Before you file a Petition for Mississippi stepparent adoption, you must be able to establish that you have been a resident of the state for six months prior to the date that you file. This information must be included in your filing, and proof of residency, such as a driver's license, must be presented and proved at the final hearing. If you and your spouse are both current residents of the state, then there is no required time period.

If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.

You should file for your Mississippi stepparent adoption in the county in which your spouse resides, or in the county that you and your spouse resided in when you separated, or in your county if your spouse does not live in Mississippi. You or your spouse's address must be within the county in which you file. Civilian residents of Mississippi who live outside the United States can file in the state if they have maintained their residency in the state.

The grounds for termination of parental rights in a Mississippi stepparent adoption typically involve: abandonment; failure to support the child; imprisonment; certain kinds of abuse; and some other grounds. Each state's set of grounds is different, but they all accept (1) abandonment, and (2) lack of support. Some states allow other grounds as justification for stepparent adoption.

In this state, an absent parent gives implied consent to adoption or relinquishment as described here:

1. The absent parent has abandoned the prospective adoptee, including failure to provide financial and /or emotional support for six months or longer from the date that the adoption petition was filed.

2. The absent parent has left other parent with the responsibility for the adoptee, without providing support and without communicating, or otherwise sustaining a significant relationship as a parent of the adoptee, for 6 months or longer from the date that the adoption petition was filed.

3. The natural father is in non-compliance with laws that deal with the putative father.

Most states do not provide visitation rights to the parent losing parental rights, or the to grandparents associated with that parent. In some states, however, visitation agreements will be recognized for the parenting losing his or her parental rights. Usually this at the discretion of the adopting parents.

You must file your Mississippi stepparent adoption documents in the Family Court of the county where your adoption action is brought. Here is the addresses for one court.
If this isn't your county, we'll include the court information when we send your documents.

Hinds County Courthouse: 421 1st Street, Jackson, MS 39205 Phone: (601) 968-6648

The court filing fees for Mississippi stepparent adoption is approximately $110. The required publication fee is approximately $65.

You may also have to pay "home study" fee, but that comes later in the adoption process. Your local court clerk can advise about the fee for home study and any other fees.

Many absent parents are willing to sign a consent form, in which he or she consents to terminating their parental rights, and further consents to the adoption. In these cases the process becomes easier because the court knows from the outset that everyone agrees to the stepparent adoption. But it may be that you don't know the the other parent's location , or whether the other is so disinterested that he or she won't sign any documents. In a case such as this, you proceed by filing your adoption documents, then serving the absent parent via one of these methods:

1. If you don't know the absent parent's whereabouts: If you can't find the absent parent after searching diligently, then you can serve via the publication method. This procedure for this to publish a notice in a local newspaper, usually once per week for four weeks. The publication fee is typically about $85 but will vary by location. You file an Affidavit with the county clerk, who then directs that service of notice be made by publication in a newspaper of general circulation in the county in which the stepparent adoption document are filed. We give you all the paperwork you need for service by publication.

2. The absent parent's whereabouts are known, but he or she won't sign: If you know other parent's location, but he or she won't sign due to disinterest, the local Sheriff's department or a private process server can assist you. This method is available even if your spouse is incarcerated.