MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary B; Constitution
By: Representative Yates
AN ACT TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF LAW REGULATING ADOPTION BY REMOVING THE PROHIBITION AGAINST SAME-SEX ADOPTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 commenced under this chapter if:
(a) Immediately before commencement of the proceeding, the minor 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 and the prospective adoptive parent or parents are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor 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;
(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, and it is in the best interest of the minor that a court of this state assume jurisdiction; or
(f) The child has been adopted in a foreign country, the agency that placed the minor 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 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 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 person 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. Only the consenting adult will be a legal parent of the child. 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 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 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 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 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.
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( * * *5) No person 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 Human Services on the
prospective adoptive parties if required by Section 93-17-11.
( * * *6) No person 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 person 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.