Mississippi HB 1276: Adoption; remove prohibition against same gender.

Bill Text

HB1276 (As Introduced) - 2021 Regular Session 

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary B; Constitution

By: Representative Yates

House Bill 1276

AN ACT TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO 
REVISE THE PROVISIONS OF LAW REGULATING ADOPTION BY REMOVING THE PROHIBITION AGAINST 
SAME-SEX ADOPTION; AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� Section 
93-17-3, Mississippi Code of 1972, is amended as follows:

���� 93-17-3.� (1)� Except as 
otherwise provided in this section, a court of this state has jurisdiction over 
a proceeding for the adoption or readoption of a minor commenced under this 
chapter if:

��������� (a)� Immediately before 
commencement of the proceeding, the minor lived in this state with a parent, a 
guardian, a prospective adoptive parent or another person acting as parent, for 
at least six (6) consecutive months, excluding periods of temporary absence, 
or, in the case of a minor under six (6) months of age, lived in this state 
from soon after birth with any of those individuals and there is available in 
this state substantial evidence concerning the minor's present or future care;

��������� (b)� Immediately before 
commencement of the proceeding, the prospective adoptive parent lived in this 
state for at least six (6) consecutive months, excluding periods of temporary 
absence, and there is available in this state substantial evidence concerning 
the minor's present or future care;

��������� (c)� The agency that 
placed the minor for adoption is licensed in this state and it is in the best 
interest of the minor that a court of this state assume jurisdiction because:

������������� (i)� The minor and 
the minor's parents, or the minor and the prospective adoptive parent, have a 
significant connection with this state; and

������������� (ii)� There is 
available in this state substantial evidence concerning the minor's present or 
future care;

��������� (d)� The minor and the 
prospective adoptive parent or parents are physically present in this state and 
the minor has been abandoned or it is necessary in an emergency to protect the 
minor because the minor has been subjected to or threatened with mistreatment 
or abuse or is otherwise neglected, and the prospective adoptive parent or 
parents, if not residing in Mississippi, have completed and provided the court 
with a satisfactory Interstate Compact for Placement of Children (ICPC) home 
study and accompanying forms;

��������� (e)� It appears that no 
other state would have jurisdiction under prerequisites substantially in 
accordance with paragraphs (a) through (d), or another state has declined to 
exercise jurisdiction on the ground that this state is the more appropriate 
forum to hear a petition for adoption of the minor, and it is in the best 
interest of the minor that a court of this state assume jurisdiction; or

��������� (f)� The child has been 
adopted in a foreign country, the agency that placed the minor for adoption is 
licensed in this state, and it is in the best interest of the child to be 
readopted in a court of this state having jurisdiction.

���� (2)� A court of this state 
may not exercise jurisdiction over a proceeding for adoption of a minor if, at 
the time the petition for adoption is filed, a proceeding concerning the 
custody or adoption of the minor is pending in a court of another state 
exercising jurisdiction substantially in conformity with the Uniform Child 
Custody Jurisdiction Act or this section unless the proceeding is stayed by the 
court of the other state.

���� (3)� If a court of another 
state has issued a decree or order concerning the custody of a minor who may be 
the subject of a proceeding for adoption in this state, a court of this state 
may not exercise jurisdiction over a proceeding for adoption of the minor 
unless:

��������� (a)� The court of this 
state finds that the court of the state which issued the decree or order:

������������� (i)� Does not have 
continuing jurisdiction to modify the decree or order under jurisdictional 
prerequisites substantially in accordance with the Uniform Child Custody 
Jurisdiction Act or has declined to assume jurisdiction to modify the decree or 
order; or

������������� (ii)� Does not have 
jurisdiction over a proceeding for adoption substantially in conformity with 
subsection (1)(a) through (d) or has declined to assume jurisdiction over a 
proceeding for adoption; and

��������� (b)� The court of this 
state has jurisdiction over the proceeding.

���� (4)� Any person may be 
adopted in accordance with the provisions of this chapter in term time or in 
vacation by an unmarried adult, by a married person whose spouse joins in the 
petition, by a married person whose spouse does not join in the petition 
because such spouse does not cohabit or reside with the petitioning spouse, and 
in any circumstances determined by the court