Age of majority; revise.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Clark

HOUSE BILL NO. 277

AN ACT TO LOWER THE AGE OF MAJORITY FROM TWENTY-ONE TO 1
EIGHTEEN; TO AMEND SECTION 1-3-21, MISSISSIPPI CODE OF 1972, TO 2
CONFORM THE DEFINITION OF INFANT; TO AMEND SECTION 11-46-11, 3
MISSISSIPPI CODE OF 1972, TO REVISE THE SAVINGS CLAUSE OF THE TORT 4
CLAIMS ACT TO CONFORM; TO AMEND SECTIONS 13-5-1 AND 13-5-12, 5
MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF JURY SERVICE; TO 6
AMEND SECTION 15-1-27, MISSISSIPPI CODE OF 1972, TO CONFORM THE 7
LIMITATIONS APPLICABLE TO AN ACTION BY A WARD AGAINST A GUARDIAN 8
OR SURETY; TO AMEND SECTION 15-1-59, MISSISSIPPI CODE OF 1972, TO 9
CONFORM THE SAVING IN FAVOR OF PERSONS UNDER DISABILITY OF 10
UNSOUNDNESS OF MIND WITHIN THE CHAPTER ADDRESSING THE LIMITATIONS 11
OF CIVIL ACTIONS; TO AMEND SECTION 21-15-13, MISSISSIPPI CODE OF 12
1972, TO REVISE THE MILITIA POWER OF THE MAYOR TO CONFORM; TO 13
AMEND SECTION 25-4-3, MISSISSIPPI CODE OF 1972, TO REVISE THE 14
DEFINITION OF "HOUSEHOLD MEMBER" WITHIN THE ARTICLE ESTABLISHING 15
THE MISSISSIPPI ETHICS COMMISSION TO CONFORM; TO AMEND SECTION 16
41-29-145, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT OF 17
THE DISTRIBUTION OF CONTROLLED SUBSTANCES TO MINORS TO CONFORM; TO 18
AMEND SECTION 43-19-33, MISSISSIPPI CODE OF 1972, TO CONFORM THE 19
AGE OF MANDATORY SUPPORT IN AN ORDER OF FILIATION; TO AMEND 20
SECTION 91-5-3, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO THE AGE 21
OF ISSUE CAPABLE OF INHERITING; TO AMEND SECTION 91-7-293, 22
MISSISSIPPI CODE OF 1972, TO CONFORM AS TO FINAL ACCOUNTING BY THE 23
HEIRS OF AN ESTATE; TO AMEND SECTION 93-1-5, MISSISSIPPI CODE OF 24
1972, TO CONFORM THE AGE FOR ISSUANCE OF A MARRIAGE LICENSE; TO 25
AMEND SECTION 93-9-9, MISSISSIPPI CODE OF 1972, TO CONFORM 26
PROVISIONS AS TO AGE FOR THE TERMS OF A DECREE FOR REMOVAL OF THE 27
DISABILITY OF A MINOR; TO AMEND SECTION 93-11-65, MISSISSIPPI CODE 28
OF 1972, TO REVISE THE AGE OF EMANCIPATION; TO AMEND SECTION 29
93-14-102, MISSISSIPPI CODE OF 1972, TO CONFORM THE DEFINITION OF 30
THE TERM "ADULT" FOR THE PURPOSES OF THE UNIFORM ADULT 31
GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT; TO AMEND 32
SECTION 93-15-103, MISSISSIPPI CODE OF 1972, TO CONFORM THE 33
DEFINITION OF THE TERM "MINOR PARENT" IN THE TERMINATION OF 34
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PARENTAL RIGHTS LAW; TO AMEND SECTION 93-17-5, MISSISSIPPI CODE OF 35
1972, TO CONFORM AS TO THE AGE OF PARENTS IN AN ADOPTION; TO AMEND 36
SECTION 93-17-205, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS 37
CONCERNING ADOPTION RECORDS TO CONFORM; TO AMEND SECTION 38
93-17-215, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO A PERSON'S 39
AUTHORITY TO REQUEST CERTAIN INFORMATION CONCERNING ADOPTION; TO 40
AMEND SECTION 93-20-102, MISSISSIPPI CODE OF 1972, TO REVISE THE 41
AGE OF MAJORITY UNDER GUARDIANSHIP AND CONSERVATORSHIP LAW TO 42
CONFORM; TO AMEND SECTION 97-33-23, MISSISSIPPI CODE OF 1972, TO 43
CONFORM THE PENALTY FOR GAMBLING WITH A KNOWN MINOR; TO AMEND 44
SECTION 99-3-45, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO WHICH 45
PERSONS MUST BE GIVEN CERTAIN NOTICE UPON RELEASE FROM ARREST; TO 46
REPEAL SECTION 35-7-43, MISSISSIPPI CODE OF 1972, WHICH PROVIDES 47
FOR THE REMOVAL OF THE DISABILITIES OF MINORITY OF CERTAIN 48
VETERANS; TO REPEAL SECTION 91-7-37, MISSISSIPPI CODE OF 1972, 49
WHICH PROVIDES FOR THE REMOVAL OF THE DISABILITIES OF MINORITY FOR 50
CERTAIN EXECUTORS, EXECUTRIXES, ADMINISTRATORS OR 51
ADMINISTRATRIXES; TO BRING FORWARD SECTION 93-19-13, MISSISSIPPI 52
CODE OF 1972, WHICH PROVIDES THAT ALL PERSONS EIGHTEEN YEARS OF 53
AGE OR OLDER, IF NOT OTHERWISE DISQUALIFIED, SHALL HAVE THE 54
CAPACITY TO ENTER INTO BINDING CONTRACTUAL RELATIONSHIPS AFFECTING 55
PERSONAL PROPERTY AND THAT AN EIGHTEEN-YEAR-OLD MAY SUE AND BE 56
SUED IN HIS OWN NAME AS AN ADULT AND BE SERVED WITH PROCESS AS AN 57
ADULT, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 58
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 59
SECTION 1. Section 1-3-21, Mississippi Code of 1972, is 60
amended as follows: 61
1-3-21. The term "infant," when used in any statute, shall 62
include any person, male or female, under * * * eighteen (18) 63
years of age, except where another section specifically provides 64
otherwise. 65
SECTION 2. Section 11-46-11, Mississippi Code of 1972, is 66
amended as follows: 67
11-46-11. (1) After all procedures within a governmental 68
entity have been exhausted, any person having a claim under this 69
chapter shall proceed as he might in any action at law or in 70
equity, except that at least ninety (90) days before instituting 71
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suit, the person must file a notice of claim with the chief 72
executive officer of the governmental entity. 73
(2) (a) Service of notice of claim shall be made as 74
follows: 75
(i) For local governments: 76
1. If the governmental entity is a county, 77
then upon the chancery clerk of the county sued; 78
2. If the governmental entity is a 79
municipality, then upon the city clerk. 80
(ii) If the governmental entity to be sued is a 81
state entity as defined in Section 11-46-1(j), or is a political 82
subdivision other than a county or municipality, service of notice 83
of claim shall be had only upon that entity's or political 84
subdivision's chief executive officer. The chief executive 85
officer of a governmental entity participating in a plan 86
administered by the board pursuant to Section 11-46-7(3) shall 87
notify the board of any claims filed within five (5) days after 88
receipt thereof. 89
(b) Every notice of claim shall: 90
(i) Be in writing; 91
(ii) Be delivered in person or by registered or 92
certified United States mail; and 93
(iii) Contain a short and plain statement of the 94
facts upon which the claim is based, including the circumstances 95
which brought about the injury, the extent of the injury, the time 96
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and place the injury occurred, the names of all persons known to 97
be involved, the amount of money damages sought, and the residence 98
of the person making the claim at the time of the injury and at 99
the time of filing the notice. 100
(3) (a) All actions brought under this chapter shall be 101
commenced within one (1) year next after the date of the tortious, 102
wrongful or otherwise actionable conduct on which the liability 103
phase of the action is based, and not after, except that filing a 104
notice of claim within the required one-year period will toll the 105
statute of limitations for ninety-five (95) days from the date the 106
chief executive officer of the state entity or the chief executive 107
officer or other statutorily designated official of a political 108
subdivision receives the notice of claim. 109
(b) No action whatsoever may be maintained by the 110
claimant until the claimant receives a notice of denial of claim 111
or the tolling period expires, whichever comes first, after which 112
the claimant has an additional ninety (90) days to file suit; 113
failure to file within the time allowed is an absolute bar to any 114
further proceedings under this chapter. 115
(c) All notices of denial of claim shall be served by 116
governmental entities upon claimants by certified mail, return 117
receipt requested, only. 118
(d) (i) To determine the running of limitations 119
periods under this chapter, service of any notice of claim or 120
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notice of denial of claim is effective upon delivery by the 121
methods statutorily designated in this chapter. 122
(ii) The limitations period provided in this 123
section controls and shall be exclusive in all actions subject to 124
and brought under the provisions of this chapter, notwithstanding 125
the nature of the claim, the label or other characterization the 126
claimant may use to describe it, or the provisions of any other 127
statute of limitations that would otherwise govern the type of 128
claim or legal theory if it were not subject to or brought under 129
the provisions of this chapter. 130
(4) * * * If any person entitled to bring any action under 131
this chapter shall, at the time at which the cause of action 132
accrued, be under the disability of infancy or unsoundness of 133
mind, he may bring the action within the time allowed in this 134
section after his disability shall be removed as provided by law. 135
The savings in favor of persons under disability of unsoundness of 136
mind shall never extend longer than * * * eighteen (18) years. 137
SECTION 3. Section 13-5-1, Mississippi Code of 1972, is 138
amended as follows: 139
13-5-1. Every citizen not under the age of * * * eighteen 140
(18) years, who is either a qualified elector, or a resident 141
freeholder of the county for more than one (1) year, is able to 142
read and write, and has not been convicted of an infamous crime, 143
or the unlawful sale of intoxicating liquors within a period of 144
five (5) years and who is not a common gambler or habitual 145
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drunkard, is a competent juror. No person who is or has been 146
within twelve (12) months the overseer of a public road or road 147
contractor shall, however, be competent to serve as a grand juror. 148
The lack of any such qualifications on the part of one or more 149
jurors shall not, however, vitiate an indictment or verdict. 150
Moreover, no talesman or tales juror shall be qualified who has 151
served as such talesman or tales juror in the last preceding two 152
(2) years, and no juror shall serve on any jury who has served as 153
such for the last preceding two (2) years. No juror shall serve 154
who has a case of his own pending in that court, provided there 155
are sufficient qualified jurors in the district, and for trial at 156
that term. 157
In order to determine that prospective jurors can read and 158
write, the presiding judge shall, with the assistance of the 159
clerk, distribute to the jury panel a form to be completed 160
personally by each juror prior to being empaneled as follows: 161
"1. Your name ________ last ________ first ________ middle 162
initial. 163
2. Your home address ________. 164
3. Your occupation ________. 165
4. Your age ________. 166
5. Your telephone number ________. If none, write none. 167
6. If you live outside the county seat, the number of miles 168
you live from the courthouse ________ miles. 169
______________________ 170
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Sign your name" 171
The judge shall personally examine the answers of each juror 172
prior to empaneling the jury and each juror who cannot complete 173
the above form shall be disqualified as a juror and discharged. 174
A list of any jurors disqualified for jury duty by reason of 175
inability to complete the form shall be kept by the circuit clerk 176
and their names shall not be placed in the jury box thereafter 177
until such person can qualify as above provided. 178
SECTION 4. Section 13-5-12, Mississippi Code of 1972, is 179
amended as follows: 180
13-5-12. Unless all the names on the master list are to be 181
placed in the jury wheel pursuant to Section 13-5-10, the names or 182
identifying numbers of prospective jurors to be placed in the jury 183
wheel shall be selected by the jury commission at random from the 184
master list in the following manner: The total number of names on 185
the master list shall be divided by the number of names to be 186
placed in the jury wheel; the whole number nearest the quotient 187
shall be the "key number," except that the key number shall never 188
be less than two (2). A "starting number" for making the 189
selection shall then be determined by a random method from the 190
number from one (1) to the key number, both inclusive. The 191
required number of names shall then be selected from the master 192
list by taking in order the first name on the master list 193
corresponding to the starting number and then successively the 194
names appearing in the master list at intervals equal to the key 195
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number, recommencing if necessary at the start of the list until 196
the required number of names has been selected. The name of any 197
person who is under the age of * * * eighteen (18) years and the 198
name of any person who has been permanently excused from jury 199
service pursuant to Section 13-5-23(4) shall be passed over 200
without interrupting the sequence of selection. Any person who 201
has been excluded from the master list for jury service may be 202
reinstated to the master list after one (1) year by requesting 203
that the circuit clerk reinstate him to the master list. Upon 204
recommencing at the start of the list, names previously selected 205
from the master list shall be disregarded in selecting the 206
additional names. The jury commission may use an electronic or 207
mechanical system or device in carrying out its duties. 208
SECTION 5. Section 15-1-27, Mississippi Code of 1972, is 209
amended as follows: 210
15-1-27. All actions against a guardian and the sureties on 211
his bond, or either of them, by the ward, shall be commenced 212
within five (5) years * * * after the ward shall have arrived at 213
the age of * * * eighteen (18) years, and not after. 214
SECTION 6. Section 15-1-59, Mississippi Code of 1972, is 215
amended as follows: 216
15-1-59. If any person entitled to bring any of the personal 217
actions mentioned shall, at the time at which the cause of action 218
accrued, be under the disability of infancy or unsoundness of 219
mind, he may bring the actions within the times in this chapter 220
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respectively limited, after his disability shall be removed as 221
provided by law. However, the saving in favor of persons under 222
disability of unsoundness of mind shall never extend longer 223
than * * * eighteen (18) years. 224
SECTION 7. Section 21-15-13, Mississippi Code of 1972, is 225
amended as follows: 226
21-15-13. The mayor is authorized to call on every male 227
inhabitant of the municipality over * * * eighteen (18) years of 228
age and under sixty (60) years to aid in enforcing the laws. 229
SECTION 8. Section 25-4-3, Mississippi Code of 1972, is 230
amended as follows: 231
25-4-3. As used in this chapter, unless the context requires 232
otherwise: 233
(a) "Advisory boards or commissions" means committees 234
created solely to provide technical or professional knowledge or 235
expertise to a parent organization, and whose members exercise no 236
direct authority to expend public funds other than reimbursement 237
for personal expenses incurred as a result of a member's service 238
on the advisory board; 239
(b) "Business" means any corporation, partnership, sole 240
proprietorship, firm, enterprise, franchise, association, 241
organization, holding company, self-employed individual, 242
joint-stock company, receivership, trust or other legal entity or 243
undertaking organized for economic gain or a nonprofit corporation 244
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or other such entity, association or organization receiving public 245
funds; 246
(c) "Candidate for public office" means an individual 247
who has filed the necessary documents or papers to appear as a 248
candidate for nomination for election or election to any elective 249
office existing under the laws of the State of Mississippi, 250
including primary, special or general elections. The term 251
"candidate" does not include any person within the meaning of 252
Section 301(b) of the Federal Election Campaign Act of 1971; 253
(d) "Commission" means the Mississippi Ethics 254
Commission; 255
(e) "Compensation" means money or thing of value 256
received, or to be received, from any person for services rendered 257
or to be rendered; 258
(f) "Household member" means: 259
(i) The spouse of the public servant; or 260
(ii) Any person over the age of * * * eighteen 261
(18) who resided in the public servant's household during the 262
entire reporting period. 263
(g) "Income" means money or thing of value received, or 264
to be received, from any source, including, but not limited to, 265
any salary, wage, advance, payment, dividend, interest, rent, 266
forgiveness of debt, fee, royalty or any combination thereof; 267
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(h) "Person" means any individual, firm, business, 268
corporation, association, partnership, union or other legal 269
entity; 270
(i) "Public employee" means any individual who receives 271
a salary, per diem or expenses paid in whole or in part out of 272
funds authorized to be expended by the Mississippi State 273
Legislature or by the governing body of any political subdivision 274
thereof, or any other body politic within the State of 275
Mississippi; 276
(j) "Public funds" means all monies, whether federal, 277
state, district or local; 278
(k) "Public official" means: 279
(i) Any elected official of the State of 280
Mississippi or any political subdivision thereof or any other body 281
politic within the State of Mississippi; or 282
(ii) Any member, officer, director, commissioner, 283
supervisor, chief, head, agent or employee of the State of 284
Mississippi, or any agency thereof, of any political subdivision 285
of the State of Mississippi, of any body politic within the State 286
of Mississippi, or of any public entity created by or under the 287
laws of the State of Mississippi or by executive order of the 288
Governor of the state, any of which is funded by public funds or 289
which expends, authorizes or recommends the use of public funds; 290
(l) "Public servant" means: 291
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(i) Any elected or appointed official of the 292
government; 293
(ii) Any officer, director, commissioner, 294
supervisor, chief, head, agent or employee of the government or 295
any agency thereof, or of any public entity created by or under 296
the laws of the State of Mississippi or created by an agency or 297
governmental entity thereof, any of which is funded by public 298
funds or which expends, authorizes or recommends the use of public 299
funds; or 300
(iii) Any individual who receives a salary, per 301
diem or expenses paid in whole or in part out of funds authorized 302
to be expended by the government. 303
SECTION 9. Section 41-29-145, Mississippi Code of 1972, is 304
amended as follows: 305
41-29-145. Any person * * * eighteen (18) years of age or 306
over who violates subsections (a) and (b) of Section 41-29-139 307
with reference to a controlled substance listed in Schedules I, 308
II, III, IV and V as set out in Sections 41-29-113 through 309
41-29-121, inclusive, to a person under * * * eighteen (18) years 310
of age may be punished by the fine authorized by Section 311
41-29-139, or by a term of imprisonment or confinement up to twice 312
that authorized by said Section 41-29-139, or both, or he may be 313
punished as provided in Section 41-29-142. 314
SECTION 10. Section 43-19-33, Mississippi Code of 1972, is 315
amended as follows: 316
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43-19-33. (1) In lieu of legal proceedings instituted to 317
obtain support for a dependent child from the responsible parent, 318
a written stipulated agreement to support said child by periodic 319
payments executed by the responsible parent when acknowledged 320
before a clerk of the court having jurisdiction over such matters 321
or a notary public and filed with and approved by the judge of the 322
court having jurisdiction over such matters shall have the same 323
force and effect, retroactively and prospectively, in accordance 324
with the terms of said agreement as an order of support entered by 325
the court, and shall be enforceable and subject to modification in 326
the same manner as is provided by law for orders of the court in 327
such cases. 328
(2) In lieu of legal proceedings instituted to establish 329
paternity, a written admission of paternity containing a 330
stipulated agreement of support executed by the putative father of 331
the dependent child, when accompanied by a written declaration in 332
support of establishing paternity provided under penalty of 333
perjury to the best of her knowledge, information and belief by 334
the mother of the dependent child, when acknowledged by the 335
putative father before a clerk of the court having jurisdiction 336
over such matters or a notary public and filed with and approved 337
by the judge of the court having jurisdiction over such matters, 338
shall have the same force and effect, retroactively and 339
prospectively, in accordance with the terms of said agreement, as 340
an order of filiation and support entered by the court, and shall 341
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be enforceable and subject to modification in the same manner as 342
is provided by law for orders of the court in such cases. 343
(3) At any time after filing with the court having 344
continuing jurisdiction of such matters of an acknowledgment of 345
paternity in which a provision of support has not been entered, 346
upon notice the defendant shall be required to appear in court at 347
any time and place named therein, to show cause, if any he can, 348
why the court should not enter an order for the support of the 349
child by periodic payments. The order may include provisions for 350
reimbursement for medical expenses incident to the pregnancy and 351
the birth of the child, accrued maintenance and reasonable 352
expenses of the action under this subsection on the acknowledgment 353
of paternity previously filed with said court. Notice by the 354
department to the defendant shall be given by certified mail, 355
restricted delivery, return receipt requested at his last known 356
mailing address and without the requirement of a summons being 357
issued, and shall be deemed complete as of the date of delivery as 358
evidenced by the return receipt. The required notice may also be 359
delivered by personal service in accordance with Rule 4 of the 360
Mississippi Rules of Civil Procedure insofar as service of an 361
administrative order or notice is concerned. Provided, that in 362
the case of a child who, upon reaching the age of * * * eighteen 363
(18) years, is mentally or physically incapable of self-support 364
and is no longer attending high school, the putative father shall 365
not be relieved of the duty of support unless said child is a 366
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long-term patient in a facility owned or operated by the State of 367
Mississippi. The prior judgment as to paternity shall be res 368
judicata as to that issue and shall not be reconsidered by the 369
court. 370
(4) Such agreements of support, acknowledgments, 371
declarations and affirmations of paternity and support shall be 372
binding on the person executing the same whether he be an adult or 373
a minor and may include provisions for the reimbursement of 374
medical expenses incident to the pregnancy and birth of the child, 375
accrued maintenance and reasonable expenses of any action 376
previously filed before the court. 377
(5) In lieu of legal proceedings instituted to enforce an 378
order for support, a written stipulated agreement for the 379
provision of periodic payments towards an arrearage executed by 380
the defendant when acknowledged before a clerk of the court having 381
jurisdiction over such matters or a notary public and filed with 382
and approved by the judge of the court having jurisdiction over 383
such matters shall have the same force and effect, retroactively 384
and prospectively, in accordance with the terms of said agreement 385
as a judgment for overdue support entered by the court, and shall 386
be enforceable and subject to modification in the same manner as 387
is provided by law for orders of the court in such cases. 388
(6) All agreements entered into under the provisions as set 389
forth hereinabove shall be filed by the clerk of the court having 390
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jurisdiction over such matters in the county in which they are 391
entered and filing fees shall be taxed to the responsible parent. 392
SECTION 11. Section 91-5-3, Mississippi Code of 1972, is 393
amended as follows: 394
91-5-3. A devise so made, or any clause thereof, shall not 395
be revocable but by the testator or testatrix destroying, 396
canceling, or obliterating the same, or causing it to be done in 397
his or her presence, or by subsequent will, codicil, or 398
declaration, in writing, made and executed. Every last will and 399
testament made when the testator or testatrix had no child living, 400
wherein any child he or she might have is not provided for or not 401
mentioned, if at the time of his or her death he or she have a 402
child, or if the testator leave his wife enceinte of a child who 403
shall be born, shall have no effect during the life of any such 404
after-born child and shall be void unless the child die without 405
having been married, or without leaving issue capable of 406
inheriting, and before he or she shall have attained * * * 407
eighteen (18) years. The estate, both real and personal, so 408
devised shall descend to such child in the same manner as if the 409
testator or testatrix had died intestate, subject, nevertheless, 410
to the bequests made in the last will and testament in case of the 411
death of such child before marriage, or without issue capable of 412
inheriting, and under the age of * * * eighteen (18) years. When 413
a testator shall leave children born and his wife enceinte, the 414
posthumous child or children, if unprovided for by settlement and 415
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neither provided for nor disinherited, but only pretermitted, by 416
the last will and testament, shall succeed to the same portion of 417
the father's estate as such child or children would have been 418
entitled to if the father had died intestate, towards raising 419
which portion the devisees and legatees shall contribute 420
proportionably out of the parts devised and bequeathed to them by 421
the same will and testament. 422
SECTION 12. Section 91-7-293, Mississippi Code of 1972, is 423
amended as follows: 424
91-7-293. The executor or administrator shall file with his 425
final account a written statement, under oath, of the names of the 426
heirs or devisees and legatees of the estate, so far as known, 427
specifying particularly which, if any, are under the age of * * * 428
eighteen (18) years, of unsound mind, or convict of felony; the 429
places of residence of each and their post-office address if they 430
be nonresidents or, if the post-office address be unknown, the 431
statement must aver that diligent inquiry has been made to learn 432
the same without avail and giving the names and places of 433
residence of the guardians of all who have guardians, so far as 434
known. 435
SECTION 13. Section 93-1-5, Mississippi Code of 1972, is 436
amended as follows: 437
93-1-5. (1) Every male who is at least seventeen (17) years 438
old and every female who is at least fifteen (15) years old shall 439
be capable in law of contracting marriage. However, males and 440
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females under the age of * * * eighteen (18) years must furnish 441
the circuit clerk satisfactory evidence of consent to the marriage 442
by the parents or guardians of the parties. It shall be unlawful 443
for the circuit court clerk to issue a marriage license until the 444
following conditions precedent have been complied with: 445
(a) Application for the license is to be made in 446
writing to the clerk of the circuit court of any county in the 447
State of Mississippi. The application shall be sworn to by both 448
applicants and shall include: 449
(i) The names, ages and addresses of the parties 450
applying; 451
(ii) The names and addresses of the parents of the 452
applicants, and, for applicants under the age of * * * eighteen 453
(18), if no parents, then names and addresses of the guardian or 454
next of kin; 455
(iii) The signatures of witnesses; and 456
(iv) Any other data that may be required by law or 457
the State Board of Health. 458
(b) Proof of age shall be presented to the circuit 459
court clerk in the form of either a birth certificate, baptismal 460
record, armed service discharge, armed service identification 461
card, life insurance policy, insurance certificate, school record, 462
driver's license, tribal identification card or other official 463
document evidencing age. The document substantiating age and date 464
of birth shall be examined by the circuit court clerk before whom 465
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application is made, and the circuit court clerk shall retain in 466
his file with the application the document or a certified or 467
photostatic copy of the document. 468
(c) Applicants under the age of * * * eighteen (18) 469
must submit affidavits showing the age of both applying parties 470
made by either the father, mother, guardian or next of kin of each 471
of the contracting parties and filed with the clerk of the circuit 472
court along with the application. 473
(d) If the male applicant is under seventeen (17) years 474
of age or the female is under fifteen (15) years of age, and 475
satisfactory proof is furnished to the judge of any circuit, 476
chancery or county court that sufficient reasons exist and that 477
the parties desire to be married to each other and that the 478
parents or other person in loco parentis of the person or persons 479
so under age consent to the marriage, then the judge of any such 480
court in the county where either of the parties resides may waive 481
the minimum age requirement and by written instrument authorize 482
the clerk of the court to issue the marriage license to the 483
parties if they are otherwise qualified by law. Authorization 484
shall be a part of the confidential files of the clerk of the 485
court, subject to inspection only by written permission of the 486
judge. 487
(e) In no event shall a license be issued by the 488
circuit court clerk when it appears to the circuit court clerk 489
that the applicants are, or either of them is: 490
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(i) Intoxicated; or 491
(ii) Suffering from a mental illness or an 492
intellectual disability to the extent that the clerk believes that 493
the person does not understand the nature and consequences of the 494
application for a marriage license. 495
(2) Any circuit clerk shall be liable under his official 496
bond because of noncompliance with the provisions of this section. 497
(3) Any circuit court clerk who issues a marriage license 498
without complying with the provisions of this section shall be 499
guilty of a misdemeanor and, upon conviction, shall be punished by 500
a fine of not less than Fifty Dollars ($50.00) and not more than 501
Five Hundred Dollars ($500.00). 502
SECTION 14. Section 93-9-9, Mississippi Code of 1972, is 503
amended as follows: 504
93-9-9. (1) Paternity may be determined upon the petition 505
of the mother, or father, the child or any public authority 506
chargeable by law with the support of the child; provided that 507
such an adjudication after the death of the defendant must be made 508
only upon clear and convincing evidence. If paternity has been 509
lawfully determined, or has been acknowledged in writing according 510
to the laws of this state, the liabilities of the noncustodial 511
parent may be enforced in the same or other proceedings by the 512
custodial parent, the child, or any public authority which has 513
furnished or may furnish the reasonable expenses of pregnancy, 514
confinement, education, necessary support and maintenance, and 515
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medical or funeral expenses for the custodial parent or the child. 516
The trier of fact shall receive without the need for third-party 517
foundation testimony certified, attested or sworn documentation as 518
evidence of (a) childbirth records; (b) cost of filing fees; (c) 519
court costs; (d) services of process fees; (e) mailing cost; (f) 520
genetic tests and testing fees; (g) the department's attorney's 521
fees; (h) in cases where the state or any of its entities or 522
divisions have provided medical services to the child or the 523
child's mother, all costs of prenatal care, birthing, postnatal 524
care and any other medical expenses incurred by the child or by 525
the mother as a consequence of the mother's pregnancy or delivery; 526
and (i) funeral expenses. All costs and fees shall be ordered 527
paid to the Department of Human Services in all cases successfully 528
prosecuted with a minimum of Two Hundred Fifty Dollars ($250.00) 529
in attorney's fees or an amount determined by the court without 530
submitting an affidavit. Proceedings may be instituted at any 531
time until such child attains the age of * * * eighteen (18) years 532
unless the child has been emancipated as provided in Section 533
93-5-23 and Section 93-11-65. In the event of court-determined 534
paternity, the surname of the child shall be that of the father, 535
unless the judgment specifies otherwise. 536
(2) If the alleged father in an action to determine 537
paternity to which the Department of Human Services is a party 538
fails to appear for a scheduled hearing after having been served 539
with process or subsequent notice consistent with the Rules of 540
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Civil Procedure, his paternity of the child(ren) shall be 541
established by the court if a written declaration in support of 542
establishing paternity made under penalty of perjury to the best 543
of her knowledge, information and belief by the mother averring 544
the alleged father's paternity of the child has accompanied the 545
complaint to determine paternity. The written declaration shall 546
constitute sufficient grounds for the court's finding of the 547
alleged father's paternity without the necessity of the presence 548
or testimony of the mother at the said hearing. The court shall, 549
upon motion by the Department of Human Services, enter a judgment 550
of paternity. Any person who shall willfully and knowingly file a 551
false affidavit or who shall willfully, intentionally and 552
knowingly file a false written declaration under penalty of 553
perjury shall be subject to a fine of not more than One Thousand 554
Dollars ($1,000.00). 555
(3) Upon application of both parents to the State Board of 556
Health and receipt by the State Board of Health of a sworn 557
acknowledgement of paternity executed by both parents subsequent 558
to the birth of a child born out of wedlock, the birth certificate 559
of the child shall be amended to show such paternity if paternity 560
is not shown on the birth certificate. Upon request of the 561
parents for the legitimization of a child under this section, the 562
surname of the child shall be changed on the certificate to that 563
of the father. 564
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(4) (a) A signed voluntary acknowledgment of paternity is 565
subject to the right of any signatory to rescind the 566
acknowledgment within the earlier of: 567
(i) One (1) year; or 568
(ii) The date of a judicial proceeding relating to 569
the child, including a proceeding to establish a support order, in 570
which the signatory is a party. 571
(b) After the expiration of the one-year period 572
specified in subsection (4)(a)(i) of this section, a signed 573
voluntary acknowledgment of paternity may be challenged in court 574
only on the basis of fraud, duress or material mistake of fact, 575
with the burden of proof upon the challenger; the legal 576
responsibilities, including child support obligations, of any 577
signatory arising from the acknowledgment may not be suspended 578
during the pendency of the challenge, except for good cause shown. 579
(c) During the one-year time period specified in 580
subsection (4)(a)(i) of this section, the alleged father may 581
request genetic testing through the Department of Human Services 582
in accordance with the provisions of Section 93-9-21. 583
(d) The one-year time limit, specified in subsection 584
(4)(a)(i) of this section, for the right of the alleged father to 585
rescind the signed voluntary acknowledgement of paternity shall be 586
tolled from the date the alleged father files his formal 587
application for genetic testing with the Department of Human 588
Services until the date the test results are revealed to the 589
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alleged father by the department. After the one-year time period 590
has expired, not including any period of time tolled for the 591
purpose of acquiring genetic testing through the department, the 592
provisions of subsection (4)(b) of this section shall apply. 593
SECTION 15. Section 93-11-65, Mississippi Code of 1972, is 594
amended as follows: 595
93-11-65. (1) (a) In addition to the right to proceed 596
under Section 93-5-23, Mississippi Code of 1972, and in addition 597
to the remedy of habeas corpus in proper cases, and other existing 598
remedies, the chancery court of the proper county shall have 599
jurisdiction to entertain suits for the custody, care, support and 600
maintenance of minor children and to hear and determine all such 601
matters, and shall, if need be, require bond, sureties or other 602
guarantee to secure any order for periodic payments for the 603
maintenance or support of a child. In the event a legally 604
responsible parent has health insurance available to him or her 605
through an employer or organization that may extend benefits to 606
the dependents of such parent, any order of support issued against 607
such parent may require him or her to exercise the option of 608
additional coverage in favor of such children as he or she is 609
legally responsible to support. Proceedings may be brought by or 610
against a resident or nonresident of the State of Mississippi, 611
whether or not having the actual custody of minor children, for 612
the purpose of judicially determining the legal custody of a 613
child. All actions herein authorized may be brought in the county 614
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where the child is actually residing, or in the county of the 615
residence of the party who has actual custody, or of the residence 616
of the defendant. Process shall be had upon the parties as 617
provided by law for process in person or by publication, if they 618
be nonresidents of the state or residents of another jurisdiction 619
or are not found therein after diligent search and inquiry or are 620
unknown after diligent search and inquiry; provided that the court 621
or chancellor in vacation may fix a date in termtime or in 622
vacation to which process may be returnable and shall have power 623
to proceed in termtime or vacation. Provided, however, that if 624
the court shall find that both parties are fit and proper persons 625
to have custody of the children, and that either party is able to 626
adequately provide for the care and maintenance of the children, 627
the chancellor may consider the preference of a child of twelve 628
(12) years of age or older as to the parent with whom the child 629
would prefer to live in determining what would be in the best 630
interest and welfare of the child. The chancellor shall place on 631
the record the reason or reasons for which the award of custody 632
was made and explain in detail why the wishes of any child were or 633
were not honored. 634
(b) An order of child support shall specify the sum to 635
be paid weekly or otherwise. In addition to providing for support 636
and education, the order shall also provide for the support of the 637
child prior to the making of the order for child support, and such 638
other expenses as the court may deem proper. 639
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(c) The court may require the payment to be made to the 640
custodial parent, or to some person or corporation to be 641
designated by the court as trustee, but if the child or custodial 642
parent is receiving public assistance, the Department of Human 643
Services shall be made the trustee. 644
(d) The noncustodial parent's liabilities for past 645
education and necessary support and maintenance and other expenses 646
are limited to a period of one (1) year next preceding the 647
commencement of an action. 648
(2) Provided further, that where the proof shows that both 649
parents have separate incomes or estates, the court may require 650
that each parent contribute to the support and maintenance of the 651
children in proportion to the relative financial ability of each. 652
(3) Whenever the court has ordered a party to make periodic 653
payments for the maintenance or support of a child, but no bond, 654
sureties or other guarantee has been required to secure such 655
payments, and whenever such payments as have become due remain 656
unpaid for a period of at least thirty (30) days, the court may, 657
upon petition of the person to whom such payments are owing, or 658
such person's legal representative, enter an order requiring that 659
bond, sureties or other security be given by the person obligated 660
to make such payments, the amount and sufficiency of which shall 661
be approved by the court. The obligor shall, as in other civil 662
actions, be served with process and shall be entitled to a hearing 663
in such case. 664
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(4) When a charge of abuse or neglect of a child first 665
arises in the course of a custody or maintenance action pending in 666
the chancery court pursuant to this section, the chancery court 667
may proceed with the investigation, hearing and determination of 668
such abuse or neglect charge as a part of its hearing and 669
determination of the custody or maintenance issue as between the 670
parents, as provided in Section 43-21-151, notwithstanding the 671
other provisions of the Youth Court Law. The proceedings in 672
chancery court on the abuse or neglect charge shall be 673
confidential in the same manner as provided in youth court 674
proceedings, and the chancery court shall appoint a guardian ad 675
litem in such cases, as provided under Section 43-21-121 for youth 676
court proceedings, who shall be an attorney. In determining 677
whether any portion of a guardian ad litem's fee shall be assessed 678
against any party or parties as a cost of court for reimbursement 679
to the county, the court shall consider each party's individual 680
ability to pay. Unless the chancery court's jurisdiction has been 681
terminated, all disposition orders in such cases for placement 682
with the Department of Human Services shall be reviewed by the 683
court or designated authority at least annually to determine if 684
continued placement with the department is in the best interest of 685
the child or the public. 686
(5) Each party to a paternity or child support proceeding 687
shall notify the other within five (5) days after any change of 688
address. In addition, the noncustodial and custodial parent shall 689
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file and update, with the court and with the state case registry, 690
information on that party's location and identity, including 691
social security number, residential and mailing addresses, 692
telephone numbers, photograph, driver's license number, and name, 693
address and telephone number of the party's employer. This 694
information shall be required upon entry of an order or within 695
five (5) days of a change of address. 696
(6) In any case subsequently enforced by the Department of 697
Human Services pursuant to Title IV-D of the Social Security Act, 698
the court shall have continuing jurisdiction. 699
(7) In any subsequent child support enforcement action 700
between the parties, upon sufficient showing that diligent effort 701
has been made to ascertain the location of a party, due process 702
requirements for notice and service of process shall be deemed to 703
be met with respect to the party upon delivery of written notice 704
to the most recent residential or employer address filed with the 705
state case registry. 706
(8) (a) The duty of support of a child terminates upon the 707
emancipation of the child. Unless otherwise provided for in the 708
underlying child support judgment, emancipation shall occur when 709
the child: 710
(i) Attains the age of * * * eighteen (18) years 711
as long as the child is no longer attending high school, or 712
(ii) Marries, or 713
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(iii) Joins the military and serves on a full-time 714
basis, or 715
(iv) Is convicted of a felony and is sentenced to 716
incarceration of two (2) or more years for committing such 717
felony; * * * 718
(b) Unless otherwise provided for in the underlying 719
child support judgment, the court may determine that emancipation 720
has occurred and no other support obligation exists when the 721
child: 722
(i) Discontinues full-time enrollment in school 723
having attained the age of eighteen (18) years, unless the child 724
is disabled, or 725
(ii) Voluntarily moves from the home of the 726
custodial parent or guardian, establishes independent living 727
arrangements, obtains full-time employment and discontinues 728
educational endeavors prior to attaining the age of * * * eighteen 729
(18) years, or 730
(iii) Cohabits with another person without the 731
approval of the parent obligated to pay support; * * * 732
(c) The duty of support of a child who is incarcerated 733
but not emancipated shall be suspended for the period of the 734
child's incarceration. 735
(9) A determination of emancipation does not terminate any 736
obligation of the noncustodial parent to satisfy arrearage 737
existing as of the date of emancipation; the total amount of 738
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periodic support due prior to the emancipation plus any periodic 739
amounts ordered paid toward the arrearage shall continue to be 740
owed until satisfaction of the arrearage in full, in addition to 741
the right of the person for whom the obligation is owed to execute 742
for collection as may be provided by law. 743
(10) Upon motion of a party requesting temporary child 744
support pending a determination of parentage, temporary support 745
shall be ordered if there is clear and convincing evidence of 746
paternity on the basis of genetic tests or other evidence, unless 747
the court makes written findings of fact on the record that the 748
award of temporary support would be unjust or inappropriate in a 749
particular case. 750
(11) Custody and visitation upon military temporary duty, 751
deployment or mobilization shall be governed by Section 93-5-34. 752
SECTION 16. Section 93-14-102, Mississippi Code of 1972, is 753
amended as follows: 754
93-14-102. In this chapter: 755
(1) "Adult" means an individual who has attained * * * 756
eighteen (18) years of age as long as the individual is no longer 757
attending high school. 758
(2) "Conservator" means a person appointed by the court 759
to administer the property of an adult, including a person 760
appointed under Article 4 of Title 93, Chapter 20, Mississippi 761
Code of 1972. 762
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(3) "Guardian" means a person appointed by the court to 763
make decisions regarding the person of an adult, including a 764
person appointed under Article 2 or 3 of Chapter 20, Title 93. 765
(4) "Guardianship order" means an order appointing a 766
guardian. 767
(5) "Guardianship proceeding" means a judicial 768
proceeding in which an order for the appointment of a guardian is 769
sought or has been issued. 770
(6) "Incapacitated person" means an adult for whom a 771
guardian has been appointed. 772
(7) "Party" means the respondent, petitioner, guardian, 773
conservator, or any other person allowed by the court to 774
participate in a guardianship or protective proceeding. 775
(8) "Person," except in the term incapacitated person 776
or protected person, means an individual, corporation, business 777
trust, estate, trust, partnership, limited liability company, 778
association, joint venture, public corporation, government or 779
governmental subdivision, agency, or instrumentality, or any other 780
legal or commercial entity. 781
(9) "Protected person" means an adult for whom a 782
protective order has been issued. 783
(10) "Protective order" means an order appointing a 784
conservator or other order related to management of an adult's 785
property. 786
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(11) "Protective proceeding" means a judicial 787
proceeding in which a protective order is sought or has been 788
issued. 789
(12) "Record" means information that is inscribed on a 790
tangible medium or that is stored in an electronic or other medium 791
and is retrievable in perceivable form. 792
(13) "Respondent" means an adult for whom a protective 793
order or the appointment of a guardian is sought. 794
(14) "State" means a state of the United States, the 795
District of Columbia, Puerto Rico, the United States Virgin 796
Islands, a federally recognized Indian tribe, or any territory or 797
insular possession subject to the jurisdiction of the United 798
States. 799
SECTION 17. Section 93-15-103, Mississippi Code of 1972, is 800
amended as follows: 801
93-15-103. For purposes of this chapter, unless a different 802
meaning is plainly expressed by the context, the following 803
definitions apply: 804
(a) "Abandonment" means any conduct by the parent, 805
whether consisting of a single incident or actions over an 806
extended period of time, that evinces a settled purpose to 807
relinquish all parental claims and responsibilities to the child. 808
Abandonment may be established by showing: 809
(i) For a child who is under three (3) years of 810
age on the date that the petition for termination of parental 811
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rights was filed, that the parent has deliberately made no contact 812
with the child for six (6) months; 813
(ii) For a child who is three (3) years of age or 814
older on the date that the petition for termination of parental 815
rights was filed, that the parent has deliberately made no contact 816
with the child for at least one (1) year; 817
(iii) If the child is under six (6) years of age, 818
that the parent has exposed the child in any highway, street, 819
field, outhouse, or elsewhere with the intent to wholly abandon 820
the child; or 821
(iv) If the parent gives possession of the child 822
to an emergency medical services provider pursuant to Sections 823
43-15-201 et seq. 824
(b) "Child" means a person under eighteen (18) years of 825
age. 826
(c) "Court" means the court having jurisdiction under 827
the Mississippi Termination of Parental Rights Law. 828
(d) "Desertion" means: 829
(i) Any conduct by the parent over an extended 830
period of time that demonstrates a willful neglect or refusal to 831
provide for the support and maintenance of the child; or 832
(ii) That the parent has not demonstrated, within 833
a reasonable period of time after the birth of the child, a full 834
commitment to the responsibilities of parenthood. 835
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(e) "Home" means any charitable or religious 836
corporation or organization or the superintendent or head of the 837
charitable or religious corporation or organization organized 838
under the laws of the State of Mississippi, any public authority 839
to which has been granted the power to provide care for or procure 840
the adoption of children by any Mississippi statute, and any 841
association or institution engaged in placing children for 842
adoption on July 1, 1955. 843
(f) "Interested person" means any person related to the 844
child by consanguinity or affinity, a custodian or legal guardian 845
of the child, a guardian ad litem representing the child's best 846
interests, or an attorney representing the child's preferences 847
under Rule 13 of the Uniform Rules of Youth Court Practice. 848
(g) "Minor parent" means any parent under * * * 849
eighteen (18) years of age. 850
(h) "Parent" means a natural or adoptive parent of the 851
child. 852
(i) "Permanency outcome" means achieving a permanent or 853
long-term custodial arrangement for the custody and care of the 854
child that ends the supervision of the Department of Child 855
Protection Services. 856
(j) "Qualified health professional" means a licensed or 857
certified professional who is engaged in the delivery of health 858
services and who meets all applicable federal or state 859
requirements to provide professional services. 860
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(k) "Qualified mental health professional" means a 861
person with at least a master's degree in mental health or a 862
related field and who has either a professional license or a 863
Department of Mental Health credential as a mental health 864
therapist. 865
(l) "Reunification" means the restoration of the 866
parent's custodial rights in providing for the safety and welfare 867
of the child which ends the supervision of the Department of Child 868
Protection Services. 869
SECTION 18. Section 93-17-5, Mississippi Code of 1972, is 870
amended as follows: 871
93-17-5. (1) There shall be made parties to the proceeding 872
by process or by the filing therein of a consent to the adoption 873
proposed in the petition, which consent shall be duly sworn to or 874
acknowledged and executed only by the following persons, but not 875
before seventy-two (72) hours after the birth of the child: 876
(a) The parents, or parent, if only one (1) parent, 877
though either be under the age of * * * eighteen (18) years; 878
(b) If both parents are dead, then any two (2) adult 879
kin of the child within the third degree computed according to the 880
civil law; if one of such kin is in possession of the child, he or 881
she shall join in the petition or be made a party to the suit; or 882
(c) The guardian ad litem of an abandoned child, upon 883
petition showing that the names of the parents of the child are 884
unknown after diligent search and inquiry by the petitioners. In 885
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addition to the above, there shall be made parties to any 886
proceeding to adopt a child, either by process or by the filing of 887
a consent to the adoption proposed in the petition, the following: 888
(i) Those persons having physical custody of the 889
child, except persons who are acting as foster parents as a result 890
of placement with them by the Department of Child Protection 891
Services of the State of Mississippi. 892
(ii) Any person to whom custody of the child may 893
have been awarded by a court of competent jurisdiction of the 894
State of Mississippi. 895
(iii) The agent of the Department of Child 896
Protection Services of the State of Mississippi that has placed a 897
child in foster care, either by agreement or by court order. 898
(2) The consent may also be executed and filed by the duly 899
authorized officer or representative of a home to whose care the 900
child has been delivered. The child shall join the petition by 901
the child's next friend. 902
(3) If consent is not filed, process shall be had upon the 903
parties as provided by law for process in person or by 904
publication, if they are nonresidents of the state or are not 905
found therein after diligent search and inquiry, the court or 906
chancellor in vacation may fix a date in termtime or in vacation 907
to which process may be returnable and shall have power to proceed 908
in termtime or vacation. In any event, if the child is more than 909
fourteen (14) years of age, a consent to the adoption, sworn to or 910
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acknowledged by the child, shall also be required or personal 911
service of process shall be had upon the child in the same manner 912
and in the same effect as if the child were an adult. 913
SECTION 19. Section 93-17-205, Mississippi Code of 1972, is 914
amended as follows: 915
93-17-205. (1) The bureau shall maintain a centralized 916
adoption records file for all adoptions performed in this state 917
after July 1, 2005, which shall contain the following information: 918
(a) The medical and social history of the birth 919
parents, including information regarding genetically inheritable 920
diseases or illnesses and any similar information furnished by the 921
birth parents about the adoptee's grandparents, aunts, uncles, 922
brothers and sisters if known; 923
(b) A report of any medical examination which either 924
birth parent had within one (1) year before the date of the 925
petition for adoption, if available and known; 926
(c) A report describing the adoptee's prenatal care and 927
medical condition at birth, if available and known; 928
(d) The medical and social history of the adoptee, 929
including information regarding genetically inheritable diseases 930
or illnesses, and any other relevant medical, social and genetic 931
information if available; and 932
(e) Forms 100A, 100B (if applicable) and evidence of 933
Interstate Compact for Placement of Children approval (if 934
applicable). 935
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The Administrative Office of Courts shall assist the bureau 936
in the maintenance of its centralized adoption record by compiling 937
the number of finalized adoptions in each chancery court district 938
on a monthly basis, and submitting this information to the bureau. 939
The bureau shall include these statistics in its centralized 940
adoption record. The information in this report shall include the 941
number of adoptions in this state where the adopting parent is a 942
blood relative of the adoptee and the number of adoptions in this 943
state where the adopting parent is not a blood relative of the 944
adoptee. The report shall not include any individual identifying 945
information. This information shall be updated annually and made 946
available to the public upon request for a reasonable fee. 947
(2) Any birth parent may file with the bureau at any time 948
any relevant supplemental nonidentifying information about the 949
adoptee or the adoptee's birth parents, and the bureau shall 950
maintain this information in the centralized adoption records 951
file. 952
(3) The bureau shall also maintain as part of the 953
centralized adoption records file the following: 954
(a) The name, date of birth, social security number 955
(both original and revised, where applicable) and birth 956
certificate (both original and revised) of the adoptee; 957
(b) The names, current addresses and social security 958
numbers of the adoptee's birth parents, guardian and legal 959
custodian; 960
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(c) Any other available information about the birth 961
parent's identity and location. 962
(4) Any birth parent may file with the bureau at any time an 963
affidavit authorizing the bureau to provide the adoptee with his 964
or her original birth certificate and with any other available 965
information about the birth parent's identity and location, or an 966
affidavit expressly prohibiting the bureau from providing the 967
adoptee with any information about such birth parent's identity 968
and location, and prohibiting any licensed adoption agency from 969
conducting a search for such birth parent under the terms of 970
Sections 93-17-201 through 93-17-223. An affidavit filed under 971
this section may be revoked at any time by written notification to 972
the bureau from the birth parent. 973
(5) Counsel for the adoptive parents in the adoption 974
finalization proceeding shall provide the bureau with the 975
information required in subsections (1) and (3) of this section, 976
and he shall also make such information a part of the adoption 977
records of the court in which the final decree of adoption is 978
rendered. This information shall be provided on forms prepared by 979
the bureau. 980
(6) (a) If an agency receives a report from a physician 981
stating that a birth parent or another child of the birth parent 982
has acquired or may have a genetically transferable disease or 983
illness, the agency shall notify the bureau and the appropriate 984
licensed adoption agency, and the latter agency shall notify the 985
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adoptee of the existence of the disease or illness, if he or she 986
is * * * eighteen (18) years of age or over, or notify the 987
adoptee's guardian, custodian or adoptive parent if the adoptee is 988
under age * * * eighteen (18). 989
(b) If an agency receives a report from a physician 990
that an adoptee has acquired or may have a genetically 991
transferable disease or illness, the agency shall notify the 992
bureau and the appropriate licensed agency, and the latter agency 993
shall notify the adoptee's birth parent of the existence of the 994
disease or illness. 995
(7) Compliance with the provisions of this section may be 996
waived by the court, in its discretion, in any chancery court 997
proceeding in which one or more of the petitioners for adoption is 998
the natural mother or father of the adoptee. 999
SECTION 20. Section 93-17-215, Mississippi Code of 1972, is 1000
amended as follows: 1001
93-17-215. Any person * * * under the age of eighteen (18) 1002
who has been adopted in this state may request the bureau through 1003
a licensed adoption agency providing post-adoption services to 1004
obtain and provide the identifying information regarding either or 1005
both of his or her birth parents maintained as provided in Section 1006
93-17-205, unless that birth parent has executed an affidavit 1007
prohibiting the release of such information. 1008
SECTION 21. Section 93-20-102, Mississippi Code of 1972, is 1009
amended as follows: 1010
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93-20-102. In this chapter: 1011
(a) "Adult" means an individual at least * * * eighteen 1012
(18) years of age or an emancipated individual under * * * 1013
eighteen (18) years of age. 1014
(b) "Claim" includes a claim against an individual or 1015
conservatorship estate, whether arising in contract, tort, or 1016
otherwise. 1017
(c) "Conservator" means a person appointed by a court 1018
to make decisions with respect to the property or financial 1019
affairs of a ward. The term includes a co-conservator. 1020
(d) "Conservatorship estate" means the property subject 1021
to conservatorship under this chapter. 1022
(e) "Full conservatorship" means a conservatorship that 1023
grants the conservator all powers available under this chapter. 1024
(f) "Full guardianship" means a guardianship that 1025
grants the guardian all powers available under this chapter. 1026
(g) "Guardian" means a person appointed by the court to 1027
make decisions with respect to the personal affairs of the ward. 1028
The term includes a co-guardian but does not include a guardian ad 1029
litem. 1030
(h) "Guardian ad litem" means a qualified person 1031
appointed by the court to inform the court about the ward, to 1032
protect the best interests of the ward, and to make 1033
recommendations to the court in the best interests of the ward. 1034
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(i) "Less restrictive alternative" means an approach to 1035
meeting an individual's needs which restricts fewer rights of the 1036
individual than would the appointment of a guardian or conservator 1037
in the discretion of the court. 1038
(j) "Letters of guardianship or conservatorship" means 1039
a record issued by a court certifying a guardian's or 1040
conservator's authority to act. 1041
(k) "Limited conservatorship" means a conservatorship 1042
that grants the conservator less than all powers available under 1043
this chapter, grants powers over only certain property, or 1044
otherwise restricts the powers of the conservator. 1045
(l) "Limited guardianship" means a guardianship that 1046
grants the guardian less than all powers available under this 1047
chapter or otherwise restricts the powers of the guardian. 1048
(m) "Minor" means an unemancipated individual 1049
under * * * eighteen (18) years of age. 1050
(n) "Notice" means any notice as provided by Rule 5 of 1051
the Mississippi Rules of Civil Procedure. 1052
(o) "Parent" does not include an individual whose 1053
parental rights have been terminated. 1054
(p) "Person" means an individual, estate, business or 1055
nonprofit entity, public corporation, government or governmental 1056
subdivision, agency, or instrumentality, or other legal entity. 1057
(q) "Property" includes tangible and intangible 1058
property. 1059
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(r) "Record," used as a noun, means information that is 1060
inscribed on a tangible medium or that is stored in an electronic 1061
or other medium and is retrievable in perceivable form. 1062
(s) "Respondent" means an individual for whom 1063
appointment of a guardian or conservator is sought. 1064
(t) "Sign" means, with present intent to authenticate 1065
or adopt a record: 1066
(i) To execute or adopt a tangible symbol; or 1067
(ii) To attach to or logically associate with the 1068
record an electronic symbol, sound, or process. 1069
(u) "State" means a state of the United States, the 1070
District of Columbia, Puerto Rico, the United States Virgin 1071
Islands, or any territory or insular possession subject to the 1072
jurisdiction of the United States. The term includes a federally 1073
recognized Indian tribe. 1074
(v) "Summons" means any properly issued summons as 1075
provided by the Mississippi Rules of Civil Procedure. 1076
(w) "Ward" means an adult or minor for whom a guardian 1077
or conservator has been appointed under this chapter. 1078
SECTION 22. Section 97-33-23, Mississippi Code of 1972, is 1079
amended as follows: 1080
97-33-23. Any person of full age who shall bet any money or 1081
thing of value with a minor, knowing such minor to be under the 1082
age of * * * eighteen (18), or allowing any such minor to bet at 1083
any game or games, or at any gaming table exhibited by him, or in 1084
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which he is interested or in any manner concerned, on conviction 1085
thereof, shall be punished by imprisonment in the Penitentiary not 1086
exceeding two (2) years. 1087
This section shall apply to minors under the age of * * * 1088
eighteen (18) as it might apply to the operation of any game or 1089
lottery authorized by Chapter 115, Title 27. 1090
SECTION 23. Section 99-3-45, Mississippi Code of 1972, is 1091
amended as follows: 1092
99-3-45. A person under the age of * * * eighteen (18) who 1093
is released under either Section 99-3-17 or 99-3-18 following 1094
arrest must be given notice: 1095
(a) That the person is allowed to call a parent, 1096
guardian or custodian in addition to any other opportunity to call 1097
that has been afforded to such person; and 1098
(b) That Intervention Court and other pretrial 1099
diversion programs may be available for many offenses. 1100
SECTION 24. Section 35-7-43, Mississippi Code of 1972, which 1101
provides for the removal of the disabilities of minority of 1102
certain veterans, is repealed. 1103
SECTION 25. Section 91-7-37, Mississippi Code of 1972, which 1104
provides for the removal of the disabilities of minority for 1105
certain executors, executrixes, administrators or 1106
administratrixes, is repealed. 1107
SECTION 26. Section 93-19-13, Mississippi Code of 1972, is 1108
brought forward as follows: 1109
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ST: Age of majority; revise.
93-19-13. (1) All persons eighteen (18) years of age or 1110
older, if not otherwise disqualified, or prohibited by law, shall 1111
have the capacity to enter into binding contractual relationships 1112
affecting personal property, mortgages and real property. In 1113
addition, all persons eighteen (18) years of age or older shall 1114
have the capacity to enter into binding contractual relationships 1115
for the purpose of investing in mutual funds, stocks, bonds and 1116
any other publicly traded equities. Nothing in this section shall 1117
be construed to affect any contracts entered into prior to July 1, 1118
1976. 1119
(2) Any person who, upon attaining eighteen (18) years of 1120
age, but not having reached the age of majority, if not otherwise 1121
disqualified or prohibited by law, shall have the capacity to 1122
enter into binding agreements to lease real property to be 1123
occupied by the person as the actual place of residence, and to 1124
secure the necessary utility services necessary to make such place 1125
of residence habitable, including, but not limited to, 1126
electricity, natural gas, propane, water, sewage, garbage disposal 1127
and Internet services. 1128
(3) In any legal action founded on a contract entered into 1129
by a person eighteen (18) years of age or older, the said person 1130
may sue in his own name as an adult and be sued in his own name as 1131
an adult and be served with process as an adult. 1132
SECTION 27. This act shall take effect and be in force from 1133
and after July 1, 2026. 1134