Mississippi Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 93-17-5- The parents or parent, if only one is living
- If both parents are deceased, then any two adult kin, provided at least one is in possession of the child
- A guardian ad litem of an abandoned child
- Any person having custody of the child
- An agent of the county department
Age When Consent of Adoptee is Considered or Required
Statute: § 93-17-5
- A child 14 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: § 93-17-5; 93-17-7
- The parent:
- Has abandoned or abused the child
- Has failed to assume parental responsibilities
- Suffers a medical or emotional illness or chemical dependency
- Has had parental rights terminated
- The father of a child born out of wedlock, unless he has shown within 30 days of the child's birth a commitment to parenthood
- Has abandoned or abused the child
When Consent Can Be Executed
Statute: § 93-17-5
- Consent is executed no sooner than 72 hours after the child's birth.
How Consent Must Be Executed
Statute: § 93-17-5
- Consent is executed before and filed by an authorized officer of any institution engaged in placing children for adoption.
Revocation of Consent
Statute:- Case law suggests that consent is irrevocable absent fraud, duress, or undue influence, shown by clear and convincing evidence, and considering the best interests of the child.
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