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S. B. No. 2750 *SS26/R1219* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2750
AN ACT TO AMEND SECTION 41-57-14, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT UPON THE BIRTH OF A CHILD, THE HOSPITAL, BIRTHING 2
CENTER, MIDWIFE OR OTHER BIRTH ATTENDANT SHALL PROVIDE AN 3
OPPORTUNITY FOR THE CHILD'S MOTHER TO COMPLETE AN ACKNOWLEDGEMENT 4
OF MATRIMONY AND PATERNITY, STATING WHETHER SHE IS MARRIED TO THE 5
CHILD'S NATURAL FATHER, MARRIED TO SOMEONE OTHER THAN THE CHILD'S 6
NATURAL FATHER OR UNMARRIED; TO PROVIDE THAT IF AT THE TIME OF THE 7
BIRTH, THE CHILD'S MOTHER ACKNOWLEDGES THAT THE CHILD IS BORN OUT 8
OF LAWFUL MATRIMONY OR IF THE RESULTS OF SCIENTIFIC TESTS INDICATE 9
THAT THE HUSBAND OF THE CHILD'S MOTHER, IF SHE IS MARRIED, IS NOT 10
THE BIOLOGICAL FATHER OF THE CHILD, THAT THE CHILD'S MOTHER AND 11
NATURAL FATHER, IF PRESENT AND IDENTIFIABLE, SHALL BE PROVIDED AN 12
OPPORTUNITY TO COMPLETE AN ACKNOWLEDGMENT OF PATERNITY AS 13
SPECIFIED IN SECTION 93-9-28(4); TO AMEND SECTION 41-57-23, 14
MISSISSIPPI CODE OF 1972, TO MIRROR EXISTING STATUTORY LANGUAGE 15
REGARDING A CHILD BORN OUT OF LAWFUL MATRIMONY; TO AMEND SECTION 16
93-9-28, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 17
93-9-10, MISSISSIPPI CODE OF 1972, TO DELETE A NECESSARY FINDING 18
TO BE GRANTED RELIEF IN A PETITION FOR DISESTABLISHMENT OF 19
PATERNITY THAT THE CHILD WAS NOT CONCEIVED BY ARTIFICIAL 20
INSEMINATION WHILE THE LEGAL FATHER ORDERED TO PAY SUPPORT AND THE 21
CHILD'S MOTHER WERE MARRIED; TO CREATE NEW SECTION 1-3-85, 22
MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "MOTHER," "FATHER" 23
AND "PARENT"; TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ISSUE 24
RULES; TO PROVIDE THAT THE LIBERTY OF A PARENT TO DIRECT THE 25
UPBRINGING, EDUCATION, HEALTH CARE AND MENTAL HEALTH OF THAT 26
PARENT'S CHILD IS A FUNDAMENTAL RIGHT AND THAT NEITHER THIS STATE, 27
ANY POLITICAL SUBDIVISION OF THIS STATE NOR ANY OTHER GOVERNMENTAL 28
ENTITY MAY SUBSTANTIALLY BURDEN SUCH RIGHT WITHOUT DEMONSTRATING 29
THAT THE BURDEN IS REQUIRED BY A COMPELLING GOVERNMENTAL INTEREST 30
OF THE HIGHEST ORDER AND IS THE LEAST RESTRICTIVE MEANS OF 31
FURTHERING THAT COMPELLING GOVERNMENTAL INTEREST; AND FOR RELATED 32
PURPOSES. 33
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 34
SECTION 1. Section 41-57-14, Mississippi Code of 1972, is 35
amended as follows: 36
41-57-14. (1) Upon the birth of a child, the hospital, 37
birthing center, midwife or other birth attendant shall provide an 38
opportunity for the child's mother to complete an acknowledgement 39
of matrimony and paternity, stating whether she is married to the 40
child's natural father, married to someone other than the child's 41
natural father or unmarried. Except as provided in subsection (3) 42
of this section, if the mother was married at the time of either 43
conception or birth, or at any time between conception and birth, 44
the name of the husband shall be entered on the certificate of 45
birth as the father of the child. The social security number of 46
each parent of a child born within this state shall be furnished 47
to the local registrar of vital records at the time of filing the 48
certificate of birth, but such information shall not appear on the 49
portion of the certificate to be issued as a certified copy. Such 50
information shall be sent to the Office of Vital Records 51
Registration of the State Department of Health along with the 52
certificate of birth and shall be retained by the office. The 53
information shall not be disclosed to any person except as 54
authorized by * * * subsection (2) of this section or as allowed 55
by Section 41-57-2. 56
(2) The Office of Vital Records Registration shall make 57
available to the Division of Child Support Enforcement of the 58
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Mississippi Department of Human Services information concerning 59
the names and social security numbers of the parents obtained 60
under the requirements of * * * subsection (1) of this section for 61
the use in establishing paternity or enforcing child support 62
obligations. Information obtained by the Division of Child 63
Support Enforcement under this section may be used in any action 64
or proceeding before any court, administrative tribunal, or other 65
proceeding for the purpose of establishing paternity, establishing 66
a child support obligation, collecting child support or locating 67
persons owing such an obligation. 68
(3) If at the time of the birth, the child's mother 69
acknowledges that the child is born out of lawful matrimony as 70
defined in Section 93-9-7, or if the hospital, birthing center, 71
midwife or other birth attendant is presented with the results of 72
a scientific test or tests that are generally acceptable to the 73
scientific community to show a probability of paternity, and the 74
results indicate that the husband of the child's mother, if she is 75
married, is excluded as being the biological father of the child, 76
the hospital, birthing center, midwife or other birth attendant 77
shall provide an opportunity for the child's mother and natural 78
father, if present and identifiable, to complete an 79
acknowledgement of paternity as specified in Section 93-9-28(4). 80
SECTION 2. Section 41-57-23, Mississippi Code of 1972, is 81
amended as follows: 82
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41-57-23. (1) Any petition, bill of complaint or other 83
proceeding filed in the chancery court to: (a) change the date of 84
birth by two (2) or more days, (b) change the surname of a child, 85
(c) change the surname of either or both parents, (d) change the 86
birthplace of the child because of an error or omission of such 87
information as originally recorded, or (e) make any changes or 88
additions to a birth certificate resulting from a legitimation, 89
filiation or any changes not specifically authorized elsewhere by 90
statute, shall be filed in the county of residence of the 91
petitioner or filed in any chancery court district of the state if 92
the petitioner be a nonresident petitioner. In all such 93
proceedings, the State Board of Health shall be made a respondent 94
therein, and a certified copy of the petition, bill of complaint 95
or other proceeding shall be forwarded to the State Board of 96
Health. Process may be served upon the State Registrar of Vital 97
Records. The State Board of Health shall file an answer to all 98
such proceedings within the time as provided by general law. The 99
provisions of this section shall not apply to adoption 100
proceedings. Upon receipt of a certified copy of a decree, which 101
authorizes and directs the State Board of Health to alter the 102
certificate, it shall comply with all of the provisions of such 103
decree. 104
(2) (a) If a petition, bill of complaint or other 105
proceeding is filed in the Tribal Court of the Mississippi Band of 106
Choctaw Indians for any of the purposes described in paragraphs 107
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(a) through (e) of subsection (1) with regard to the birth 108
certificate of a person of Mississippi Choctaw descent, the tribal 109
court shall have the same authority as the chancery court would 110
have to make any of those changes described in those paragraphs in 111
subsection (1), and the State Board of Health shall comply with a 112
decree from the tribal court in the same manner as if the decree 113
was issued by the chancery court. In all those proceedings in the 114
tribal court, the State Board of Health shall be made a respondent 115
therein, and a certified copy of the petition, bill of complaint 116
or other proceeding shall be forwarded to the State Board of 117
Health. 118
(b) The Tribal Court of the Mississippi Band of Choctaw 119
Indians is not the exclusive venue for making changes to the birth 120
certificates of persons of Mississippi Choctaw descent, and 121
changes to the birth certificates of persons of Mississippi 122
Choctaw descent may also be made in proceedings in the chancery 123
court. 124
(c) Nothing in this subsection shall be construed to 125
enlarge the subject matter jurisdiction of the Tribal Court of the 126
Mississippi Band of Choctaw Indians. 127
(3) If a child is born * * * out of lawful matrimony as 128
defined in Section 93-9-7, and the natural father acknowledges 129
paternity, the name of the father shall be added to the birth 130
certificate if a notarized affidavit by both parents acknowledging 131
paternity is received on the form prescribed or as provided in 132
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Section 93-9-9. The surname of the child shall be that of the 133
father except that an affidavit filed at birth by both listed 134
mother and father may alter this rule. In the event the mother 135
was married at the time of conception or birth, or at any time 136
between conception and birth, or if a father is already listed on 137
the birth certificate, action must be taken under Section 138
41-57-23(1) to add or change the name of the father. 139
(4) (a) A signed voluntary acknowledgment of paternity is 140
subject to the right of any signatory to rescind the 141
acknowledgment within the earlier of: 142
(i) One (1) year; or 143
(ii) The date of a judicial proceeding relating to 144
the child, including a proceeding to establish a support order, in 145
which the signatory is a party. 146
(b) After the expiration of the one-year period 147
specified in paragraph (a)(i) of this subsection, a signed 148
voluntary acknowledgment of paternity may be challenged in court 149
only on the basis of fraud, duress, or material mistake of fact, 150
with the burden of proof upon the challenger; the legal 151
responsibilities, including child support obligations, of any 152
signatory arising from the acknowledgment may not be suspended 153
during the pendency of the challenge, except for good cause shown. 154
SECTION 3. Section 93-9-28, Mississippi Code of 1972, is 155
amended as follows: 156
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93-9-28. (1) The Mississippi State Department of Health in 157
cooperation with the Mississippi Department of Human Services 158
shall develop a form and procedure which may be used to secure a 159
voluntary acknowledgement of paternity from the mother and father 160
of any child born * * * in Mississippi out of lawful matrimony as 161
defined in Section 93-9-7. The form shall clearly state on its 162
face that the execution of the acknowledgement of paternity shall 163
result in the same legal effect as if the father and mother had 164
been married at the time of the birth of the child. The form 165
shall also clearly indicate the right of the alleged father to 166
request genetic testing through the Department of Human Services 167
within the one-year time period specified in subsection (2)(a)(i) 168
of this section and shall state the adverse effects and 169
ramifications of not availing himself of this one-time opportunity 170
to definitively establish the paternity of the child. When such 171
form has been completed according to the established procedure and 172
the signatures of both the mother and father have been notarized, 173
then such voluntary acknowledgement shall constitute a full 174
determination of the legal parentage of the child. The completed 175
voluntary acknowledgement of paternity shall be filed with the 176
Bureau of Vital Statistics of the Mississippi State Department of 177
Health. The name of the father shall be entered on the 178
certificate of birth upon receipt of the completed voluntary 179
acknowledgement. 180
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(2) (a) A signed voluntary acknowledgment of paternity is 181
subject to the right of any signatory to rescind the 182
acknowledgment within the earlier of: 183
(i) One (1) year; or 184
(ii) The date of a judicial proceeding relating to 185
the child, including a proceeding to establish a support order, in 186
which the signatory is a party. 187
(b) After the expiration of the one-year period 188
specified in subsection (2)(a)(i) of this section, a signed 189
voluntary acknowledgment of paternity may be challenged in court 190
only on the basis of fraud, duress, or material mistake of fact, 191
with the burden of proof upon the challenger; the legal 192
responsibilities, including child support obligations, of any 193
signatory arising from the acknowledgment may not be suspended 194
during the pendency of the challenge, except for good cause shown. 195
(c) During the one-year time period specified in 196
subsection (2)(a)(i) of this section, the alleged father may 197
request genetic testing through the Department of Human Services 198
in accordance with the provisions of Section 93-9-21. 199
(d) The one-year time limit, specified in subsection 200
(2)(a)(i) of this section, for the right of the alleged father to 201
rescind the signed voluntary acknowledgement of paternity shall be 202
tolled from the date the alleged father files his formal 203
application for genetic testing with the Department of Human 204
Services until the date the test results are revealed to the 205
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alleged father by the department. After the one-year time period 206
has expired, not including any period of time tolled for the 207
purpose of acquiring genetic testing through the department, the 208
provisions of subsection (2)(b) of this section shall apply. 209
(3) The Mississippi State Department of Health and the 210
Mississippi Department of Human Services shall cooperate to 211
establish procedures to facilitate the voluntary acknowledgement 212
of paternity by both father and mother at the time of the birth of 213
any child born out of * * * lawful matrimony as defined in Section 214
93-9-7. Such procedures shall establish responsibilities for each 215
of the departments and for hospitals, birthing centers, midwives, 216
and/or other birth attendants to seek and report voluntary 217
acknowledgements of paternity. In establishing such procedures, 218
the departments shall provide for obtaining the social security 219
account numbers of both the father and mother on voluntary 220
acknowledgements. 221
(4) Upon the birth of a child out of * * * lawful matrimony 222
as defined in Section 93-9-7, the hospital, birthing center, 223
midwife or other birth attendant shall provide an opportunity for 224
the child's mother and natural father to complete an 225
acknowledgement of paternity by giving the mother and natural 226
father the appropriate forms and information developed through the 227
procedures established in subsection (3). The hospital, birthing 228
center, midwife or other birth attendant shall be responsible for 229
providing printed information, and audio visual material if 230
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available, related to the acknowledgement of paternity, and shall 231
be required to provide notary services needed for the completion 232
of acknowledgements of paternity. The information described above 233
shall be provided to the mother and natural father, if present and 234
identifiable, within twenty-four (24) hours of birth or before the 235
mother is released. Such information, including forms, brochures, 236
pamphlets, video tapes and other media, shall be provided at no 237
cost to the hospital, birthing center or midwife by the 238
Mississippi State Department of Health, the Department of Human 239
Services or other appropriate agency. 240
SECTION 4. Section 93-9-10, Mississippi Code of 1972, is 241
amended as follows: 242
93-9-10. (1) This section establishes circumstances under 243
which a legal father may disestablish paternity and terminate a 244
child support obligation when the legal father is not the 245
biological father of the child. To disestablish paternity and 246
terminate a child support obligation, the legal father must file a 247
petition in the court having jurisdiction over the child support 248
obligation. The petition must be served on the mother or other 249
legal guardian or custodian of the child. If the Department of 250
Human Services is or has been a party to the establishment of 251
paternity or collection of child support, the Attorney General of 252
the State of Mississippi must be served with a copy of the 253
petition. The petition must include: 254
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(a) An affidavit executed by the petitioner that newly 255
discovered evidence relating to the paternity of the child has 256
come to the petitioner's knowledge since the initial paternity 257
determination. 258
(b) (i) The results of a scientific test or tests that 259
are generally acceptable to the scientific community to show a 260
probability of paternity, administered within one (1) year before 261
the filing of the petition, which results indicate that the legal 262
father is excluded as being the biological father of the child, or 263
(ii) An affidavit executed by the petitioner 264
stating that he did not have access to the child to have the 265
scientific testing performed before the filing of the petition. A 266
petitioner who files such an affidavit can request in the petition 267
that the court order the child and mother, if available, be 268
tested. 269
(2) The court shall grant relief on a petition filed in 270
accordance with subsection (1) of this section upon a finding by 271
the court of all of the following: 272
(a) Newly discovered evidence relating to the paternity 273
of the child has come to the petitioner's knowledge since the 274
initial paternity determination. 275
(b) The scientific testing required in subsection 276
(1)(b) of this section was properly conducted. 277
(c) The legal father ordered to pay child support has 278
not adopted the child. 279
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* * * 280
( * * *d) The legal father ordered to pay child support 281
did not act to prevent the biological father of the child from 282
asserting his parental rights with respect to the child. 283
(3) Notwithstanding subsection (2) of this section, a court 284
shall not set aside the paternity determination or child support 285
order if the legal father engaged in any of the following conduct: 286
(a) Married or cohabited with the mother of the child 287
and voluntarily assumed the parental obligation and duty to 288
support the child after having knowledge that he is not the 289
biological father of the child; 290
(b) Consented to be named as the biological father on 291
the child's birth certificate and signed the birth certificate 292
application or executed a simple acknowledgment of paternity and 293
failed to withdraw consent or acknowledgment within the time 294
provided for by law in Sections 93-9-9 and 93-9-28, unless he can 295
prove fraud, duress or material mistake of fact; 296
(c) Signed a stipulated agreement of paternity that has 297
been approved by order of the court; 298
(d) Signed a stipulated agreement of support that has 299
been approved by order of the court after having knowledge that he 300
is not the biological father of the child; 301
(e) Been named as the legal father or ordered to pay 302
support by valid order of the court after having declined genetic 303
testing; 304
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(f) Failed to appear for a scheduled genetic testing 305
draw pursuant to a valid court order compelling him to submit to 306
genetic testing. 307
(4) If the petitioner fails to make the requisite showing 308
required by this section, the court shall deny the petition. 309
(5) Relief granted pursuant to this section is limited to 310
the issues of prospective child support payments, past-due child 311
support payments, termination of parental rights, custody, and 312
visitation privileges as otherwise provided by law. This section 313
shall not be construed to create a cause of action to recover 314
child support paid before the filing of the petition to 315
disestablish paternity. 316
(6) The duty to pay child support and other legal 317
obligations for the child shall not be suspended while the 318
petition is pending except for good cause. However, the court may 319
order that amounts paid as child support be held by the court or 320
the Department of Human Services until final determination of 321
paternity has been made. 322
(7) The party requesting genetic testing shall pay any fees 323
associated with the testing. 324
(8) In any action brought pursuant to this section, the 325
court on its own motion, or on the motion of any party, may order 326
the biological mother and child, through the child's legal 327
guardian or custodian, to submit to genetic testing. 328
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(9) If the relief sought under this petition is not granted 329
by the court, the petitioner shall be assessed the court costs, 330
genetic testing fees and reasonable attorney's fees. 331
SECTION 5. The following shall be codified as Section 332
1-3-85, Mississippi Code of 1972: 333
1-3-85. (1) Except as provided in subsection (2) of this 334
section, the following definitions shall apply for purposes of 335
state law, notwithstanding any other state law, regulation, policy 336
or guidance to the contrary: 337
(a) "Mother" means the sole female human individual who 338
provides the ovum that is fertilized by the father to conceive a 339
child. Every child has one (1), and only one (1), mother. The 340
terms "natural mother," "biological mother" or "birth mother" 341
shall be construed as synonymous with the term "mother" as defined 342
in this paragraph (a). 343
(b) "Father" means the sole male human individual who 344
contributes the sperm that fertilizes the ovum provided by the 345
mother. Every child has one (1), and only one (1), father. The 346
terms "natural father," "biological father" or "birth father" 347
shall be construed as synonymous with the term "father" as defined 348
in this paragraph (b). 349
(c) "Parent" means a child's mother and father as 350
defined herein. A child has and shall be recognized as having by 351
nature exactly one (1) mother and one (1) father. Only one (1) 352
mother and one (1) father of the child are entitled to the 353
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fundamental and legal rights of parentage, unless their parental 354
rights have been terminated by a court of competent jurisdiction 355
as elsewhere provided by law. Except in the case of termination 356
of parental rights of the mother or father, no law, contract, 357
adoption, record or judicial order may recognize additional or 358
alternative persons as a child's mother or father contrary to 359
these definitions. The terms "natural parent" or "biological 360
parent" or "birth parent" shall be construed as synonymous with 361
the term "parent" as defined in this paragraph (c). 362
(2) The definitions of mother and father in subsection 363
(1)(a) and (b) of this section shall not be construed to alter the 364
meaning of the terms "putative father," "alleged father," 365
"responsible parent," "surrogate parent," "biological father," 366
"biological mother," "alleged parent," "legal father," "legal 367
mother," "legal parent," "adoptive mother," "adoptive father," 368
"adoptive parent," "foster father," "foster mother," "foster 369
parent" or other similar terms used in statute whenever the 370
context indicates an intention to refer to a relationship 371
different than that of mother, father, or parent as defined in 372
this subsection (1) of this section. 373
SECTION 6. The State Department of Health is authorized and 374
directed to issue rules to administer the provisions of Sections 1 375
through 5 of this act. 376
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ST: Acknowledgment of matrimony & paternity;
revise related provisions, define certain terms
& recognize a fundamental right of a parent.
SECTION 7. (1) The liberty of a parent to direct the 377
upbringing, education, health care and mental health of that 378
parent's child is a fundamental right. 379
(2) This state, any political subdivision of this state or 380
any other governmental entity shall not substantially burden the 381
fundamental right of a parent to direct the upbringing, education, 382
health care and mental health of that parent's child without 383
demonstrating that the burden is required by a compelling 384
governmental interest of the highest order as applied to the 385
parent and the child and is the least restrictive means of 386
furthering that compelling governmental interest. 387
SECTION 8. This act shall take effect and be in force from 388
and after July 1, 2026. 389