Age of majority; revise.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeBar

SENATE BILL NO. 2031

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