SEC. 93-17-3. Who may be adopted; who may adopt; venue of adoption proceedings; certificate of child's condition; change of name; adoption by couples of same gender prohibited.
(1) Any person may be adopted in accordance with the provisions of this chapter in term time or in vacation by an unmarried adult or by a married person whose spouse joins in the petition, provided that the petitioner or petitioners * * * have resided in this state for ninety (90) days preceding the filing of the petition. However, if * * * the petitioner or petitioners, or one (1) of them, are related to the child within the third degree according to civil law, or if * * * the adoption is presented to the court by an adoption agency licensed by the State of Mississippi, the residence restriction shall not apply. The adoption shall be by sworn petition filed in the chancery court of the county in which the adopting petitioner or petitioners reside or in which the child to be adopted resides or was born, or was found when it was abandoned or deserted, or in which the home is located to which the child has been surrendered by a person authorized to so do. The petition shall be accompanied by a doctor's or nurse practitioner's certificate showing the physical and mental condition of the child to be adopted and a sworn statement of all property, if any, owned by the child. If the doctor's or nurse practitioner's certificate indicates any abnormal mental or physical condition or defect, the condition or defect shall not in the discretion of the chancellor bar the adoption of the child if the adopting parent or parents * * * file an affidavit stating full and complete knowledge of the condition or defect and stating a desire to adopt the child, notwithstanding the condition or defect. The court shall have the power to change the name of the child as a part of the adoption proceedings. The word "child" herein shall be construed to refer to the person to be adopted, though an adult.
(2) Adoption by couples of the same gender is prohibited.
SOURCES: Codes, 1942, Sec. 1269-02; Laws, 1955, Ex. ch. 34, Sec. 2; 1973, ch. 361, Sec. 1; 1994, ch. 437, Sec. 1, eff from and after July 1, 1994. Amended by Laws 2000, Ch. 535, Sec. 1, SB3074; Laws, 2004, ch. 527, § 1, HB 588, eff from and after July 1, 2004.
PREVIOUS VERSIONS: Pre-2004
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