Miss. Code § 93-17-307

Current through the 2024 Regular Session

Section 93-17-307 - Forms

The petition shall be accompanied by the documentation indicated on the forms. The petition and order shall be in substantially the following form unless the Supreme Court adopts a rule setting forth a different form:

(a)Form for petition; verification by parents.

IN THE CHANCERY COURT OF ____________________ COUNTY, MISSISSIPPI IN RE: FOREIGN ADOPTION OF ____________________ FILE NO. ____________________

PETITION TO REGISTER FOREIGN ADOPTION

1. Petitioner(s), the Adopting Parent(s) of the above-named adopted child, is/are ____________________.

2. Petitioner(s) reside(s) in ____________________ County, Mississippi, at

____________________

(Street Address)

____________________

(City, State, Zip)

3. Has any other court in this or any other state reviewed, registered, finalized or otherwise assumed jurisdiction over the foreign adoption decree being registered here:

(circle one) Yes No

If yes, please provide the name of the court, the state and county, what was previously presented to the court and the resulting decision from the court: (Attach all court decrees)

____________________

4. The full name of the adopted child at birth as listed on the foreign birth certificate, if available, was

____________________

5. The full name of the adopted child as written on the foreign adoption decree is ____________________.

6. The full name of the adopted child as he or she is to be known from this time forward is

____________________

7. The date of birth of the adopted child is ____________________.

8. The date of the foreign adoption decree is ____________________.

9. The type of United States visa issued to the adopted child is:

(circle one) IR-2, IR-3, IH-3, IR-4, IH-4

10. The following documents are attached to this Petition:

a. Copy of child's birth certificate or other birth identification issued by country of birth; or if none, an affidavit of parent(s) stating why none is available.

b. The original documents related to the foreign adoption certified by the United States Embassy abroad and English translation certified by the translator to be correct.

c. Copy of adopted child's United States visa.

d. Copy of home study.

e. A copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of the child's United States passport, or both, if either or both documents are available.

f. A valid government-issued picture identification of parent or parents, such as a passport or driver's license.

g. Proof of residency of the parent or parents in the State of Mississippi.

h. The social security card of the child.

WHEREFORE, Petitioner(s) request(s) that this Court enter its Order authorizing the registration and docketing of the attached Foreign Adoption Decree with the clerk of the court and decreeing

that ____________________

(Name of child as written on Foreign Adoption Decree)

shall henceforth be known as ____________________

(Child's name from this time forward)

____________________

and shall have all the rights of a child and heir of the Petitioner(s).

____________________

Signature of Adopting Parent [FN1]

____________________

Signature of Adopting Parent

____________________

Daytime telephone no. for Adopting Parent(s)

____________________

[FN1] When there are two (2) adopting parents, both must sign.

VERIFICATION TO PETITION TO REGISTER FOREIGN ADOPTION

I/We, ____________________, verify that I/we am/are the Petitioner(s) named in the foregoing Petition, that I/we have read and understand the information set forth in the Instructions to the Petition to Register Foreign Adoption Decree, and that the facts set forth in the foregoing Petition are true and correct to the best of my/our knowledge, information and belief. I/We further verify that all documents attached to this Petition are true and correct copies of the originals. I/We understand that false statements made herein are subject to the penalties for perjury.

Date: ____________________

Signature of Adopting Parent

(b)Form of Order.

(i) Order of adoption.

IN THE CHANCERY COURT OF ____________________ COUNTY, MISSISSIPPI

IN RE: FOREIGN ADOPTION OF ____________________ ADOPTION NO. ____________________

ORDER

It is hereby ORDERED and DECREED that the Petition to Register Foreign Adoption of:

____________________

(Adopting Parent(s))

is GRANTED and that this Court authorizes the registration and docketing of the Foreign Adoption Decree entered on

____________________ (Date of Foreign Adoption Decree)

by ____________________ (Name of Foreign Court)

in ____________________ (Foreign Country).

It is FURTHER ORDERED and DECREED that the above Foreign Adoption Decree shall be enforceable as if this Court had entered the Decree and that henceforth this child

____________________

(Name of child as written on Foreign Adoption Decree)

shall be known as

____________________

(Child's name from this time forward)

and shall have all the rights of a child and heir of

____________________

(Adopting Parent(s))

Ordered this the ____________________ day of ____________________, 20____________________.

____________________

Chancellor

(ii) Order denying adoption.

IN THE CHANCERY COURT OF ____________________ COUNTY, MISSISSIPPI

IN RE: FOREIGN ADOPTION OF ____________________ ADOPTION NO. ____________________

ORDER

It is hereby ORDERED and DECREED that the Petition to Register Foreign Adoption of:

____________________

(Adopting Parent(s))

____________________ to Register Foreign Adoption Decree is DENIED but that Petitioners may proceed with an adoption pursuant to Mississippi law without paying any additional filing fee.

Ordered this the ____________________ day of ____________________, 20____________________.

____________________

Chancellor

(c)Instructions.

INSTRUCTIONS FOR FILING PETITION TO REGISTER FOREIGN ADOPTION DECREE

When a child is adopted in conformity with the laws of a foreign country, the adopting parent(s) may register the foreign adoption and obtain a Mississippi adoption decree so that a Mississippi birth certificate can be obtained.

Adopting parent(s) seeking to register the foreign adoption must:

1. Complete, sign and date the Petition to Register Foreign Adoption including Verification. If a foreign adoption decree shows that there are two (2) adopting parents, both parents must execute the Petition to Register Foreign Adoption and verification thereof.

2. Attach the following documents to the Petition:

* A copy of the Foreign Adoption Decree;

* A copy of the child's foreign birth certificate. If no birth certificate was issued, a copy of any other birth identification issued by the country of birth should be attached. If no birth certificate or birth identification can be obtained, an Affidavit stating the reason should be submitted;

* A copy of the child's United States visa;

* An English translation of all documents not in English, with a verification by the translator that all translations are true and correct;

* A copy of the home studies.

* If available, a copy of the child's Certificate of Citizenship (U.S. Government Form N-560) or a copy of the child's U.S. passport, or both.

3. The Petition to Register with the attachments should be filed with the chancery court in the county in which the adopting parent(s) reside(s). A filing fee for the adoption will be charged in accordance with the fee schedule of the chancery court.

After the Petition to Register is filed, it will be submitted to the Court for review. If the Petition to Register and accompanying documents establish that the foreign adoption of the child is full and final, the Court will enter its order directing the registration of the Foreign Adoption Decree. The chancery clerk will then issue an order of adoption to which will be attached a copy of U.S. Government Form N-560 and/or a copy of the child's United States passport if those items are in the court file for the Petitioner to submit to the Department of Health, Bureau of Vital Records, in order to obtain a birth certificate.

If the Court cannot determine that the foreign adoption is full and final, it will enter its order denying the Petition. In that case, it will be necessary to proceed under Title 93, Chapter 17, applying to adoptions generally without payment of an additional filing fee.

A foreign adoption may not be a full and final adoption eligible for registration if the child has an IH-4 or IR-4 United States visa, in which case it will be necessary to proceed under Mississippi general adoption law because the adoption of the foreign-born child was not finalized in the country of the child's birth.

Only one (1) state court, whether in this or another state, should exercise jurisdiction over the registration of the foreign adoption or the completion of the adoption initiated in the native country of the foreign-born child. Thus, if the adoption has been finalized or the foreign adoption decree has been registered in another state court or in another court within this state, the adopting parent(s) need not and should not proceed under this article. In similar fashion, if the adoption of the foreign-born child has been finalized in this state, and thereafter, another petitioner seeks to adopt this child, the subsequent proceeding will be a standard proceeding under the applicable provisions of this chapter. Such a situation could occur when the child is to be adopted by a stepparent after divorce or death of the original adopting parent(s), or when, after termination of parental rights, the child is to be adopted by different adopting parent(s).

Miss. Code § 93-17-307

Added by Laws, 2014, ch. 385, SB 2180, 7, eff. 7/1/2014.