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Mississippi

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Mississippi

Who Must Consent:
  • The parents or parent, if only one is living.
  • If both parents are dead, then any 2 adult kin provided at least one is in possession of the child.
  • Guardian ad litem of an abandoned child.
  • Any person having custody of the child.
  • An agent of the county department.
Consent of Adoptee:
A child 14 years or older must consent to the adoption.

When Parental Consent is Not Needed:
Parent:
  • Has abandoned or abused the child.
  • Suffers a medical or emotional illness or chemical dependency.
  • Has had parental rights terminated.
  • Father of child born out of wedlock unless he has shown within 30 days of the child's birth and commitment to parenthood.
When Relinquishment Can Be Signed:
Consent is executed no sooner than 72 hours after the child's birth.

How Relinquishment Must Be Signed:
Consent is executed before and filed by an authorized officer of any institution engaged in placing children for adoption.

Time for Revocation:
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.

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.

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