House Bill 588

(As Passed the House)

AN ACT TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO REQUIRE PETITIONERS IN AN ADOPTION PROCEEDING TO FILE AN AFFIDAVIT WITH THE PETITION STATING THE AMOUNT OF THE SERVICE FEES CHARGED BY ANY ADOPTION AGENCIES OR FACILITATORS USED BY THE PETITIONER AND ANY OTHER EXPENSES PAID BY THE PETITIONER IN THE ADOPTION PROCESS; TO AMEND SECTION 93-17-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ANY ADOPTION PROCEEDING WHERE THE PETITIONER IS NOT A RELATIVE OF THE CHILD, THE COURT MAY REQUIRE A HOME STUDY TO BE MADE OF THE PETITIONER, WHICH SHALL BE COMPLETED AND SIGNED BY A LICENSED MASTER SOCIAL WORKER; TO AMEND SECTION 43-15-117, MISSISSIPPI CODE OF 1972, TO REQUIRE CHILD-PLACING AGENCIES, ADOPTION AGENCIES AND ADOPTION FACILITATORS THAT ARE LOCATED OR BASED OUTSIDE OF MISSISSIPPI TO BE LICENSED BY THE DEPARTMENT OF HUMAN SERVICES BEFORE THEY ADVERTISE IN THE MEDIA MARKETS IN MISSISSIPPI SEEKING BIRTH MOTHERS OR THEIR CHILDREN FOR ADOPTION PURPOSES; 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) Any person may be adopted in accordance with the provisions of this chapter in term time or in vacation by an unmarried adult or by a married person whose spouse joins in the petition, provided that the petitioner or petitioners * * * have resided in this state for ninety (90) days preceding the filing of the petition. However, if * * * the petitioner or petitioners, or one (1) of them, are related to the child within the third degree according to civil law, or if * * * the adoption is presented to the court by an adoption agency licensed by the State of Mississippi, the residence restriction shall not apply. 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) a doctor's or nurse practitioner's certificate showing the physical and mental condition of the child to be adopted, (b) a sworn statement of all property, if any, owned by the child, and (c) 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. 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" herein shall be construed to refer to the person to be adopted, though an adult.

(2) Adoption by couples of the same gender is prohibited.

SECTION 2. 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 before 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 to 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 that may be material to the proposed adoption. In any adoption proceeding where the petitioner or petitioners are not a relative of the child, the court may require a home study to be made of the petitioner or petitioners, which shall be completed and signed by a licensed social worker. Such home study may be performed by the Department of Human Services. The court, when an investigation and report are required by the court or by this section, shall stay the proceedings in the cause for such reasonable time as may be necessary or required in the opinion of the court for the completion of the investigation and report by the person, officer, or home designated and authorized to make the same.

Upon the filing of that consent or the completion of the process and the filing of the investigation and report, if required by the court or by this section, 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; however, 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.

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

SECTION 3. Section 43-15-117, Mississippi Code of 1972, is amended as follows:

43-15-117. (1) Except as provided in this article, no person, agency, firm, corporation, association or group children's home may engage in child placing, or solicit money or other assistance for child placing, without a valid license issued by the division. No child-placing agency, adoption agency or adoption facilitator that is located or based outside of the State of Mississippi shall advertise in the media markets in Mississippi seeking birth mothers or their children for adoption purposes, unless the agency or facilitator holds a valid and current license issued by the division under this article.

(2) (a) An attorney, physician or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may be made for that assistance.

(b) An attorney, physician or other person may not:

(i) Issue or cause to be issued to any person a card, sign or device indicating that he or she is available to provide that assistance;

(ii) Cause, permit or allow any sign or marking indicating that he or she is available to provide that assistance, on or in any building or structure;

(iii) Announce or cause, permit or allow an announcement indicating that he or she is available to provide that assistance, to appear in any newspaper, magazine, directory or on radio or television; or

(iv) Advertise by any other means that he or she is available to provide that assistance.

(3) Nothing in this section precludes payment of usual and customary fees for medical, legal or other lawful services rendered in connection with the care of a mother, delivery and care of a child, or counseling for the parents and/or the child, and for the legal proceedings related to lawful adoption proceedings; and no provision of this section abrogates the right of procedures for independent adoption as provided by law.

(4) The division is specifically authorized to promulgate rules under the Administrative Procedures Law, Title 25, Chapter 43, Mississippi Code of 1972, to regulate fees charged by licensed child-placing agencies, if it determines that the practices of those licensed child-placing agencies demonstrates that the fees charged are excessive or that any of the agency's practices are deceptive or misleading; however, those rules regarding fees shall take into account the use of any sliding fee by an agency that uses a sliding fee procedure to permit prospective adoptive parents of varying income levels to utilize the services of those agencies or persons.

(5) The division shall promulgate rules under the Administrative Procedures Law, Title 25, Chapter 43, Mississippi Code of 1972, to require that all licensed child-placing agencies provide written disclosures to all prospective adoptive parents of any fees or other charges for each service performed by the agency or person, and file an annual report with the division that states the fees and charges for those services, and to require them to inform the division in writing thirty (30) days in advance of any proposed changes to the fees or charges for those services.

(6) The division is specifically authorized to disclose to prospective adoptive parents or other interested persons any fees charged by any licensed child-placing agency, attorney or counseling service or counselor for all legal and counseling services provided by that licensed child-placing agency, attorney or counseling service or counselor.

SECTION 4. This act shall take effect and be in force from and after July 1, 2004.