Consent Laws

Who Must Consent to an Adoption
Citation: Ann. Code § 93-17-5
Consent shall be executed by the following persons:

• The parents, or parent, if only one parent, though either be under age 21
• If both parents are dead, then any two adult kin of the child within the third degree
• The guardian ad litem of an abandoned child
• Those persons having physical custody of the child, except persons having the child as foster parents as a result of placement by the Department of Human Services of the State of Mississippi
• Any person to whom custody of the child may have been awarded by a court of competent jurisdiction of the State of Mississippi
• The agent of the county Department of Human Services that has placed a child in foster care, either by agreement or by court order

Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 93-17-5
If the child is age 14 or older, a consent to the adoption, sworn to or acknowledged by the child, is required.

When Parental Consent is not Needed
Citation: Ann. Code § 93-17-5; 93-17-7
In the case of a child born out of wedlock, the father shall not have a right to object to an adoption unless he has demonstrated, within the period ending 30 days after the birth of the child, a full commitment to the responsibilities of parenthood.

An adoption may be allowed over the objection of a parent where the parent:

• Has abused the child
• Has not consistently offered to provide reasonably necessary food, clothing, appropriate shelter, and treatment for the child
• Suffers from a medical or emotional illness, mental deficiency, behavior, or conduct disorder, severe physical disability, substance abuse, or chemical dependency that makes him or her unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior
• Has a history of past or present conduct, including criminal convictions, that viewed in its entirety, would pose a risk of substantial harm to the physical, mental, or emotional health of the child
• Has engaged in acts or omissions permitting termination of parental rights

When Consent Can Be Executed
Citation: Ann. Code § 93-17-5
Consent shall not be executed before 72 hours after the birth of the child.

How Consent Must Be Executed
Citation: Ann. Code § 93-17-5
Consenting parents shall be made parties to the adoption proceeding by process or by the filing consent to the proposed adoption in the petition. Consent may also be executed and filed by the duly authorized officer or representative of a home to whose care the child has been delivered. The child shall join the petition.

Revocation of Consent
Citation: Ann. Code § 93-17-15
No action shall be brought to set aside any final decree of adoption, whether granted upon consent or personal process or on process by publication, except within 6 months of the entry thereof.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)