County courts and youth courts; authorize to share concurrent jurisdiction with chancery court concerning adoptions.

H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~ G1/2
26/HR43/R2158
PAGE 1 (OM\KP)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Waldo

HOUSE BILL NO. 1636

AN ACT TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE COUNTY COURTS AND YOUTH COURTS TO HAVE JURISDICTION OVER 2
ADOPTION PROCEEDINGS; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 93-17-3, Mississippi Code of 1972, is 5
amended as follows: 6
93-17-3. (1) Except as otherwise provided in this section, 7
a court of this state has jurisdiction over a proceeding for the 8
adoption or readoption of a minor commenced under this chapter if: 9
(a) Immediately before commencement of the proceeding, 10
the minor lived in this state with a parent, a guardian, a 11
prospective adoptive parent or another person acting as parent, 12
for at least six (6) consecutive months, excluding periods of 13
temporary absence, or, in the case of a minor under six (6) months 14
of age, lived in this state from soon after birth with any of 15
those individuals and there is available in this state substantial 16
evidence concerning the minor's present or future care; 17
H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~
26/HR43/R2158
PAGE 2 (OM\KP)

(b) Immediately before commencement of the proceeding, 18
the prospective adoptive parent lived in this state for at least 19
six (6) consecutive months, excluding periods of temporary 20
absence, and there is available in this state substantial evidence 21
concerning the minor's present or future care; 22
(c) The agency that placed the minor for adoption is 23
licensed in this state and it is in the best interest of the minor 24
that a court of this state assume jurisdiction because: 25
(i) The minor and the minor's parents, or the 26
minor and the prospective adoptive parent, have a significant 27
connection with this state; and 28
(ii) There is available in this state substantial 29
evidence concerning the minor's present or future care; 30
(d) The minor and the prospective adoptive parent or 31
parents are physically present in this state and the minor has 32
been abandoned or it is necessary in an emergency to protect the 33
minor because the minor has been subjected to or threatened with 34
mistreatment or abuse or is otherwise neglected, and the 35
prospective adoptive parent or parents, if not residing in 36
Mississippi, have completed and provided the court with a 37
satisfactory Interstate Compact for Placement of Children (ICPC) 38
home study and accompanying forms, unless the court determines 39
that the home study is not necessary in the case of an adoption by 40
a stepparent or a relative or in the case of an adoption in a 41
foster-to-adopt placement; 42
H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~
26/HR43/R2158
PAGE 3 (OM\KP)

(e) It appears that no other state would have 43
jurisdiction under prerequisites substantially in accordance with 44
paragraphs (a) through (d), or another state has declined to 45
exercise jurisdiction on the ground that this state is the more 46
appropriate forum to hear a petition for adoption of the minor, 47
and it is in the best interest of the minor that a court of this 48
state assume jurisdiction; or 49
(f) The child has been adopted in a foreign country, 50
the agency that placed the minor for adoption is licensed in this 51
state, and it is in the best interest of the child to be readopted 52
in a court of this state having jurisdiction. 53
(2) A court of this state may not exercise jurisdiction over 54
a proceeding for adoption of a minor if, at the time the petition 55
for adoption is filed, a proceeding concerning the custody or 56
adoption of the minor is pending in a court of another state 57
exercising jurisdiction substantially in conformity with the 58
Uniform Child Custody Jurisdiction Act or this section unless the 59
proceeding is stayed by the court of the other state. 60
(3) If a court of another state has issued a decree or order 61
concerning the custody of a minor who may be the subject of a 62
proceeding for adoption in this state, a court of this state may 63
not exercise jurisdiction over a proceeding for adoption of the 64
minor unless: 65
(a) The court of this state finds that the court of the 66
state which issued the decree or order: 67
H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~
26/HR43/R2158
PAGE 4 (OM\KP)

(i) Does not have continuing jurisdiction to 68
modify the decree or order under jurisdictional prerequisites 69
substantially in accordance with the Uniform Child Custody 70
Jurisdiction Act or has declined to assume jurisdiction to modify 71
the decree or order; or 72
(ii) Does not have jurisdiction over a proceeding 73
for adoption substantially in conformity with subsection (1)(a) 74
through (d) or has declined to assume jurisdiction over a 75
proceeding for adoption; and 76
(b) The court of this state has jurisdiction over the 77
proceeding. 78
(4) Any person may be adopted in accordance with the 79
provisions of this chapter in term time or in vacation by an 80
unmarried adult, by a married person whose spouse joins in the 81
petition, by a married person whose spouse does not join in the 82
petition because such spouse does not cohabit or reside with the 83
petitioning spouse, and in any circumstances determined by the 84
court that the adoption is in the best interest of the child. 85
Only the consenting adult will be a legal parent of the child. 86
The adoption shall be by sworn petition filed in the chancery 87
court, county court or youth court of the county in which the 88
adopting petitioner or petitioners reside or in which the child to 89
be adopted resides or was born, or was found when it was abandoned 90
or deserted, or in which the home is located to which the child 91
has been surrendered by a person authorized to so do. The 92
H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~
26/HR43/R2158
PAGE 5 (OM\KP)

petition shall be accompanied by a physician's or nurse 93
practitioner's certificate showing the physical and mental 94
condition of the child to be adopted and a sworn statement of all 95
property, if any, owned by the child. In addition, the petition 96
shall be accompanied by affidavits of the petitioner or 97
petitioners stating the amount of the service fees charged by any 98
adoption agencies or adoption facilitators used by the petitioner 99
or petitioners and any other expenses paid by the petitioner or 100
petitioners in the adoption process as of the time of filing the 101
petition. If the physician's or nurse practitioner's certificate 102
indicates any abnormal mental or physical condition or defect, the 103
condition or defect shall not, in the discretion of the 104
chancellor, county court judge or youth court judge, as the case 105
may be, bar the adoption of the child if the adopting parent or 106
parents file an affidavit stating full and complete knowledge of 107
the condition or defect and stating a desire to adopt the child, 108
notwithstanding the condition or defect. The court shall have the 109
power to change the name of the child as a part of the adoption 110
proceedings. The word "child" in this section shall be construed 111
to refer to the person to be adopted, though an adult. The word 112
"physician" in this section shall mean a person licensed under 113
Chapter 25, Title 73, Mississippi Code of 1972. 114
(5) No person may be placed in the home of or adopted by the 115
prospective adopting parties before a court-ordered or voluntary 116
home study is satisfactorily completed by a licensed adoption 117
H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~
26/HR43/R2158
PAGE 6 (OM\KP)

agency, a licensed, experienced social worker approved by the 118
chancery court, county court or youth court, as the case may be, a 119
court-appointed guardian ad litem that has knowledge or training 120
in conducting home studies if so directed by the court or by the 121
Department of Child Protection Services on the prospective 122
adoptive parties if required by Section 93-17-11. 123
(6) No person may be adopted by a person or persons who 124
reside outside the State of Mississippi unless the provisions of 125
the Interstate Compact for Placement of Children (Section 43-18-1 126
et seq.) have been complied with. In such cases Forms 100A, 100B 127
(if applicable) and evidence of Interstate Compact for Placement 128
of Children approval shall be added to the permanent adoption 129
record file within one (1) month of the placement, and a minimum 130
of two (2) post-placement reports conducted by a licensed 131
child-placing agency shall be provided to the Mississippi 132
Department of Child Protection Services Interstate Compact for 133
Placement of Children office. 134
(7) No person may be adopted unless the provisions of the 135
Indian Child Welfare Act (ICWA) have been complied with, if 136
applicable. When applicable, proof of compliance shall be 137
included in the court adoption file prior to finalization of the 138
adoption. If not applicable, a written statement or paragraph in 139
the petition for adoption shall be included in the adoption 140
petition stating that the provisions of ICWA do not apply before 141
finalization. 142
H. B. No. 1636 *HR43/R2158* ~ OFFICIAL ~
26/HR43/R2158
PAGE 7 (OM\KP)
ST: County courts and youth courts; authorize
to share concurrent jurisdiction with chancery
court concerning adoptions.
(8) The readoption of a child who has automatically acquired 143
United States citizenship following an adoption in a foreign 144
country and who possesses a Certificate of Citizenship in 145
accordance with the Child Citizenship Act, CAA, Public Law 146
106-395, may be given full force and effect in a readoption 147
proceeding conducted by a court of competent jurisdiction in this 148
state by compliance with the Mississippi Registration of Foreign 149
Adoptions Act, Article 9 of this chapter. 150
(9) For adult adoptees who consent to the adoption, a 151
chancellor, county court judge or youth court judge, as the case 152
may be, may waive any of the petition requirements and procedural 153
requirements within subsections (4), (5), (6) and (7) of this 154
section. 155
(10) The clerk shall docket cases seeking relief under this 156
chapter as priority cases. The assigned judge shall be 157
immediately notified when a case is filed in order to provide for 158
expedited proceedings. 159
SECTION 2. This act shall take effect and be in force from 160
and after July 1, 2026. 161