MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary; Public Health and Welfare

By: Senator(s) Lee

AN ACT TO AMEND SECTION 93-17-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT AN AIDS/HIV ANTIBODY TEST BE CONDUCTED ON ANY CHILD THAT IS PARTY TO AN ADOPTION PROCEEDING PRIOR TO ENTRY OF A FINAL ADOPTION DECREE; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-17-11, Mississippi Code of 1972, is amended as follows:

93-17-11. At any time after the filing of the petition for adoption and completion of process thereon, and prior to 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 be made by any person, officer or home, as the court may designate and direct, concerning the child, giving the material facts upon which the court may determine whether the child is a proper subject for adoption, whether the petitioners or petitioner are suitable parents for the child, whether the adoption is to its best interest, and any other facts or circumstances which may be material to the proposed adoption. The court, when such investigation and report is required by it, shall stay the proceedings in such cause for such reasonable time as may be necessary or required in the opinion of the court for the completion of such investigation and report by the person, officer or home designated and authorized to make the same.

Upon the filing of such consent or the completion of such process and the filing of such investigation and report, if required by the court, 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; provided, that 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.

At any time after the entry of the interlocutory decree and before entry of the final decree, the court shall require the child to undergo an acquired immune deficiency syndrome (AIDS)/human immunodeficiency virus (HIV) antibody test or appropriate tests for any other infectious diseases without specific consent for such test in order to protect the health and safety of the child and prospective parents.

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 such decree but shall not be divested until entry of the final decree.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.