Noncustodial Parents' Bill of Rights and Responsibilities; create.

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To: Youth and Family
Affairs; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Anthony, Rosebud,
Williams

HOUSE BILL NO. 1064

AN ACT TO AMEND SECTION 93-9-28, MISSISSIPPI CODE OF 1972, TO 1
ESTABLISH THE NONCUSTODIAL PARENTS' BILL OF RIGHTS AND 2
RESPONSIBILITIES; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 93-9-28, Mississippi Code of 1972, is 5
amended as follows: 6
93-9-28. (1) The Mississippi State Department of Health in 7
cooperation with the Mississippi Department of Human Services 8
shall develop a form and procedure which may be used to secure a 9
voluntary acknowledgement of paternity from the mother and father 10
of any child born out of wedlock in Mississippi. The form shall 11
clearly state on its face that the execution of the 12
acknowledgement of paternity shall result in the same legal effect 13
as if the father and mother had been married at the time of the 14
birth of the child. The form shall also clearly indicate the 15
right of the alleged father to request genetic testing through the 16
Department of Human Services within the one-year time period 17
specified in subsection (2)(a)(i) of this section and shall state 18
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the adverse effects and ramifications of not availing himself of 19
this one-time opportunity to definitively establish the paternity 20
of the child. When such form has been completed according to the 21
established procedure and the signatures of both the mother and 22
father have been notarized, then such voluntary acknowledgement 23
shall constitute a full determination of the legal parentage of 24
the child. The completed voluntary acknowledgement of paternity 25
shall be filed with the Bureau of Vital Statistics of the 26
Mississippi State Department of Health. The name of the father 27
shall be entered on the certificate of birth upon receipt of the 28
completed voluntary acknowledgement. 29
(2) (a) A signed voluntary acknowledgment of paternity is 30
subject to the right of any signatory to rescind the 31
acknowledgment within the earlier of: 32
(i) One (1) year; or 33
(ii) The date of a judicial proceeding relating to 34
the child, including a proceeding to establish a support order, in 35
which the signatory is a party. 36
(b) After the expiration of the one-year period 37
specified in subsection (2)(a)(i) of this section, a signed 38
voluntary acknowledgment of paternity may be challenged in court 39
only on the basis of fraud, duress, or material mistake of fact, 40
with the burden of proof upon the challenger; the legal 41
responsibilities, including child support obligations, of any 42
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signatory arising from the acknowledgment may not be suspended 43
during the pendency of the challenge, except for good cause shown. 44
(c) During the one-year time period specified in 45
subsection (2)(a)(i) of this section, the alleged father may 46
request genetic testing through the Department of Human Services 47
in accordance with the provisions of Section 93-9-21. 48
(d) The one-year time limit, specified in subsection 49
(2)(a)(i) of this section, for the right of the alleged father to 50
rescind the signed voluntary acknowledgement of paternity shall be 51
tolled from the date the alleged father files his formal 52
application for genetic testing with the Department of Human 53
Services until the date the test results are revealed to the 54
alleged father by the department. After the one-year time period 55
has expired, not including any period of time tolled for the 56
purpose of acquiring genetic testing through the department, the 57
provisions of subsection (2)(b) of this section shall apply. 58
(3) The Mississippi State Department of Health and the 59
Mississippi Department of Human Services shall cooperate to 60
establish procedures to facilitate the voluntary acknowledgement 61
of paternity by both father and mother at the time of the birth of 62
any child born out of wedlock. Such procedures shall establish 63
responsibilities for each of the departments and for hospitals, 64
birthing centers, midwives, and/or other birth attendants to seek 65
and report voluntary acknowledgements of paternity. In 66
establishing such procedures, the departments shall provide for 67
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obtaining the social security account numbers of both the father 68
and mother on voluntary acknowledgements. 69
(4) Upon the birth of a child out of wedlock, the hospital, 70
birthing center, midwife or other birth attendant shall provide an 71
opportunity for the child's mother and natural father to complete 72
an acknowledgement of paternity by giving the mother and natural 73
father the appropriate forms and information developed through the 74
procedures established in subsection (3). The hospital, birthing 75
center, midwife or other birth attendant shall be responsible for 76
providing printed information, and audio visual material if 77
available, related to the acknowledgement of paternity, and shall 78
be required to provide notary services needed for the completion 79
of acknowledgements of paternity. The information described above 80
shall be provided to the mother and natural father, if present and 81
identifiable, within twenty-four (24) hours of birth or before the 82
mother is released. Such information, including forms, brochures, 83
pamphlets, video tapes and other media, shall be provided at no 84
cost to the hospital, birthing center or midwife by the 85
Mississippi State Department of Health, the Department of Human 86
Services or other appropriate agency. 87
(5) There is hereby created the Noncustodial Parents' Bill 88
of Rights and Responsibilities which shall be provided to all 89
noncustodial parents. The Department of Human Services shall 90
extend the following rights to noncustodial parents: 91
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ST: Noncustodial Parents' Bill of Rights and
Responsibilities; create.
(a) Advance notification of all hearings concerning 92
proposed modifications of child support; 93
(b) Advance notification concerning the representation 94
of the noncustodial parent in court proceedings, which does not 95
require an attorney; 96
(c) That the noncustodial parent shall have the same 97
rights as the custodial parent concerning the receipt of any 98
notification; 99
(d) Advance notice of information regarding scheduled 100
meetings concerning the child; 101
(e) Advance notice of all meetings concerning all the 102
agency's crucial decisions regarding the child; and 103
(f) The ability to communicate with department 104
personnel or representatives twenty-four (24) hours a day, seven 105
(7) days a week, for the purpose of aiding the noncustodial 106
parent. 107
SECTION 2. This act shall take effect and be in force from 108
and after July 1, 2026. 109