MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary A; Appropriations
By: Representative Blackmon
AN ACT TO ENACT THE MISSISSIPPI UNIFORM PARENTAGE ACT (2000) TO GOVERN THE DETERMINATION OF PATERNITY AND MATERNITY; TO CREATE NEW SECTION 93-9-101, MISSISSIPPI CODE OF 1972, TO ENACT A SHORT TITLE; TO CREATE NEW SECTION 93-9-102, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 93-9-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THE MATTERS COVERED UNDER THE ACT AND PROVIDE FOR CHOICE OF LAW; TO CREATE NEW SECTION 93-9-104, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR JURISDICTION; TO CREATE NEW SECTION 93-9-105, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PROTECTION OF THE PARTIES; TO CREATE NEW SECTION 93-9-106, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DETERMINATION OF MATERNITY IS MADE AS IS DETERMINATION OF PATERNITY; TO CREATE NEW SECTION 93-9-107, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE OBLIGATIONS OF A FATHER; TO CREATE NEW SECTION 93-9-201, MISSISSIPPI CODE OF 1972, TO ENACT STANDARDS FOR THE CREATION OF A PARENTAL RELATIONSHIP; TO CREATE NEW SECTION 93-9-202, MISSISSIPPI CODE OF 1972, TO PROHIBIT DISCRIMINATION AGAINST CHILDREN WHOSE PARENTS ARE NOT MARRIED TO EACH OTHER; TO CREATE NEW SECTION 93-9-203, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONTINUITY OF AN ESTABLISHED PARENTAL RELATIONSHIP; TO CREATE NEW SECTION 93-9-204, MISSISSIPPI CODE OF 1972, TO SPECIFY CIRCUMSTANCES UNDER WHICH PATERNITY IS PRESUMED; TO CREATE NEW SECTIONS 93-9-301, 93-9-302, 93-9-303, 93-9-304, 93-9-305, 93-9-306, 93-9-307, 93-9-308, 93-9-309, 93-9-310, 93-9-311, 93-9-312, 93-9-313 AND 93-9-314, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR VOLUNTARY ACKNOWLEDGMENT OR DENIAL OF PATERNITY AND RESCISSION OF ANY ACKNOWLEDGMENT OR DENIAL, THAT NO FEE SHALL BE CHARGED FOR FILING ACKNOWLEDGMENT OR DENIAL, FOR PROMULGATION OF RULES, AND TO REQUIRE THAT FULL FAITH AND CREDIT BE GIVEN TO OUT-OF-STATE ACKNOWLEDGMENTS OR DENIALS; TO CREATE NEW SECTION 93-9-401, MISSISSIPPI CODE OF 1972, TO ESTABLISH A REGISTRY OF PATERNITY; TO CREATE NEW SECTION 93-9-402, MISSISSIPPI CODE OF 1972, TO ALLOW A FATHER TO REGISTER TO REQUEST NOTIFICATION OF PROCEEDINGS; TO CREATE NEW SECTION 93-9-403, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE OF PROCEEDINGS TO BE GIVEN TO ONE WHO HAS REGISTERED; TO CREATE NEW SECTIONS 93-9-404 AND 93-9-405, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TERMINATION OF PARENTAL RIGHTS; TO CREATE NEW SECTION 93-9-411, MISSISSIPPI CODE OF 1972, TO REQUIRE PROMULGATION OF A FORM FOR REGISTRATION WITH THE REGISTRY; TO CREATE NEW SECTION 93-9-412, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONFIDENTIALITY; TO CREATE NEW SECTION 93-9-413, MISSISSIPPI CODE OF 1972, TO CREATE A PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION; TO CREATE NEW SECTION 93-9-414, MISSISSIPPI CODE OF 1972, TO ALLOW RESCISSION OF REGISTRATION; TO CREATE NEW SECTION 93-9-415, MISSISSIPPI CODE OF 1972, TO INVALIDATE AN UNTIMELY REGISTRATION; TO CREATE NEW SECTION 93-9-416, MISSISSIPPI CODE OF 1972, TO ALLOW REASONABLE FEES; TO CREATE NEW SECTION 93-9-421, MISSISSIPPI CODE OF 1972, TO REQUIRE SEARCH OF THE REGISTRY IN ADOPTIONS AND TERMINATIONS; TO CREATE NEW SECTION 93-9-422, MISSISSIPPI CODE OF 1972, TO CREATE A CERTIFICATE OF SEARCH; TO CREATE NEW SECTION 93-9-423, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADMISSIBILITY OF REGISTERED INFORMATION; TO CREATE NEW SECTIONS 93-9-501, 93-9-502 AND 93-9-503, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR GENETIC TESTING AND TO ENACT STANDARDS; TO CREATE NEW SECTION 93-9-504, MISSISSIPPI CODE OF 1972, TO ENACT STANDARDS FOR GENETIC TESTING REPORTS; TO CREATE NEW SECTION 93-9-505, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REBUTTAL OF GENETIC TEST REPORTS; TO CREATE NEW SECTION 93-9-506, MISSISSIPPI CODE OF 1972, TO REQUIRE ASSESSMENT OF COST OF TESTING; TO CREATE NEW SECTION 93-9-507, MISSISSIPPI CODE OF 1972, TO ALLOW ADDITIONAL TESTING; TO CREATE NEW SECTION 93-9-508, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TESTING WHEN ALLEGED PARENT IS NOT AVAILABLE; TO CREATE NEW SECTION 93-9-509, MISSISSIPPI CODE OF 1972, TO ALLOW TESTING OF A DECEASED PERSON; TO CREATE NEW SECTION 93-9-510, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TESTING OF A PERSON WHO HAS AN IDENTICAL SIBLING; TO CREATE NEW SECTION 93-9-511, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONFIDENTIALITY OF GENETIC TEST RESULTS; TO CREATE NEW SECTION 93-9-601, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CIVIL PROCEEDINGS TO ADJUDICATE PARENTAGE; TO CREATE NEW SECTION 93-9-602, MISSISSIPPI CODE OF 1972, TO SPECIFY WHAT PERSONS HAVE STANDING TO MAINTAIN THE ACTION; TO CREATE NEW SECTION 93-9-603, MISSISSIPPI CODE OF 1972, TO SPECIFY WHO MUST BE JOINED; TO CREATE NEW SECTION 93-9-604, MISSISSIPPI CODE OF 1972, TO SPECIFY THE COURT'S JURISDICTION; TO CREATE NEW SECTION 93-9-605, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR VENUE OF ACTIONS; TO CREATE NEW SECTIONS 93-9-606 AND 93-9-607, MISSISSIPPI CODE OF 1972, TO PROVIDE A STATUTE OF LIMITATIONS UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 93-9-608, MISSISSIPPI CODE OF 1972, TO ALLOW AUTHORITY TO DENY A MOTION FOR GENETIC TESTING; TO CREATE NEW SECTION 93-9-609, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL LIMITATIONS ON TIME FOR A CHILD HAVING AN ACKNOWLEDGED OR ADJUDICATED FATHER; TO CREATE NEW SECTION 93-9-610, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR JOINDER; TO CREATE NEW SECTION 93-9-611, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PROCEEDINGS BEFORE BIRTH; TO CREATE NEW SECTION 93-9-612, MISSISSIPPI CODE OF 1972, TO SPECIFY PERMISSIBLE PARTIES; TO CREATE NEW SECTION 93-9-621, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADMISSIBILITY OF GENETIC TEST RESULTS AND PAYMENT OF EXPENSES; TO CREATE NEW SECTION 93-9-622, MISSISSIPPI CODE OF 1972, TO PROVIDE CONSEQUENCES FOR FAILURE TO SUBMIT TO GENETIC TESTING; TO CREATE NEW SECTION 93-9-623, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADMISSION OF PATERNITY; TO CREATE NEW SECTION 93-9-624, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A TEMPORARY ORDER; TO CREATE NEW SECTION 93-9-631, MISSISSIPPI CODE OF 1972, TO ENACT RULES FOR ADJUDICATION OF PATERNITY; TO CREATE NEW SECTION 93-9-632, MISSISSIPPI CODE OF 1972, TO REQUIRE TRIAL BY THE COURT SITTING WITHOUT A JURY; TO CREATE NEW SECTION 93-9-633, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CLOSED HEARINGS AND OPEN RECORDS; TO CREATE NEW SECTION 93-9-634, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ORDER IN EVENT OF DEFAULT; TO CREATE NEW SECTION 93-9-635, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISMISSAL UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 93-9-636, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ORDER OF PARENTAGE; TO CREATE NEW SECTION 93-9-637, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE EFFECT OF THE ORDER; TO CREATE NEW SECTION 93-9-638, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ENFORCEMENT OF THE ORDER AND THE SURNAME OF THE CHILD IN ABSENCE OF ORDER; TO CREATE NEW SECTION 93-9-639, MISSISSIPPI CODE OF 1972, TO ENACT A LIMITATION ON RECOVERY FROM THE FATHER; TO CREATE NEW SECTION 93-9-640, MISSISSIPPI CODE OF 1972, TO ENACT LIMITATION ON RECOVERY FROM THE FATHER'S ESTATE; TO CREATE NEW SECTION 93-9-641, MISSISSIPPI CODE OF 1972, TO ALLOW GIVING OF SECURITY; TO CREATE NEW SECTION 93-9-642, MISSISSIPPI CODE OF 1972, TO ALLOW COMMITMENT FOR CONTEMPT UPON DEFAULT; TO CREATE NEW SECTION 93-9-643, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REQUIREMENT OF SUPPORT BY MOTHER; TO CREATE NEW SECTION 93-9-644, MISSISSIPPI CODE OF 1972, TO PROVIDE PUNISHMENT FOR FALSE DECLARATION; TO CREATE NEW SECTION 93-9-645, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PROBATION UPON DEFAULT; TO CREATE NEW SECTION 93-9-646, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE FOR APPEALS; TO CREATE NEW SECTION 93-9-647, MISSISSIPPI CODE OF 1972, TO SPECIFY THE PROSECUTING OFFICIAL; TO CREATE NEW SECTIONS 93-9-701, 93-9-702, 93-9-703, 93-9-704, 93-9-705, 93-9-706 AND 93-9-707, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DETERMINATION OF PARENTAGE OF A CHILD OF ASSISTED REPRODUCTION; TO CREATE NEW SECTION 93-9-801, MISSISSIPPI CODE OF 1972, TO AUTHORIZE GESTATIONAL AGREEMENTS; TO CREATE NEW SECTION 93-9-802, MISSISSIPPI CODE OF 1972, TO ALLOW COURT VALIDATION OF GESTATIONAL AGREEMENTS; TO CREATE NEW SECTION 93-9-803, MISSISSIPPI CODE OF 1972, TO ALLOW A HEARING; TO CREATE NEW SECTION 93-9-804, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONFIDENTIALITY OF AGREEMENTS; TO CREATE NEW SECTION 93-9-805, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONTINUING JURISDICTION; TO CREATE NEW SECTION 93-9-806, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TERMINATION OF GESTATIONAL AGREEMENTS; TO CREATE NEW SECTIONS 93-9-807, 93-9-808 AND 93-9-809, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE EFFECT OF VALIDATED AND NONVALIDATED GESTATIONAL AGREEMENTS AND THE EFFECT OF MARRIAGE; TO CREATE NEW SECTION 93-9-901, MISSISSIPPI CODE OF 1972, TO REQUIRE UNIFORMITY IN CONSTRUCTION AND APPLICATION OF THE ACT; TO CREATE NEW SECTION 93-9-902, MISSISSIPPI CODE OF 1972, TO PROVIDE SEVERABILITY OF THE ACT; TO CREATE NEW SECTION 93-9-903, MISSISSIPPI CODE OF 1972, TO PROVIDE A TRANSITION PERIOD; TO AMEND SECTIONS 41-57-14, 41-57-23 AND 93-17-8, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PURPOSES OF THIS ACT; TO REPEAL SECTIONS 93-9-1, 93-9-3, 93-9-5, 93-9-7, 93-9-9, 93-9-11, 93-9-13, 93-9-15, 93-9-17, 93-9-19, 93-9-21, 93-9-23, 93-9-25, 93-9-27, 93-9-28, 93-9-29, 93-9-30, 93-9-31, 93-9-33, 93-9-35, 93-9-37, 93-9-39, 93-9-41, 93-9-43, 93-9-45, 93-9-47 AND 93-9-49, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE MISSISSIPPI UNIFORM LAW ON PATERNITY, AND SECTIONS 93-9-71, 93-9-73 AND 93-9-75, MISSISSIPPI CODE OF 1972, DEALING WITH THE EFFECT ON A PATERNITY PROCEEDING OF THE DEATH OF A MOTHER OR CHILD AND THE ADMISSIBILITY OF A MOTHER'S DYING DECLARATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
Article 1
General Provisions
SECTION 1. The following shall be codified as Section 93-9-101, Mississippi Code of 1972:
93-9-101. Short title. This chapter may be cited as the Mississippi Uniform Parentage Act (2000).
SECTION 2. The following shall be codified as Section 93-9-102, Mississippi Code of 1972:
93-9-102. Definitions. In this chapter:
(1) "Acknowledged father" means a man who has established a father-child relationship under Article 3.
(2) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
(3) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:
(A) A presumed father;
(B) A man whose parental rights have been terminated or declared not to exist; or
(C) A male donor.
(4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes:
(A) Intrauterine insemination;
(B) Donation of eggs;
(C) Donation of embryos;
(D) In-vitro fertilization and transfer of embryos; and
(E) Intracytoplasmic sperm injection.
(5) "Child" means an individual of any age whose parentage may be determined under Article 3 or adjudication by the court.
(6) "Commence" means to file the initial pleading seeking an adjudication of parentage in the appropriate court of this state.
(7) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under Sections 93-9-301 through 93-9-314 or adjudication by the court.
(8) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include:
(A) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;
(B) A woman who gives birth to a child by means of assisted reproduction, except as otherwise provided in Article 8; or
(C) A parent under Article 7 or an intended parent under Article 8.
(9) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information.
(10) "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:
(A) Deoxyribonucleic acid; and
(B) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.
(11) "Gestational mother" means an adult woman who gives birth to a child under a gestational agreement.
(12) "Man" means a male individual of any age.
(13) "Parent" means an individual who has established a parent-child relationship under Section 93-7-201.
(14) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.
(15) "Paternity index" means the likelihood of paternity calculated by computing the ratio between:
(A) The likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is the father of the child; and
(B) The likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man.
(16) "Presumed father" means a man who, by operation of law under Section 93-9-204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
(17) "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.
(18) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(19) "Signatory" means an individual who authenticates a record and is bound by its terms.
(20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(21) "Support-enforcement agency" means a public official or agency authorized to seek:
(A) Enforcement of support orders or laws relating to the duty of support;
(B) Establishment or modification of child support;
(C) Determination of parentage; or
(D) Location of child-support obligors and their income and assets.
SECTION 3. The following shall be codified as Section 93-9-103, Mississippi Code of 1972:
93-9-103. Scope of chapter; choice of law. (a) This chapter applies to determination of parentage in this state.
(b) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:
(1) The place of birth of the child; or
(2) The past or present residence of the child.
(c) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this state.
(d) This chapter does not authorize or prohibit an agreement between a woman and a man and another woman in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the man and other woman become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under the law of Mississippi, the parent-child relationship is determined as provided in this chapter.
SECTION 4. The following shall be codified as Section 93-9-104, Mississippi Code of 1972:
93-9-104. Court exercising jurisdiction. The chancery, youth, circuit, and county courts are authorized to adjudicate parentage under this chapter. Nothing herein contained shall be construed as abridging the power and jurisdiction of the chancery courts of the State of Mississippi exercised over the estates of minors, nor as an abridgment of the power and authority of said chancery courts or the chancellor in vacation or chancery clerk in vacation to appoint guardians for minors. These courts also have jurisdiction of support actions, and all remedies for the enforcement of orders for expenses of pregnancy and confinement for a wife, or for education, necessary support and maintenance, or funeral expenses for legitimate children shall apply. The court has continuing jurisdiction to modify or revoke an order and to increase or decrease amounts fixed by order for future education and necessary support and maintenance. All remedies under the Uniform Interstate Family Support Act, and amendments thereto, are available for enforcement of duties of support and maintenance under this chapter. In all youth court cases, the section of any orders or an abstract of the section containing paternity or support shall be sent to either the chancery or county court for registration, modification, and enforcement.
SECTION 5. The following shall be codified as Section 93-9-105, Mississippi Code of 1972:
93-9-105. Protection of participants. Proceedings under this chapter are subject to other laws of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number, and the child's day care facility and school, except as provided by Section 41-57-14.
SECTION 6. The following shall be codified as Section 93-9-106, Mississippi Code of 1972:
93-9-106. Determination of maternity. Provisions of this chapter relating to determination of paternity apply to determinations of maternity.
SECTION 7. The following shall be codified as Section 93-9-107, Mississippi Code of 1972:
93-9-107. Obligations of father. The father of a child born outside lawful matrimony is liable to the same extent as the father of a child born of lawful matrimony, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement, and for the education, necessary support and maintenance, and medical and funeral expenses of the child. A child born outside lawful matrimony also includes a child born to a married woman by a man other than her lawful husband.
Article 2
Parent-Child Relationship
SECTION 8. The following shall be codified as Section 93-9-201, Mississippi Code of 1972:
93-9-201. Establishment of parent-child relationship. (a) The mother-child relationship is established between a woman and a child by:
(1) The woman's having given birth to the child, except as otherwise provided in Article 8;
(2) An adjudication of the woman's maternity;
(3) Adoption of the child by the woman; or
(4) An adjudication confirming the woman as a parent of a child born to a gestational mother if the agreement was validated under Article 8 or is enforceable under other law.
(b) The father-child relationship is established between a man and a child by:
(1) An unrebutted presumption of the man's paternity of the child under Section 93-9-204;
(2) An effective acknowledgment of paternity by the man under Article 3, unless the acknowledgment has been rescinded or successfully challenged;
(3) An adjudication of the man's paternity;
(4) Adoption of the child by the man;
(5) The man's having consented to assisted reproduction by a woman under Article 7 which resulted in the birth of the child; or
(6) An adjudication confirming the man as a parent of a child born to a gestational mother if the agreement was validated under Article 8 or is enforceable under other law.
SECTION 9. The following shall be codified as Section 93-9-202, Mississippi Code of 1972:
93-9-202. No discrimination based on marital status. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
SECTION 10. The following shall be codified as Section 93-9-203, Mississippi Code of 1972:
93-9-203. Consequences of establishment of parentage. Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.
SECTION 11. The following shall be codified as Section 93-9-204, Mississippi Code of 1972:
93-9-204. Presumption of paternity. (a) A man is presumed to be the father of a child if:
(1) He and the mother of the child are married to each other and the child is born during the marriage;
(2) He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or entry of a decree of separate maintenance;
(3) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, divorce, or entry of a decree of separate maintenance;
(4) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
(A) The assertion is in a record filed with the Office of Vital Records Registration of the State Department of Health;
(B) He agreed to be and is named as the child's father on the child's birth certificate; or
(C) He promised in a record to support the child as his own; or
(5) For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own.
(b) A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6.
Article 3
Voluntary Acknowledgement of Paternity
SECTION 12. The following shall be codified as Section 93-9-301, Mississippi Code of 1972:
93-9-301. Acknowledgment of paternity. The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.
SECTION 13. The following shall be codified as Section 93-9-302, Mississippi Code of 1972:
93-9-302. Execution of acknowledgment of paternity. (a) An acknowledgment of paternity must:
(1) Be in a record;
(2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) State that the child whose paternity is being acknowledged:
(A) Does not have a presumed father, or has a presumed father whose full name is stated; and
(B) Does not have another acknowledged or adjudicated father;
(4) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two (2) years.
(b) An acknowledgment of paternity is void if it:
(1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the State Board of Health State Registrar of Vital Records;
(2) States that another man is an acknowledged or adjudicated father; or
(3) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
SECTION 14. The following shall be codified as Section 93-9-303, Mississippi Code of 1972:
93-9-303. Denial of paternity. A presumed father may sign a denial of his paternity. The denial is valid only if:
(1) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 93-9-305;
(2) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and
(3) The presumed father has not previously:
(A) Acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 93-9-307 or successfully challenged pursuant to Section 93-9-308; or
(B) Been adjudicated to be the father of the child.
SECTION 15. The following shall be codified as Section 93-9-304, Mississippi Code of 1972:
93-9-304. Rules for acknowledgment and denial of paternity. (a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgement and denial are both necessary, neither is valid until both are filed.
(b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
(c) Subject to subsection (a), an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Bureau of Vital Statistics, whichever occurs later.
(d) An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with this chapter.
SECTION 16. The following shall be codified as Section 93-9-305, Mississippi Code of 1972:
93-9-305. Effect of acknowledgment or denial of paternity. (a) Except as otherwise provided in Sections 93-9-307 and 93-9-308, a valid acknowledgment of paternity filed with the Bureau of Vital Statistics is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.
(b) Except as otherwise provided in Sections 93-9-307 and 93-9-308, a valid denial of paternity by a presumed father filed with the Bureau of Vital Statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
SECTION 17. The following shall be codified as Section 93-9-306, Mississippi Code of 1972:
93-9-306. No filing fee. The Bureau of Vital Statistics may not charge for filing an acknowledgment of paternity or denial of paternity.
SECTION 18. The following shall be codified as Section 93-9-307, Mississippi Code of 1972:
93-9-307. Proceeding for rescission. A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:
(1) Sixty (60) days after the effective date of the acknowledgment or denial, as provided in Section 93-9-304; or
(2) The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
SECTION 19. The following shall be codified as Section 93-9-308, Mississippi Code of 1972:
93-9-308. Challenge after expiration of period for rescission. (a) After the period for rescission under Section 93-9-307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) On the basis of fraud, duress, or material mistake of fact; and
(2) Within two (2) years after the acknowledgment or denial is filed with the Bureau of Vital Statistics.
(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
SECTION 20. The following shall be codified as Section 93-9-309, Mississippi Code of 1972:
93-9-309. Procedure for rescission or challenge. (a) Every signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
(b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the Bureau of Vital Statistics.
(c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under Article 6.
(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the Bureau of Vital Statistics to amend the birth record of the child, if appropriate.
SECTION 21. The following shall be codified as Section 93-9-310, Mississippi Code of 1972:
93-9-310. Ratification barred. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.
SECTION 22. The following shall be codified as Section 93-9-311, Mississippi Code of 1972:
93-9-311. Full faith and credit. A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
SECTION 23. The following shall be codified as Section 93-9-312, Mississippi Code of 1972:
93-9-312. Forms for acknowledgment and denial of paternity. (a) To facilitate compliance with this article, the Bureau of Vital Statistics shall prescribe forms for the acknowledgment of paternity and the denial of paternity.
(b) A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
(c) The Mississippi Department of Health and the Mississippi Department of Human Services shall cooperate to establish procedures to facilitate the voluntary acknowledgement of paternity by both father and mother at the time of the birth of any child born out of wedlock. Such procedures shall establish responsibilities for each of the departments and for hospitals, birthing centers, midwives, or other birth attendants to seek and report voluntary acknowledgements of paternity. In establishing such procedures, the departments shall provide for obtaining the social security account numbers of both the father and mother on voluntary acknowledgements.
(d) Upon the birth of a child out of wedlock, the hospital, birthing center, midwife or other birth attendant shall provide an opportunity for the child's mother and natural father to complete an acknowledgement of paternity by giving the mother and natural father the appropriate forms and information developed through the procedures established in subsection (c) of this section. The hospital, birthing center, midwife or other birth attendant shall be responsible for providing printed information, and audio visual material if available, related to the acknowledgement of paternity, and shall be required to provide notary services needed for the completion of acknowledgements of paternity. The information described above shall be provided to the mother and natural father, if present and identifiable, within twenty-four (24) hours of birth or before the mother is released. Such information, including forms, brochures, pamphlets, video tapes and other media, shall be provided at no cost to the hospital, birthing center or midwife by the Mississippi State Department of Health, the Department of Human Services or other appropriate agency.
SECTION 24. The following shall be codified as Section 93-9-313, Mississippi Code of 1972:
93-9-313. Release of information. The Bureau of Vital Statistics may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts, appropriate state agencies of this or another state, or appropriate federal agencies.
SECTION 25. The following shall be codified as Section 93-9-314, Mississippi Code of 1972:
93-9-314. Adoption of rules. The Office of Vital Records Registration of the State Department of Health may adopt rules to implement this article.
Article 4
Registry of Paternity
Part 1
General Provisions
SECTION 26. The following shall be codified as Section 93-9-401, Mississippi Code of 1972:
93-9-401. Establishment of registry. A registry of paternity is established in the Bureau of Vital Statistics.
SECTION 27. The following shall be codified as Section 93-9-402, Mississippi Code of 1972:
93-9-402. Registration for notification. (a) Except as otherwise provided in subsection (b) or Section 93-9-405, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered must register in the registry of paternity before the birth of the child or within thirty (30) days after the birth.
(b) A man is not required to register if:
(1) A father-child relationship between the man and the child has been established under this article or other law; or
(2) The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
(c) A registrant shall promptly notify the registry in a record of any change in the information registered. The Bureau of Vital Statistics shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.
SECTION 28. The following shall be codified as Section 93-9-403, Mississippi Code of 1972:
93-9-403. Notice of proceeding. Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to a registrant who has timely registered. Notice must be given in a manner prescribed for service of process in a civil action.
SECTION 29. The following shall be codified as Section 93-9-404, Mississippi Code of 1972:
93-9-404. Termination of parental rights: child under one year of age. The parental rights of a man who may be the father of a child may be terminated without notice if:
(1) The child has not attained one (1) year of age at the time of the termination of parental rights;
(2) The man did not register timely with the Bureau of Vital Statistics; and
(3) The man is not exempt from registration under Section 93-9-402.
SECTION 30. The following shall be codified as Section 93-9-405, Mississippi Code of 1972:
93-9-405. Termination of parental rights: child at least one year of age. (a) If a child has attained one (1) year of age, notice of a proceeding for adoption of, or termination of parental rights regarding, the child must be given to every alleged father of the child, whether or not he has registered with the Bureau of Vital Statistics.
(b) Notice must be given in a manner prescribed for service of process in a civil action.
Part 2
Operation of Registry
SECTION 31. The following shall be codified as Section 93-9-411, Mississippi Code of 1972:
93-9-411. Required form. The Bureau of Vital Statistics shall prepare a form for registering with the agency. The form must require the signature of the registrant. The form must state that the form is signed under penalty of perjury. The form must also state that:
(1) A timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights;
(2) A timely registration does not commence a proceeding to establish paternity;
(3) The information disclosed on the form may be used against the registrant to establish paternity;
(4) Services to assist in establishing paternity are available to the registrant through the support-enforcement agency;
(5) The registrant should also register in another state if conception or birth of the child occurred in the other state;
(6) Information on registries of other states is available from the Bureau of Vital Statistics; and
(7) Procedures exist to rescind the registration of a claim of paternity.
SECTION 32. The following shall be codified as Section 93-9-412, Mississippi Code of 1972:
93-9-412. Furnishing of information; confidentiality. (a) The Bureau of Vital Statistics need not seek to locate the mother of a child who is the subject of a registration, but the Bureau of Vital Statistics shall send a copy of the notice of registration to a mother if she has provided an address.
(b) Information contained in the registry is confidential and may be released on request only to:
(1) A court or a person designated by the court;
(2) The mother of the child who is the subject of the registration;
(3) An agency authorized by other law to receive the information;
(4) A licensed child-placing agency;
(5) A support-enforcement agency;
(6) A party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and
(7) The registry of paternity in another state.
SECTION 33. The following shall be codified as Section 93-9-413, Mississippi Code of 1972:
93-9-413. Penalty for releasing information. An individual commits a misdemeanor if the individual intentionally releases information from the registry to another individual or agency not authorized to receive the information under Section 93-9-412.
SECTION 34. The following shall be codified as Section 93-9-414, Mississippi Code of 1972:
93-9-414. Rescission of registration. A registrant may rescind his registration at any time by sending to the registry a rescission in a record signed or otherwise authenticated by him, and witnessed or notarized.
SECTION 35. The following shall be codified as Section 93-9-415, Mississippi Code of 1972:
93-9-415. Untimely registration. If a man registers more than thirty (30) days after the birth of the child, the Bureau of Vital Statistics shall notify the registrant that on its face his registration was not filed timely.
SECTION 36. The following shall be codified as Section 93-9-416, Mississippi Code of 1972:
93-9-416. Fees for registry. (a) A fee may not be charged for filing a registration or a rescission of registration.
(b) Except as otherwise provided in subsection (c), the Bureau of Vital Statistics may charge a reasonable fee for making a search of the registry and for furnishing a certificate.
(c) A support-enforcement agency is not required to pay a fee authorized by subsection (b).
Part 3
Search of Registries
SECTION 37. The following shall be codified as Section 93-9-421, Mississippi Code of 1972:
93-9-421. Search of appropriate registry. (a) If a father-child relationship has not been established under this chapter for a child under one (1) year of age, a petitioner for adoption of, or termination of parental rights regarding, the child, must obtain a certificate of search of the registry of paternity.
(b) If a petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also obtain a certificate of search from the registry of paternity, if any, in that state.
SECTION 38. The following shall be codified as Section 93-9-422, Mississippi Code of 1972:
93-9-422. Certificate of search of registry. (a) The Bureau of Vital Statistics shall furnish to the requester a certificate of search of the registry on request of an individual, court, or agency identified in Section 93-9-412.
(b) A certificate provided by the Bureau of Vital Statistics must be signed on behalf of the bureau and state that:
(1) A search has been made of the registry; and
(2) A registration containing the information required to identify the registrant:
(A) Has been found and is attached to the certificate of search; or
(B) Has not been found.
(c) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.
SECTION 39. The following shall be codified as Section 93-9-423, Mississippi Code of 1972:
93-9-423. Admissibility of registered information. A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.
Article 5
Genetic Testing
SECTION 40. The following shall be codified as Section 93-9-501, Mississippi Code of 1972:
93-9-501. Scope of article. This article governs genetic testing of an individual to determine parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a support-enforcement agency.
SECTION 41. The following shall be codified as Section 93-9-502, Mississippi Code of 1972:
93-9-502. Order for testing. (a) Except as otherwise provided in this article and Article 6, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(1) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or
(2) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
(b) A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father. Except as provided in Section 93-9-502, in all cases brought pursuant to Title IV-D of the Social Security Act, upon sworn documentation by the mother, alleged father, or the Department of Human Services alleging paternity, the department may issue an administrative order for paternity testing which requires the mother, alleged father and minor child to submit themselves for paternity testing. The department shall send the alleged father a copy of the Administrative Order and a Notice for Genetic Testing which shall include the date, time and place for collection of the alleged father's genetic sample. The department shall also send the alleged father a Notice and Complaint to Establish Paternity which shall specify the date and time certain of the court hearing by certified mail, restricted delivery, return receipt requested. Notice shall be deemed complete as of the date of delivery as evidenced by the return receipt. The required notice may also be delivered by personal service upon the alleged father in accordance with Rule 4 of the Mississippi Rules of Civil Procedure insofar as service of an administrative order or notice is concerned.
(c) If a request for genetic testing of a child is made before birth, the court or support-enforcement agency may not order in-utero testing.
(d) If two (2) or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
(e) The court shall ensure that all parties are aware of the right to request genetic tests under this section.
SECTION 42. The following shall be codified as Section 93-9-503, Mississippi Code of 1972:
93-9-503. Requirements for genetic testing. (a) Genetic testing shall be made by experts qualified as examiners of genetic tests and must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) The American Association of Blood Banks, or a successor to its functions;
(2) The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
(3) An accrediting body designated by the federal Secretary of Health and Human Services.
(b) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
(c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory's choice, the following rules apply:
(1) The individual objecting may require the testing laboratory, within thirty (30) days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.
(2) The individual objecting to the testing laboratory's initial choice shall:
(A) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(B) Engage another testing laboratory to perform the calculations.
(3) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
(d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under Section 93-9-505, an individual who has been tested may be required to submit to additional genetic testing.
(e) Genetic tests shall be performed by a laboratory selected from the approved list as prepared and maintained by the Department of Human Services.
(f) The Department of Human Services shall publicly issue a request for proposals, and such requests for proposals when issued shall contain terms and conditions relating to price, technology and such other matters as are determined by the department to be appropriate for inclusion or required by law. After responses to the request for proposals have been duly received, the department shall select the lowest and best bid or bids on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the laboratories submitting proposals. The department shall prepare a list of all laboratories with which it has contracted on these terms. The list and any updates thereto shall be distributed to all chancery clerks. To be eligible to appear on the list, a laboratory must meet the following requirements:
(1) The laboratory is qualified to do business within the State of Mississippi;
(2) The laboratory can provide test results in less than fourteen (14) days; and
(3) The laboratory has participated in the competitive procurement process.
SECTION 43. The following shall be codified as Section 93-9-504, Mississippi Code of 1972:
93-9-504. Report of genetic testing. (a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. The report must state the amount of the fee for performing the test and the procedures performed to obtain the test results. A report made under the requirements of this article is self-authenticating.
(b) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(1) The names and photographs of the individuals whose specimens have been taken;
(2) The names of the individuals who collected the specimens;
(3) The places and dates the specimens were collected;
(4) The names of the individuals who received the specimens in the testing laboratory; and
(5) The dates the specimens were received.
SECTION 44. The following shall be codified as Section 93-9-505, Mississippi Code of 1972:
93-9-505. Genetic testing results; rebuttal. (a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that:
(1) The man has at least a ninety-nine percent (99%) probability of paternity, using a prior probability of one-half (0.50), as calculated by using the combined paternity index obtained in the testing; and
(2) A combined paternity index of at least one hundred to one (100 to 1).
(b) A man identified under subsection (a) as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this article which:
(1) Excludes the man as a genetic father of the child; or
(2) Identifies another man as the possible father of the child.
(c) Except as otherwise provided in Section 93-9-510, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
SECTION 45. The following shall be codified as Section 93-9-506, Mississippi Code of 1972:
93-9-506. Costs of genetic testing. (a) Subject to assessment of costs under Article 6, the cost of initial genetic testing must be advanced:
(1) By a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;
(2) By the individual who made the request;
(3) As agreed by the parties; or
(4) As ordered by the court.
(b) In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
SECTION 46. The following shall be codified as Section 93-9-507, Mississippi Code of 1972:
93-9-507. Additional genetic testing. The court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under Section 93-9-505, the court or agency may not order additional testing unless the party provides advance payment for the testing.
SECTION 47. The following shall be codified as Section 93-9-508, Mississippi Code of 1972:
93-9-508. Genetic testing when specimens not available. (a) Subject to subsection (b), if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:
(1) The parents of the man;
(2) Brothers and sisters of the man;
(3) Other children of the man and their mothers; and
(4) Other relatives of the man necessary to complete genetic testing.
(b) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
SECTION 48. The following shall be codified as Section 93-9-509, Mississippi Code of 1972:
93-9-509. Deceased individual. For good cause shown, the court may order genetic testing of a deceased individual.
SECTION 49. The following shall be codified as Section 93-9-510, Mississippi Code of 1972:
93-9-510. Identical brothers. (a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
(b) If each brother satisfies the requirements as the identified father of the child under Section 93-9-505 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
SECTION 50. The following shall be codified as Section 93-9-511, Mississippi Code of 1972:
93-9-511. Confidentiality of genetic testing. (a) Copies of the report of genetic testing for parentage shall be given to all parties or to the attorney of record if a party is represented by counsel; the original report shall be filed with the clerk of the court.
(b) An individual who intentionally releases a report of genetic testing or an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a misdemeanor.
Article 6
PROCEEDING TO ADJUDICATE PARENTAGE
Part 1
Nature of Proceeding
SECTION 51. The following shall be codified as Section 93-9-601, Mississippi Code of 1972:
93-9-601. Proceeding authorized. (a) A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Mississippi Rules of Civil Procedure.
(b) In all records, certificates or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purposes to refer to the mother as the parent having the sole custody of the child, and no explicit reference shall be made to illegitimacy.
SECTION 52. The following shall be codified as Section 93-9-602, Mississippi Code of 1972:
93-9-602. Standing to maintain proceeding. Subject to Article 3 and Sections 93-9-607 and 93-9-609, a proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The mother of the child;
(3) A man whose paternity of the child is to be adjudicated;
(4) The support-enforcement agency or other governmental agency authorized by other law;
(5) An authorized adoption agency or licensed child-placing agency;
(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(7) An intended parent under Article 8.
SECTION 53. The following shall be codified as Section 93-9-603, Mississippi Code of 1972:
93-9-603. Parties to proceeding. (a) The following individuals must be joined as parties in a proceeding to adjudicate parentage:
(1) The mother of the child; and
(2) A man whose paternity of the child is to be adjudicated.
(b) The death of the mother shall not abate the paternity prosecution, if the child be living; but a suggestion of the fact shall be made, and the name of the child substituted in the proceedings for that of the mother, and a guardian ad litem shall be appointed by the court to prosecute the cause, who shall not be liable for costs; and in such case the testimony of the mother, taken in writing before the justice, may be read in evidence, and shall have the same force and effect as if she were living and had testified to the same in court.
SECTION 54. The following shall be codified as Section 93-9-604, Mississippi Code of 1972:
93-9-604. Personal jurisdiction. (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 93-25-9 of the Uniform Interstate Family Support Act are fulfilled.
(c) Lack of jurisdiction over one (1) individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
SECTION 55. The following shall be codified as Section 93-9-605, Mississippi Code of 1972:
93-9-605. Venue. (a) Venue for a proceeding to adjudicate parentage is in the county of this state in which:
(1) The child resides or is found;
(2) The respondent resides or is found if the child does not reside in this state; or
(3) A proceeding for probate or administration of the presumed or alleged father's estate has been commenced.
(b) Subsequent to an initial filing in an appropriate court, any action regarding paternity, support, enforcement or modification and to which the Department of Human Services is a party may be heard in any county by a court which would otherwise have jurisdiction and is a proper venue. Upon written request by the Department of Human Services, the clerk of the court of the original county shall transfer a certified copy of the court file to the clerk of the appropriate transfer county without need for application to the court. Such written request shall certify that the Department of Human Services has issued timely notification of the transfer in writing to all interested parties. Such written request and notice shall be entered into the court file by the transferring clerk of the transferring court. The transferred action shall remain on the docket of the transferred court in which the action is heard, subject to another such transfer.
SECTION 56. The following shall be codified as Section 93-9-606, Mississippi Code of 1972:
93-9-606. No limitation: child having no presumed, acknowledged, or adjudicated father. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after:
(1) The child becomes an adult, but only if the child initiates the proceeding; or
(2) An earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
SECTION 57. The following shall be codified as Section 93-9-607, Mississippi Code of 1972:
93-9-607. Limitation: child having presumed father. (a) Except as otherwise provided in subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two (2) years after the birth of the child.
(b) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:
(1) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and
(2) The presumed father never openly held out the child as his own.
SECTION 58. The following shall be codified as Section 93-9-608, Mississippi Code of 1972:
93-9-608. Authority to deny motion for genetic testing. (a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father if the court determines that:
(1) The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and
(2) It would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.
(b) In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
(1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
(2) The length of time during which the presumed or acknowledged father has assumed the role of father of the child;
(3) The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;
(4) The nature of the relationship between the child and the presumed or acknowledged father;
(5) The age of the child;
(6) The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
(7) The nature of the relationship between the child and any alleged father;
(8) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.
(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
(d) Denial of a motion seeking an order for genetic testing must be based on clear and convincing evidence.
(e) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.
SECTION 59. The following shall be codified as Section 93-9-609, Mississippi Code of 1972:
93-9-609. Limitation: child having acknowledged or adjudicated father. (a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgement or denial or challenge the paternity of the child only within the time allowed under Section 93-9-307 or 93-9-308.
(b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than two (2) years after the effective date of the acknowledgment or adjudication.
(c) A proceeding under this section is subject to the application of the principles of estoppel established in Section 93-9-608.
SECTION 60. The following shall be codified as Section 93-9-610, Mississippi Code of 1972:
93-9-610. Joinder of proceedings. (a) Except as otherwise provided in subsection (b), a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, separate maintenance, probate or administration of an estate, or other appropriate proceeding.
(b) A respondent may not join a proceeding described in subsection (a) with a proceeding to adjudicate parentage brought under the Uniform Interstate Family Support Act.
SECTION 61. The following shall be codified as Section 93-9-611, Mississippi Code of 1972:
93-9-611. Proceeding before birth. A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
(1) Service of process;
(2) Discovery; and
(3) Except as prohibited by Section 93-9-502, collection of specimens for genetic testing.
SECTION 62. The following shall be codified as Section 93-9-612, Mississippi Code of 1972:
93-9-612. Child as party; representation. (a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article.
(b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.
Part 2
Special Rules for Proceeding to Adjudicate Parentage
SECTION 63. The following shall be codified as Section 93-9-621, Mississippi Code of 1972:
93-9-621. Admissibility of results of genetic testing; expenses. (a) Except as otherwise provided in subsection (c), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen (14) days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
(1) Voluntarily or pursuant to an order of the court or a support-enforcement agency; or
(2) Before or after the commencement of the proceeding.
(b) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
(c) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(1) With the consent of both the mother and the presumed, acknowledged, or adjudicated father; or
(2) Pursuant to an order of the court under Section 93-9-502.
(d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than ten (10) days before the date of a hearing are admissible to establish:
(1) The amount of the charges billed; and
(2) That the charges were reasonable, necessary, and customary.
SECTION 64. The following shall be codified as Section 93-9-622, Mississippi Code of 1972:
93-9-622. Consequences of declining genetic testing. (a) An order for genetic testing is enforceable by proceedings for contempt.
(b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
(c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
SECTION 65. The following shall be codified as Section 93-9-623, Mississippi Code of 1972:
93-9-623. Admission of paternity authorized. (a) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
(b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
SECTION 66. The following shall be codified as Section 93-9-624, Mississippi Code of 1972:
93-9-624. Temporary order. (a) In a proceeding under this article, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father through genetic testing under Section 93-9-505;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child; or
(6) The mother of the child.
(b) A temporary order may include provisions for custody and visitation as provided by other law of this state.
Part 3
Hearings and Adjudication
SECTION 67. The following shall be codified as Section 93-9-631, Mississippi Code of 1972:
93-9-631. Rules for adjudication of paternity. The court shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 93-9-505 must be adjudicated the father of the child.
(3) If the court finds that genetic testing under Section 93-9-505 neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
SECTION 68. The following shall be codified as Section 93-9-632, Mississippi Code of 1972:
93-9-632. Jury prohibited. The court, sitting without a jury, shall adjudicate paternity of a child.
SECTION 69. The following shall be codified as Section 93-9-633, Mississippi Code of 1972:
93-9-633. Hearings; inspection of records. (a) On request of a party and for good cause shown, the court may close a proceeding under this article.
(b) A final order in a proceeding under this article is available for public inspection. Other papers and records are available only with the consent of the parties or on order of the court for good cause.
(c) Any party calling a witness for the purpose of testifying to sexual intercourse with the mother at any possible time of conception of the child whose paternity is in question shall provide all other parties with the name and address of the witness at least twenty (20) days before the trial. If a witness is produced at the hearing for the purpose provided in this subsection but the party calling the witness failed to provide the twenty-day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness before hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.
SECTION 70. The following shall be codified as Section 93-9-634, Mississippi Code of 1972:
93-9-634. Order on default. The court shall issue an order adjudicating the paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child.
SECTION 71. The following shall be codified as Section 93-9-635, Mississippi Code of 1972:
93-9-635. Dismissal for want of prosecution. The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
SECTION 72. The following shall be codified as Section 93-9-636, Mississippi Code of 1972:
93-9-636. Order adjudicating parentage. (a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
(b) An order adjudicating parentage must identify the child by name and date of birth and provide for the support and education of the child.
(1) The order shall specify child support to be paid weekly or otherwise. In addition to providing for the support and education, the order shall also provide for the funeral expenses if the child has died; for the support of the child prior to the date of the order; and such other expenses as the court may deem proper. In the event the adjudicated parent has health insurance available through an employer or organization that may extend benefits to the dependents of the parent, the order may require the parent to exercise the option of additional coverage in favor of the child.
(2) The court may require the payment to be made to the mother, or to some person or corporation to be designated by the court as trustee, but if the child is or is likely to become a public charge on a county or the state, the human services agent of that county shall be made the trustee. The payment shall be directed to be made to a trustee if the mother does not reside within the jurisdiction of the court. The trustee shall report to the court annually, or oftener as directed by the court, the amounts received and paid over.
(c) Except as otherwise provided in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this article. The court may award attorney's fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.
(d) The court may not assess fees, costs, or expenses against the support-enforcement agency of this state or another state, except as provided by other law.
(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.
(f) If the order of the court is at variance with the child's birth certificate, the court shall order the Bureau of Vital Statistics to issue an amended birth registration even if the requirements of Section 41-57-23 have not been met.
SECTION 73. The following shall be codified as Section 93-9-637, Mississippi Code of 1972:
93-9-637. Binding effect of determination of parentage. (a) Except as otherwise provided in subsection (b), a determination of parentage is binding on:
(1) All signatories to an acknowledgement or denial of paternity as provided in Article 3; and
(2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 93-25-11 of the Uniform Interstate Family Support Act.
(b) A child is not bound by a determination of parentage under this chapter unless:
(1) The determination was based on an unrescinded acknowledgment of paternity and the acknowledgement is consistent with the results of genetic testing;
(2) The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
(3) The child was a party or was represented in the proceeding determining parentage by a guardian ad litem.
(c) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 93-25-9 of the Uniform Interstate Family Support Act, and the final order:
(1) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or
(2) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
(d) Except as otherwise provided in subsection (b), a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of paternity may challenge the adjudication only under laws of this state relating to appeal, vacation of judgments, or other judicial review.
Part 4
Additional Special Rules
SECTION 74. The following shall be codified as Section 93-9-638, Mississippi Code of 1972:
93-9-638. Enforcement; surname of child. If paternity has been lawfully determined, or has been acknowledged in writing according to the laws of this state, the liabilities of the noncustodial parent may be enforced in the same or other proceedings by the custodial parent, the child, or any public authority which has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, necessary support and maintenance, and medical or funeral expenses for the custodial parent or the child. The court shall receive without the need for third-party foundation testimony certified, attested or sworn documentation as evidence of (1) childbirth records; (2) cost of filing fees; (3) court costs; (4) services of process fees; (5) mailing cost; (6) genetic tests and testing fees; (7) the Department of Human Services' attorney's fees; (8) in cases where the state or any of its entities or divisions have provided medical services to the child or the child's mother, all costs of prenatal care, birthing, postnatal care and any other medical expenses incurred by the child or by the mother as a consequence of the mother's pregnancy or delivery; and (9) funeral expenses. All costs and fees shall be ordered paid to the Department of Human Services in all cases successfully prosecuted with a minimum of Two Hundred Fifty Dollars ($250.00) in attorney's fees or an amount determined by the court without submitting an affidavit. In court-determined paternity, the surname of the child shall be that of the father, unless the judgment specifies otherwise.
SECTION 75. The following shall be codified as Section 93-9-639, Mississippi Code of 1972:
93-9-639. Limitation on recovery from father. The father's liabilities for past education and necessary support and maintenance and other expenses are limited to a period of one (1) year next preceding the commencement of an action.
SECTION 76. The following shall be codified as Section 93-9-640, Mississippi Code of 1972:
93-9-640. Limitation on recovery from father's estate. The obligation of the estate of the father for liabilities under Section 93-9-638 is limited to amounts accrued prior to his death. However, in order to hold the estate of the father liable under Section 93-9-638, the action must be filed within one (1) year after the death of the father or within ninety (90) days after the first publication of notice to creditors to present their claims, whichever is less.
SECTION 77. The following shall be codified as Section 93-9-641, Mississippi Code of 1972:
93-9-641. Security; commitment; probation. (a) The court may require the father to give security by bond or other security, with sufficient sureties approved by the court, for the payment of the order of paternity. Such security, when required, shall not exceed three (3) times the total periodic sum the father shall be required to pay under the terms of the order of paternity in any one (1) calendar year. When bond or security is required in cases where the action has been instituted by a human services official, the defendant shall also be required to give security that he will indemnify the state and the county where the child was or may be born and every other county against any expense for the support and education of the child; this undertaking shall also require that all arrears shall be paid by the principal and sureties. In default of security, when required, the court may commit him to jail, or put him on probation. At any time within one (1) year he may be discharged from jail, but his liability to pay the judgment shall not be thereby affected.
(b) Whenever any order of paternity has been made, but no bond or other security has been required for payment of support of the child, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, the court may, upon petition of the person to whom such payments are due, or that person's legal representative, enter an order requiring that bond or other security be given by the father in accordance with and under such terms and conditions as provided in subsection (a) of this section. The father, as in other civil actions, shall be served with process and shall be entitled to a hearing in the case.
(c) Where security is given and default is made in any payment, the court shall cite the parties bound by the security requiring them to show cause why judgment should not be given against them and execution issued thereon. If the amount due and unpaid is not paid before the return day of the citation, and no cause be shown to the contrary, judgment shall be rendered against those served with the citation for the amount due and unpaid together with costs, and execution shall issue therefor, saving all remedies upon the bond for future default. The judgment is a lien on real estate and in other respects enforceable as other judgments. The amount collected on the judgment or such sums as may have been deposited as collateral in lieu of bond, when forfeited, may be used for the benefit of the child, as provided in the order of paternity.
(d) If at any time after an order of paternity is made and an undertaking given thereon in accordance with the provisions of this chapter, if the undertaking is not complied with, a recovery thereon cannot be had, the original undertaking has been complied with and the sureties discharged therefrom, or if money were deposited in lieu of bail but exhausted, and the natural child still needs support, the human services official of any county where the natural child for whose support the order of paternity was made shall be at the time, or the Executive Director of the Department of Human Services upon giving proof of the making of the order of paternity, the giving of the undertaking and the noncompliance therewith, that the sureties have been discharged from their liability, or that for any reason a recovery cannot be had on the undertaking, may apply to the court in the county having jurisdiction for a warrant for the arrest of the defendant against whom the order of paternity was made, and the warrant shall be executed in the manner provided in criminal procedure for the execution of the warrant; upon the arrest and arraignment of the defendant, and upon proof of the making of the order of paternity, the giving of the above-mentioned undertaking, and the noncompliance therewith, or that for any reason a recovery cannot be had on such undertaking, the court shall make an order requiring him to give a new undertaking, which shall also require that all arrears shall be paid by the principal and sureties, or upon his failure to give such new undertaking, shall commit him to jail, or put him on probation.
(e) If the child and mother die, or the father and mother be legally married to each other, the court in which such security is filed, on proof of such fact, may cause the security to be marked "cancelled" and be surrendered to the obligors.
SECTION 78. The following shall be codified as Section 93-9-642, Mississippi Code of 1972:
93-9-642. Commitment for contempt. The court also has power on default to adjudge the father in contempt and to order him committed to jail in the same manner and with the same powers as in case of commitment for default in giving security. The commitment of the father shall not operate to stay execution upon the judgment of the bond.
SECTION 79. The following shall be codified as Section 93-9-643, Mississippi Code of 1972:
93-9-643. Support by mother. (a) If a mother of a natural child is possessed of property and fails to support and educate her child, upon application of the guardian or next friend of the child or, if the child shall receive Temporary Assistance for Needy Families (TANF) benefits or other financial assistance, of the county human services agent or youth counselor, the court having jurisdiction may examine the matter, and after hearing may make an order charging the mother with the payment of money, weekly or otherwise, for the support and education of the child.
(b) The court may require the mother to give security, by bond or other security, with sufficient sureties approved by the court, for the payment of the order. In default of security, when required, the court may commit her to jail, or put her on probation. At any time within one (1) year she may be discharged from jail, but her liability to pay the judgment shall not be thereby affected.
(c) Nothing in this section shall be deemed to relieve the father from liability for support and education of the child in accordance with the provisions of this chapter.
SECTION 80. The following shall be codified as Section 93-9-644, Mississippi Code of 1972:
93-9-644. False declaration of identity. The making of a false complaint as to the identity of the father, or the aiding or abetting therein, shall be punishable as for perjury.
SECTION 81. The following shall be codified as Section 93-9-645, Mississippi Code of 1972:
93-9-645. Probation. Upon a failure to give security as provided herein, the court, instead of imposing sentence or of committing the parent to jail, or as a condition of release from jail, may place the parent on probation, upon such terms as to payment of support to or on behalf of the child, and as to personal reports, as the court may direct. Upon violation of the terms imposed, the court may proceed to impose the sentence and commit or recommit to jail in accordance with the sentence.
SECTION 82. The following shall be codified as Section 93-9-646, Mississippi Code of 1972:
93-9-646. Appeals. Appeal from any final order or judgment of parentage may be taken directly to the Supreme Court within thirty (30) days after the entry of the order, by the defendant, by a guardian ad litem appointed by the court for the child, by the mother or her personal representative, or by the human services official.
The appeal shall operate as a stay of execution unless the defendant gives the security provided in this part, and further security to pay the costs of such appeal. If the appeal is taken by a guardian ad litem appointed for the child by the court, the court in its discretion may allow payment for the actual disbursements made by the guardian ad litem for taking appeal. When allowed by the judge and duly audited, the disbursement shall become a county charge and shall be paid by the county.
SECTION 83. The following shall be codified as Section 93-9-647, Mississippi Code of 1972:
93-9-647. Prosecuting official. It shall be the duty of the county attorney in the county in which the petition is filed, in counties having a county attorney, to prosecute all cases relating to natural children where the complainant is a state or county human services official. He shall receive as compensation for his services, when and if performed, not to exceed the sum of One Hundred Dollars ($100.00) for any one (1) month, in addition to compensation provided otherwise, out of the county treasury upon an order of the county, circuit, or chancery judge. In counties not having a county attorney, the complaint shall be prosecuted by the district attorney, or by an attorney representing the state or county human services official as the petitioner, who shall receive the same compensation as provided for the county attorney.
Article 7
Child of Assisted Reproduction
SECTION 84. The following shall be codified as Section 93-9-701, Mississippi Code of 1972:
93-9-701. Scope of article. This article does not apply to the birth of a child conceived by means of sexual intercourse or as the result of a gestational agreement as provided in Article 8.
SECTION 85. The following shall be codified as Section 93-9-702, Mississippi Code of 1972:
93-9-702. Parental status of donor. A donor is not a parent of a child conceived by means of assisted reproduction.
SECTION 86. The following shall be codified as Section 93-9-703, Mississippi Code of 1972:
93-9-703. Paternity of child of assisted reproduction. A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in Section 93-9-704 with the intent to be the parent of her child, is a parent of the resulting child.
SECTION 87. The following shall be codified as Section 93-9-704, Mississippi Code of 1972:
93-9-704. Consent to assisted reproduction. (a) Consent by a woman, and a man who intends to be a parent of a child born to the woman by assisted reproduction, must be in a record signed by the woman and the man. This requirement does not apply to a donor.
(b) Failure of a man to sign a consent required by subsection (a), before or after birth of the child, does not preclude a finding of paternity if the woman and the man, during the first two (2) years of the child's life resided together in the same household with the child and openly held out the child as their own.
SECTION 88. The following shall be codified as Section 93-9-705, Mississippi Code of 1972:
93-9-705. Limitation on husband's dispute of paternity. (a) Except as otherwise provided in subsection (b), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(1) Within two (2) years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;
(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) The husband never openly held out the child as his own.
(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
SECTION 89. The following shall be codified as Section 93-9-706, Mississippi Code of 1972:
93-9-706. Effect of dissolution of marriage or withdrawal of consent. (a) If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
(b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm, or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
SECTION 90. The following shall be codified as Section 93-9-707, Mississippi Code of 1972:
93-9-707. Parental status of deceased individual. If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
Article 8
Gestational Agreement
SECTION 91. The following shall be codified as Section 93-9-801, Mississippi Code of 1972:
93-9-801. Gestational agreement authorized. (a) A prospective gestational mother, her husband if she is married, a donor or the donors, and the intended parents may enter into a written agreement providing that:
(1) The prospective gestational mother agrees to pregnancy by means of assisted reproduction;
(2) The prospective gestational mother, her husband if she is married, and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and
(3) The intended parents become the parents of the child.
(b) The man and the woman who are the intended parents must both be parties to the gestational agreement.
(c) A gestational agreement is enforceable only if validated as provided in Section 93-9-803.
(d) A gestational agreement does not apply to the birth of a child conceived by means of sexual intercourse.
(e) A gestational agreement may provide for payment of consideration.
(f) A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or that of the embryos or fetus.
SECTION 92. The following shall be codified as Section 93-9-802, Mississippi Code of 1972:
93-9-802. Requirements of petition. (a) The intended parents and the prospective gestational mother may commence a proceeding in the chancery or county court to validate a gestational agreement.
(b) A proceeding to validate a gestational agreement may not be maintained unless:
(1) The mother or the intended parents have been residents of this state for at least ninety (90) days;
(2) The prospective gestational mother's husband, if she is married, is joined in the proceeding; and
(3) A copy of the gestational agreement is attached to the petition.
SECTION 93. The following shall be codified as Section 93-9-803, Mississippi Code of 1972:
93-9-803. Hearing to validate gestational agreement. (a) If the requirements of subsection (b) are satisfied, a court may issue an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born during the term of the agreement.
(b) The court may issue an order under subsection (a) only on finding that:
(1) The residence requirements of Section 93-9-802 have been satisfied and the parties have submitted to the jurisdiction of the court under the jurisdictional standards of this chapter;
(2) Unless waived by the court, the Mississippi Department of Human Services has made a home study of the intended parents and the intended parents meet the standards of suitability applicable to adoptive parents;
(3) All parties have voluntarily entered into the agreement and understand its terms;
(4) Adequate provision has been made for all reasonable health care expense associated with the gestational agreement until the birth of the child, including responsibility for those expenses if the agreement is terminated; and
(5) The consideration, if any, paid to the prospective gestational mother is reasonable.
SECTION 94. The following shall be codified as Section 93-9-804, Mississippi Code of 1972:
93-9-804. Inspection of records. The proceedings, records, and identities of the individual parties to a gestational agreement under this article are subject to inspection under the standards of confidentiality applicable to adoptions as provided under other laws of this state.
SECTION 95. The following shall be codified as Section 93-9-805, Mississippi Code of 1972:
93-9-805. Exclusive, continuing jurisdiction. Subject to the jurisdictional standards of the Uniform Child Custody Jurisdiction and Enforcement Act, the court conducting a proceeding under this section has exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born to the gestational mother during the period governed by the agreement attains the age of one hundred eighty (180) days.
SECTION 96. The following shall be codified as Section 93-9-806, Mississippi Code of 1972:
93-9-806. Termination of gestational agreement. (a) After issuance of an order under this chapter, but before the prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, her husband, or either of the intended parents may terminate the gestational agreement by giving written notice of termination to all other parties.
(b) The court for good cause shown may terminate the gestational agreement.
(c) An individual who terminates a gestational agreement shall file notice of the termination with the court. On receipt of the notice, the court shall vacate the order issued under this section. An individual who does not notify the court of the termination of the agreement is subject to appropriate sanctions.
(d) Neither a prospective gestational mother nor her husband, if any, is liable to the intended parents for terminating a gestational agreement pursuant to this section.
SECTION 97. The following shall be codified as Section 93-9-807, Mississippi Code of 1972:
93-9-807. Parentage under validated gestational agreement. (a) Upon birth of a child to a gestational mother, the intended parents shall file notice with the court that a child has been born to the gestational mother within three hundred (300) days after assisted reproduction. Thereupon, the court shall issue an order:
(1) Confirming that the intended parents are the parents of the child;
(2) If necessary, ordering that the child be surrendered to the intended parents; and
(3) Directing the Office of Vital Records Registration of the State Department of Health to issue a birth certificate naming the intended parents as parents of the child even if the requirements of Section 41-57-23 have not been met.
(b) If the parentage of a child born to a gestational mother is alleged not to be the result of assisted reproduction, the court shall order genetic testing to determine the parentage of the child.
(c) If the intended parents fail to file notice required under subsection (a), the gestational mother or the appropriate state agency may file notice with the court that a child has been born to the gestational mother within three hundred (300) days after assisted reproduction. Upon proof of a court order issued pursuant to Section 93-9-803 validating the gestational agreement, the court shall order the intended parents are the parents of the child and are financially responsible for the child.
SECTION 98. The following shall be codified as Section 93-9-808, Mississippi Code of 1972:
93-9-808. Gestational agreement: effect of subsequent marriage. After the issuance of an order under this article, subsequent marriage of the gestational mother does not affect the validity of a gestational agreement, her husband's consent to the agreement is not required, and her husband is not a presumed father of the resulting child.
SECTION 99. The following shall be codified as Section 93-9-809, Mississippi Code of 1972:
93-9-809. Effect of nonvalidated gestational agreement. (a) A gestational agreement, whether in a record or not, that is not judicially validated is not enforceable.
(b) If a birth results under a gestational agreement that is not judicially validated as provided in this section, the parent-child relationship is determined as provided in Sections 93-9-201 and 93-9-204.
(c) Individuals who are parties to a nonvalidated gestational agreement as intended parents may be held liable for support of the resulting child, even if the agreement is otherwise unenforceable. The liability under this subsection includes assessing all expenses and fees as provided in Section 93-9-636.
Article 9
Miscellaneous Provisions
SECTION 100. The following shall be codified as Section 93-9-901, Mississippi Code of 1972:
93-9-901. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
SECTION 101. The following shall be codified as Section 93-9-902, Mississippi Code of 1972:
93-9-902. Severability clause. If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
SECTION 102. The following shall be codified as Section 93-9-903, Mississippi Code of 1972:
93-9-903. Transitional provision. A proceeding to adjudicate parentage which was commenced before the effective date of this chapter is governed by the law in effect at the time the proceeding was commenced.
SECTION 103. Section 41-57-14, Mississippi Code of 1972, is amended as follows:
41-57-14. (1) If the mother was married at the time of either conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate of birth as the father of the child. The social security number of each parent of a child born within this state shall be furnished to the local registrar of vital records at the time of filing the certificate of birth, but such information shall not appear on the portion of the certificate to be issued as a certified copy. Such information shall be sent to the Office of Vital Records Registration of the State Department of Health along with the certificate of birth and shall be retained by the office. The information shall not be disclosed to any person except as authorized by subsection (2) of this section or as allowed by Section 41-57-2.
(2) The Office of Vital Records Registration shall make available to the Division of Child Support Enforcement of the Mississippi Department of Human Services information concerning the names and social security numbers of the parents obtained under the requirements of subsection (1) in an electronic format for the use in establishing paternity or enforcing child support obligations. Information obtained by the Division of Child Support Enforcement under this section may be used in any action or proceeding before any court, administrative tribunal, or other proceeding for the purpose of establishing paternity, establishing a child support obligation, collecting child support or locating persons owing such an obligation.
SECTION 104. Section 41-57-23, Mississippi Code of 1972, is amended as follows:
41-57-23. * * * Any petition, bill of complaint or other proceeding filed in the chancery court to: (a) change the date of birth by two (2) or more days, (b) change the surname of a child, (c) change the surname of either or both parents, (d) change the birthplace of the child because of an error or omission of such information as originally recorded or (e) make any changes or additions to a birth certificate resulting from a legitimation, paternity or any changes not specifically authorized elsewhere by statute, shall be filed in the county of residence of the petitioner or filed in any chancery court district of the state if the petitioner be a nonresident petitioner. In all such proceedings, the State Board of Health shall be made a respondent therein, and a certified copy of the petition, bill of complaint or other proceeding shall be forwarded to the State Board of Health. Process may be served upon the State Registrar of Vital Records. The State Board of Health shall file an answer to all such proceedings within the time as provided by general law. The provisions of this section shall not apply to adoption proceedings or to orders rendered under Section 93-9-636 or 93-9-807. Upon receipt of a certified copy of a decree, which authorizes and directs the State Board of Health to alter the certificate, it shall comply with all of the provisions of such decree.
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SECTION 105. Section 93-17-8, Mississippi Code of 1972, is amended as follows:
93-17-8. (1) Whenever an adoption becomes a contested matter, whether after a hearing on a petition for determination of rights under Section 93-17-6 or otherwise, the court:
(a) * * * On motion of any party or on its own motion, shall issue an order for immediate blood or tissue sampling in accordance with the provisions of Title 93, Chapter 9, Article 5, if paternity is at issue. The court shall order an expedited report of such testing and shall hold the hearing resolving this matter at the earliest time possible.
(b) Shall appoint a guardian ad litem to represent the child. Such guardian ad litem shall be an attorney; however, his duties are as guardian ad litem and not as attorney for the child. The reasonable costs of the guardian ad litem shall be taxed as costs of court. Neither the child nor anyone purporting to act on his behalf may waive the appointment of a guardian ad litem.
(c) Shall determine first whether or not the objecting parent is entitled to so object under the criteria of Section 93-17-7 and then shall determine the custody of the child in accord with the best interests of the child and the rights of the parties as established by the hearings and judgments.
(d) Shall schedule all hearings concerning the contested adoption as expeditiously as possible for prompt conclusion of the matter.
(2) In determining the custody of the child after a finding that the adoption will not be granted, the fact of the surrender of the child for adoption by a parent shall not be taken as any evidence of that parent's abandonment or desertion of the child or of that parent's unfitness as a parent.
(3) In contested adoptions arising through petitions for determination of rights where the prospective adopting parents were not parties to that proceeding, they need not be made parties to the contested adoption until there has been a ruling that the objecting parent is not entitled to enter a valid objection to the adoption. At that point the prospective adopting parents shall be made parties by joinder which shall show their suitability to be adopting parents as would a petition for adoption. The identity and suitability of the prospective adopting parents shall be made known to the court and the guardian ad litem, but shall not be made known to other parties to the proceeding unless the court determines that the interests of justice or the best interests of the child require it.
(4) No birth parent or alleged parent shall be permitted to contradict statements given in a proceeding for the adoption of his or her child in any other proceeding concerning that child or his ancestry.
(5) Appointment of a guardian ad litem is not required in any proceeding under this chapter except as provided in subsection (1)(b) of this section and except for the guardian ad litem needed for an abandoned child. It shall not be necessary for a guardian ad litem to be appointed where the chancery judge presiding in the adoption proceeding deems it unnecessary and no adoption agency is involved in the proceeding. No final decree of adoption heretofore granted shall be set aside or modified because a guardian ad litem was not appointed unless as the result of a direct appeal not now barred.
(6) The provisions of Chapter 15 of this Title 93 are not applicable to proceedings under this chapter except as specifically provided by reference herein.
(7) The court may order a child's birth father, identified as such in the proceedings, to reimburse the Department of Human Services, the foster parents, the adopting parents, the home, any other agency or person who has assumed liability for such child, all or part of the costs of the medical expenses incurred for the mother and the child in connection with the birth of the child, as well as reasonable support for the child after his birth.
SECTION 106. Sections 93-9-1, 93-9-3, 93-9-5, 93-9-7, 93-9-9, 93-9-11, 93-9-13, 93-9-15, 93-9-17, 93-9-19, 93-9-21, 93-9-23, 93-9-25, 93-9-27, 93-9-28, 93-9-29, 93-9-30, 93-9-31, 93-9-33, 93-9-35, 93-9-37, 93-9-39, 93-9-41, 93-9-43, 93-9-45, 93-9-47 and 93-9-49, Mississippi Code of 1972, which constitute the Mississippi Uniform Law on Paternity, and Sections 93-9-71, 93-9-73 and 93-9-75, Mississippi Code of 1972, dealing with the effect on a paternity proceeding of the death of a mother or child and the admissibility of the mother's dying declaration, are repealed.
SECTION 107. This act shall take effect and be in force from and after July 1, 2005.