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Bill > HB1337


MS HB1337

MS HB1337
Adoption of adults; clarify authorization for.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/13/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Amend Section 93-17-1, Mississippi Code Of 1972, To Authorize Adult Adoptions In Chancery Court; To Amend Section 93-17-3, Mississippi Code Of 1972, To Conform To Adult Adoption Authorization; To Amend Section 93-17-5, Mississippi Code Of 1972, To Authorize Investigation By Guardian Ad Litem Or Conservator For Disabled Adults; To Bring Forward Sections 93-17-11, 93-17-21, 93-17-27, 93-17-29 And 93-17-31, Mississippi Code Of 1972, Which Provide Procedures For Adoption, For Purposes Of Amendment; And For Related Purposes.

AI Summary

This bill clarifies and expands Mississippi's legal framework for adult adoptions by modifying several sections of the state's existing adoption laws. The bill allows adults to be adopted under two primary conditions: either the adult consents in writing to the adoption or the adult is determined to have an intellectual disability. For consenting adults, many of the standard adoption procedures like home studies and investigations are waived, simplifying the process. When an adopted adult has been adjudicated incompetent, the consent of their guardian or conservator is required. If no guardian exists and the court believes the adult may be unable to provide informed consent, a guardian ad litem will be appointed to investigate the circumstances and either provide or withhold consent. The guardian ad litem must file a written report explaining their decision, and the court can override the guardian's decision if it finds clear and convincing evidence that withholding consent is not in the best interest of the incompetent adult. The bill also updates various sections of Mississippi's adoption code to accommodate adult adoptions, ensuring that the legal language and procedures reflect the possibility of adopting adults alongside children. The changes will take effect on July 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Died On Calendar (on 02/13/2025)

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