Whether you're placing a child for adoption, growing your family through adoption, or exploring your rights as an adoptee, Mississippi law outlines specific processes and protections for everyone involved.

When you understand your legal rights and options, you can move forward with confidence. This guide will walk you through the most important parts of Mississippi adoption law, including how adoptions work in this state and how our agency can support you each step of the way.

Contact us now to speak with a specialist about your Mississippi adoption

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. Mississippi law allows any birth parent to voluntarily choose adoption for their child. Your decision to pursue adoption must be formalized through written consent, which is submitted to the chancery court. The court must find that your consent is voluntary, informed, and in the best interest of the child before finalizing the adoption. Licensed agencies and attorneys are available to ensure your rights are respected and that the legal process is carried out correctly.
Miss. Code § 93-17-5

When can I give my baby up for adoption?

You can begin working with an adoption agency during pregnancy, but Mississippi law requires that you wait at least 72 hours after your baby is born before signing a consent to adoption. This waiting period is designed to give you time to recover from delivery, reflect on your decision, and ensure that your consent is made without pressure.
Miss. Code § 93-17-5(2)

Can I get my baby back after adoption?

After your consent is signed, notarized, and filed with the chancery court, it becomes final and legally binding. The only exception is if you can prove in court that your consent was obtained through fraud, duress, or coercion. This high legal standard helps ensure finality and stability for the child.
Miss. Code § 93-17-5(3)

Can you do adoption without the father's consent?

Yes, under specific circumstances. If the father has not acknowledged paternity, failed to provide financial support, or failed to register with the Mississippi Putative Father Registry, the court may find that his consent is not necessary. However, courts will require proper notice to the father and evidence of the circumstances before waiving consent.
Miss. Code § 93-17-6

Do both birth parents have to sign adoption papers in Mississippi?

Generally, both legal parents must consent to the adoption. If one parent is unavailable, has had their rights terminated, or is found unfit by the court, the court may allow the adoption to proceed with only one parent’s consent. A diligent effort must be made to notify the absent parent before proceeding.
Miss. Code § 93-17-5(1)

Can I get paid for adoption?

No one can legally pay you to place your child for adoption. However, Mississippi law does allow for reimbursement of reasonable living expenses related to your pregnancy. These can include medical bills, transportation, rent, food, maternity clothing, and counseling. All expenses must be documented and approved by the court to ensure fairness.
Miss. Code § 43-15-117

Can you choose who adopts your baby?

Yes. Mississippi law permits birth mothers to choose the adoptive family for their child. Most agencies will provide adoptive family profiles, and you may meet prospective parents before placement. This allows you to choose a family that shares your values, lifestyle, and hopes for your child’s future.
Miss. Code § 93-17-3

Can people from a different state adopt my baby?

Yes. Mississippi allows out-of-state adoptive families to adopt a Mississippi-born child. These placements must comply with the Interstate Compact on the Placement of Children (ICPC) to ensure both states approve the arrangement. ICPC paperwork must be completed before the child leaves Mississippi.
Miss. Code § 43-18-1

Can I give my baby up for adoption without any agency?

Yes. Independent adoptions are legal in Mississippi, but they must meet all the same legal requirements as agency adoptions. This includes court-approved consents, home studies, and background checks. It is highly recommended to work with an attorney to ensure compliance.
Miss. Code § 93-17-3(2)

Can my spouse adopt my child?

Yes. Stepparent adoption is a streamlined process in Mississippi and is commonly used in blended families. The noncustodial biological parent’s rights must be terminated, either voluntarily or by court order, before the adoption can be finalized.
Miss. Code § 93-17-3(4)

Can my family adopt my baby?

Yes. Mississippi law allows for relative adoptions, which may follow a slightly expedited process. These cases still require consent and court approval but may waive certain steps like a full home study depending on the relationship.
Miss. Code § 93-17-3(2)

Can you anonymously put a baby up for adoption?

Yes. Mississippi’s Safe Haven Law allows parents to surrender an infant up to 72 hours old at any hospital emergency room. No names or identifying information are required, and no criminal charges will be filed for abandonment when the baby is safely relinquished.
Miss. Code § 43-15-201

Can I have contact with my child after the adoption?

Yes, if the adoptive family agrees. Post-Adoption Contact Agreements (PACAs) are not enforceable in Mississippi unless included in the adoption decree. While informal open adoptions are common, enforceability depends on mutual trust and the willingness of both parties.
Miss. Code § 93-17-13

How does tribal adoption work for Native American children?

If your child is eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. This law requires notice to the tribe, preferences for placing children within the tribe, and special court procedures. ICWA applies to all types of adoption, including private adoptions.
Miss. Code § 93-17-1(3)
Indian Child Welfare Act

Can I drop my baby off at a fire station?

No. Only hospitals are designated Safe Haven drop-off sites in Mississippi. You must surrender the child to on-duty medical personnel in an emergency room within 72 hours of birth.
Miss. Code § 43-15-201

What rights do biological parents have after adoption?

Once an adoption is finalized in Mississippi, the birth parents’ legal rights are permanently terminated. You will no longer have rights to custody, visitation, or decision-making unless an open adoption agreement is part of the final decree.
Miss. Code § 93-17-13

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Mississippi?

No. Mississippi allows both married couples and single adults to adopt. However, unmarried couples may not adopt jointly; only one individual in the couple may be recognized as the legal adoptive parent. Courts focus on the best interests of the child and evaluate each case individually.
Miss. Code § 93-17-3(4)

How old do you have to be to adopt a baby?

Mississippi law does not establish a specific minimum age for adoptive parents. However, most adoption agencies require adoptive applicants to be at least 21 years old, as part of their internal eligibility criteria and to align with child welfare best practices.

Do you need a home study for a private adoption in Mississippi?

Yes. A home study is required in nearly all Mississippi adoptions, whether private or agency-facilitated. This includes an evaluation of your home environment, financial stability, background checks, and interviews with all household members. The court uses this report to help determine whether placement is appropriate.
Miss. Code § 93-17-11

Do you need a home study for an independent adoption?

Yes. Even if you're pursuing an adoption outside an agency, Mississippi requires a licensed professional to complete a home study unless the court grants an exemption in very limited circumstances, such as close relative adoptions.
Miss. Code § 93-17-11

Can you adopt without an agency?

Yes. Independent adoption is legal in Mississippi. However, you’ll still need to work with an attorney and complete all required legal steps, including the home study, background checks, consents, and court hearings.
Miss. Code § 93-17-3

What are the steps to adopt?

• Complete a home study
• Match with a child or expectant mother
• Sign consents and file a petition
• Complete post-placement supervision
• Finalize adoption in court
  Miss. Code § 93-17-1 to § 93-17-31

Can you adopt a child from another state?

Yes. Mississippi follows the Interstate Compact on the Placement of Children (ICPC). Both Mississippi and the sending state must approve the adoption placement before the child can be legally transferred across state lines.
Miss. Code § 43-18-1

Can we advertise for a birth mother?

No. Mississippi law prohibits private individuals from advertising for adoption-related purposes. Only licensed adoption agencies and attorneys may legally advertise or solicit for adoption matches in Mississippi..
Miss. Code § 97-29-45

Can a birth father stop an adoption?

Yes — if he can prove legal paternity, demonstrate involvement and support, and file an official objection with the court. If the father fails to do so, the court may proceed with terminating his rights based on abandonment or unfitness.
Miss. Code § 93-17-6

What if the birth parents don't sign adoption papers?

The court can terminate parental rights involuntarily in cases involving abuse, neglect, abandonment, or failure to assume parental responsibilities. The decision is made after reviewing evidence and holding a termination hearing.
Miss. Code § 93-15-103

When is an adoption finalized in Mississippi?

Mississippi law generally requires a six-month post-placement period before adoption can be finalized. During this time, the adoptive family must complete supervision visits. The court may waive this waiting period in some cases, such as relative or stepparent adoptions.
Miss. Code § 93-17-11

Can birth mothers change their mind?

Yes, but only before their consent is filed and the final decree is issued. Once the court has accepted your consent and finalized the adoption, it becomes legally binding and can only be reversed in rare cases of fraud or duress.
Miss. Code § 93-17-5(3)

Are adoptive parents on the birth certificate in Mississippi?

Yes. After the adoption is finalized, the Mississippi Department of Health issues a new birth certificate with the adoptive parents' names. The original certificate is sealed and made confidential by law.
Miss. Code § 41-57-25

What rights do adoptive parents have after adoption?

Adoptive parents have the same legal rights as biological parents. These include custody, inheritance rights, medical decision-making, and all responsibilities associated with parenting under Mississippi law.
Miss. Code § 93-17-13

Are open adoptions legally binding in Mississippi?

Not typically. While an adoption is legally binding, open adoption agreements are only enforceable if incorporated into the court’s final adoption decree, and even then, enforcement is not guaranteed. Most contact arrangements are informal and based on mutual trust.
Miss. Code § 93-17-13

Does ICWA apply to private adoptions in Mississippi?

Yes. The Indian Child Welfare Act (ICWA) applies to all adoptions — including private and agency adoptions — if the child is affiliated with a federally recognized tribe. The tribe must be notified and given the opportunity to intervene.
Miss. Code § 93-17-1(3)
ICWA Full Text

What support is available after adoption?

Agencies may offer post-placement counseling, access to medical history, and referrals. State subsidies may apply to children with special needs.

For Adoptees

If you were adopted through our agency, we can help you:

• Request medical or social history
• Begin a reunion process with your birth family
• Access post-adoption counseling

If your adoption was handled elsewhere, check out this page to learn more about your rights and records access.

What’s Next?

Whether you’re placing a child for adoption or growing your family, understanding Mississippi adoption law gives you the power to move forward with confidence.

Contact an adoption specialist today to get started. We’re here to support you every step of the way.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.