(4). The petition must be sworn and come with a doctor's or nurse practitioner's certificate on the child's condition and a sworn statement of the child's property. Ask the chancery clerk whether the court uses its own forms.
Is a home study required for a stepparent adoption in Mississippi?
Not automatically. Miss. Code Ann. 93-17-11(1) requires a home study in most adoptions but excludes those where the petitioner is a stepparent or relative, and 93-17-11(4) lets the court find one unnecessary for a stepparent. The court may still, in its discretion, order an investigation and report before the final decree.
At what age must a child consent to a stepparent adoption in Mississippi?
Under Miss. Code Ann. 93-17-5(3), if the child is more than fourteen years of age, the child must sign a consent that is sworn to or acknowledged, or else be personally served with process in the same manner as an adult. A younger child joins the petition through a next friend under 93-17-5(2).
Mississippi's chancery court petition, the objection rule, and the termination route
A Mississippi stepparent adoption is a sworn petition in chancery court, filed in the county where the petitioners reside or where the child resides or was born (Miss. Code Ann. 93-17-3(4)). A married person adopts with the spouse joining the petition, and the final decree leaves your spouse's own parental rights intact (93-17-13(2)(d)). Mississippi courts generally have jurisdiction when the child lived in the state with a parent or the adopting parent for at least six consecutive months immediately before the case starts, or the adopting parent lived there that long and substantial evidence about the child's care is in the state (93-17-3(1)). The other parent is made a party by filing a sworn or acknowledged consent, or by process, in person or by publication after diligent search and inquiry (93-17-5(1) and (3)). Under 93-17-7(1), a parent whose rights have not been terminated who, after being summoned, appears and objects before the decree blocks the adoption. Over an objection, the chancery court must first terminate that parent's rights under the Mississippi Termination of Parental Rights Law, which needs clear and convincing evidence that the parent abandoned or deserted the child, as defined in 93-15-103, or is mentally, morally, or otherwise unfit to raise the child, and that reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome (93-15-119(1)(a)); a ground listed in 93-15-121 proved by clear and convincing evidence, with the same reunification finding, is the other path. Abandonment is conduct evincing a settled purpose to relinquish all parental claims and responsibilities, and may be shown by the parent deliberately making no contact with the child for six months if the child was under three when the termination petition was filed, or for at least one year if the child was three or older. The mandatory home study in 93-17-11 does not apply to stepparents, a child more than fourteen must consent under oath or be personally served (93-17-5(3)), and a stepchild's final decree may be entered immediately (93-17-13(1)).
Relevant Laws
Miss. Code Ann. 93-17-5 and 93-17-7 (Consent, process and objection)
Section 93-17-5 makes the parents parties by a sworn or acknowledged consent or by process, in person or by publication after diligent search and inquiry, and requires a child more than fourteen to consent under oath or be personally served as if an adult. Section 93-17-7(1) bars the adoption if a parent whose rights have not been terminated, after being summoned, appears and objects before the decree; a parent whose rights were terminated under the Termination of Parental Rights Law is not summoned and cannot object.
Miss. Code Ann. 93-15-119, 93-15-103 and 93-15-121 (Termination of parental rights)
Section 93-15-119(1)(a) lets a chancery court terminate rights on clear and convincing evidence that the parent engaged in abandonment or desertion as defined in 93-15-103, or is mentally, morally, or otherwise unfit to raise the child, and that reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome. Abandonment may be shown by deliberately making no contact for six months (child under three) or at least one year (child three or older). Section 93-15-121 lists further grounds, each also requiring that reunification is not desirable.
Miss. Code Ann. 93-17-11 (Investigation and home study)
The court may, in its discretion, order an investigation and report on the child and the petitioners. A home study is required in adoptions other than those where the petitioner is a relative or stepparent of the child, and subsection (4) lets the court determine a home study is not necessary in an adoption by a stepparent.
Miss. Code Ann. 93-17-3 (Jurisdiction, venue and petition)
Sets the six consecutive month jurisdiction rule, requires a sworn petition in the chancery court of the county where the petitioners reside or the child resides or was born, lists the certificate, property statement and expense affidavits that must accompany it, lets the court change the child's name, and requires an Indian Child Welfare Act statement in the petition.
Regional Variances
Mississippi stepparent adoption requirements
Court
Chancery court of the county where the petitioners reside, or where the child resides or was born (Miss. Code Ann. 93-17-3(4)). A separate termination petition may be filed where the defendant or the child resides (93-15-105(2)(a)).
Petition form
Ask the chancery clerk whether the court uses its own forms. The petition must be sworn and filed with a doctor's or nurse practitioner's certificate, a sworn statement of the child's property, expense affidavits, and an Indian Child Welfare Act statement (93-17-3(4) and (7)).
Other parent's consent
Sworn or acknowledged consent, or process in person or by publication after diligent search and inquiry (93-17-5(1) and (3)); a written voluntary release under 93-15-111 also consents to the adoption and waives service. Your spouse joins the petition and keeps all parental rights (93-17-3(4), 93-17-13(2)(d)).
Proceeding without consent
A parent whose rights have not been terminated who, after being summoned, appears and objects before the decree blocks the adoption (93-17-7(1)). Over an objection: termination under the Termination of Parental Rights Law on clear and convincing evidence of abandonment or desertion (93-15-103) or of being mentally, morally, or otherwise unfit to raise the child (past or present conduct showing a substantial risk of compromising or endangering the child's safety and welfare), AND that reunification is not desirable toward obtaining a satisfactory permanency outcome (93-15-119(1)(a)), or a 93-15-121 ground with the same reunification finding. Abandonment: settled purpose to relinquish all parental claims, shown by deliberately making no contact for 6 months (child under 3) or at least 1 year (child 3 or older). Desertion: conduct over an extended period of time that demonstrates a willful neglect or refusal to provide for the support and maintenance of the child, rebuttable under 93-15-119(2). Parent must be served; triable 30 days after personal service or first publication (93-15-107(1)(b)).
Home study
Mandatory home study does not apply when the petitioner is a stepparent (93-17-11(1)); the court may determine one is not necessary (93-17-11(4)) and may still order an investigation and report in its discretion.
Residency or waiting period
Jurisdiction generally requires that, immediately before the case starts, the child lived in Mississippi with a parent or the adopting parent for at least six consecutive months, or the adopting parent lived there that long and substantial evidence about the child's care is in the state (93-17-3(1)(a) and (b)). For a stepchild, the final decree may be entered immediately, without the six month interlocutory period (93-17-13(1)).
Child's consent age
More than fourteen years of age: a consent sworn to or acknowledged by the child, or personal service on the child as if an adult (93-17-5(3)). In a termination case, a child twelve or older is served and has counsel, and the preferences of a child fourteen or older are considered (93-15-107(1)(c)).
Suggested Compliance Checklist
Decide how the other parent's rights will end
Before filing days after startingAsk whether the other parent will sign a sworn consent under 93-17-5 or a written voluntary release under 93-15-111. If they may appear and object, plan for termination: clear and convincing evidence of abandonment or desertion as defined in 93-15-103, or of being mentally, morally, or otherwise unfit to raise the child, and that reunification is not desirable toward obtaining a satisfactory permanency outcome (93-15-119(1)(a)), or a 93-15-121 ground with the same reunification finding, after the parent is served. Gather contact and support records; abandonment may be shown by the parent deliberately making no contact for six months (child under three when the termination petition is filed) or at least one year (child three or older).
File the sworn petition in chancery court
At filing days after startingFile in the chancery court of the county where you live or where the child lives or was born, with your spouse joining. Attach the doctor's or nurse practitioner's certificate, the sworn statement of the child's property, the expense affidavits, and the Indian Child Welfare Act statement required by 93-17-3. Ask the clerk about local forms and fees.
Serve the other parent and ask about an investigation
At or soon after filing days after startingIf no consent is filed, serve the other parent in person, or by publication after diligent search and inquiry if they are a nonresident or cannot be found (93-17-5(3)). Ask whether the court will order an investigation and report; the mandatory home study in 93-17-11 does not apply to stepparents.
Prepare the child's consent if more than fourteen
Before the final decree days after startingIf the child is more than fourteen years of age, prepare a consent to the adoption sworn to or acknowledged by the child, or arrange personal service on the child as if an adult (93-17-5(3)).
Confirm the child's new name and update records
After the final decree days after startingAsk the court to change the child's name in the adoption decree (93-17-3(4)). The clerk's certificate and a certified copy of the final decree go to the Bureau of Vital Statistics for a revised birth certificate (93-17-21). Order certified copies for schools and agencies. A separate name change petition is needed only for changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide how the other parent's rights will end | Ask whether the other parent will sign a sworn consent under 93-17-5 or a written voluntary release under 93-15-111. If they may appear and object, plan for termination: clear and convincing evidence of abandonment or desertion as defined in 93-15-103, or of being mentally, morally, or otherwise unfit to raise the child, and that reunification is not desirable toward obtaining a satisfactory permanency outcome (93-15-119(1)(a)), or a 93-15-121 ground with the same reunification finding, after the parent is served. Gather contact and support records; abandonment may be shown by the parent deliberately making no contact for six months (child under three when the termination petition is filed) or at least one year (child three or older). | - | Before filing |
| File the sworn petition in chancery court | File in the chancery court of the county where you live or where the child lives or was born, with your spouse joining. Attach the doctor's or nurse practitioner's certificate, the sworn statement of the child's property, the expense affidavits, and the Indian Child Welfare Act statement required by 93-17-3. Ask the clerk about local forms and fees. | - | At filing |
| Serve the other parent and ask about an investigation | If no consent is filed, serve the other parent in person, or by publication after diligent search and inquiry if they are a nonresident or cannot be found (93-17-5(3)). Ask whether the court will order an investigation and report; the mandatory home study in 93-17-11 does not apply to stepparents. | - | At or soon after filing |
| Prepare the child's consent if more than fourteen | If the child is more than fourteen years of age, prepare a consent to the adoption sworn to or acknowledged by the child, or arrange personal service on the child as if an adult (93-17-5(3)). | - | Before the final decree |
| Confirm the child's new name and update records | Ask the court to change the child's name in the adoption decree (93-17-3(4)). The clerk's certificate and a certified copy of the final decree go to the Bureau of Vital Statistics for a revised birth certificate (93-17-21). Order certified copies for schools and agencies. A separate name change petition is needed only for changes outside the adoption. | name-change-petition | After the final decree |
Frequently Asked Questions
Other Mississippi guides
Adverse Possession in Mississippi: Ten Years and the Chancery Clerk Notice
Asset Protection Planning in Mississippi (2026)
Dealing With Debt Collectors in Mississippi (2026)
Expunging a Criminal Record in Mississippi (2026)
Filing a Workplace Harassment Complaint in Mississippi
Filing Chapter 7 Bankruptcy in Mississippi (2026)
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.
Get Started