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Mississippi Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke
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:

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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.

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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