Stepparent Adoption Laws In Mississippi

Stepparent Adoption Process

Any child in Mississippi can be adopted, but if the child is over 14, the child must consent to the adoption. A stepparent can adopt a child after living with the child for at least six months, as long as they’re legally married to a biological parent.

Mississippi Law on Stepparent Adoption

Mississippi law doesn’t allow three parties to have parental rights or responsibilities for a child. A stepparent can only adopt a child if the other parent is deceased, has had their parental rights terminated, or voluntarily relinquishes their rights.

Uncontested Adoption

An uncontested adoption takes place when one biological parent is no longer in the picture or is on board with the stepparent adoption. If the birth parent is deceased, choosing to give up their parental rights to consent to the adoption, or has already had their parental rights terminated, a stepparent adoption can take place uncontested.

In specific situations, with a presumptive but not biological father, stepparent adoption can also take place uncontested.

Contested Adoption

A contested is when the birth parent refuses to support the adoption and actively fights against it. There are a few reasons why a stepparent adoption could be contested, and there are options to manage contested adoptions.

If an adoption is considered contested because a parent can’t be located to give up their parental rights, you will need to physically search for them. If that’s unsuccessful, it should be followed by a  “service through publication” search, which uses local newspapers.

Courts can forcibly terminate a birth parent’s parental rights if certain conditions are met. Grounds for terminating parental rights include:

• Proof that the absent parent abandoned the child
• Proof that they are unfit to be a parent
• Evidence of a significant decline in the parent-child relationship

While it’s not easy to terminate parental rights, working with an experienced custody and adoption attorney may help make the process easier if you’d like to adopt your stepchild.

Contact a Custody Attorney Today

Stepparent adoption can be a complicated process. It may not seem like an option, but depending on your circumstances, it could be possible.

A custody attorney can help guide you through the process to make it as seamless as possible for you.

Contact Jason Campbell today to learn more about stepparent adoption.