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Mississippi Statutes, Title 93

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Mississippi/Statutes

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Title 93, Domestic Relations

21 chapters · 466 sections in this title.

All chapters in Title 93466 Ch 20, Guardianship and Conservatorship83 Ch 25, Uniform Interstate Family Support Act78 Ch 17, Adoption, Change of Name, and Legiti…50 Ch 27, Uniform Child Custody Jurisdiction a…40 Ch 21, Protection from Domestic Abuse38 Ch 9, Parentage31 Ch 5, Divorce and Alimony22 Ch 11, Enforcement of Support of Dependents22 Ch 14, Uniform Adult Guardianship and Prote…20 Ch 15, Mississippi Termination of Parental …18 Ch 1, Marriage12 Ch 29, Uniform Child Abduction Prevention Act12 Ch 19, Removal of Disability of Minority9 Ch 22, Uniform Interstate Enforcement of Do…9

31 sections·Filtered byTitle 93✕Ch 9✕

Miss. Code Ann. § 93-9-1 Short title
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Sections 93-9-1 through 93-9-49 may be cited as the “Mississippi Uniform Law on Paternity.”
Miss. Code Ann. § 93-9-10 Disestablishment of paternity
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(1) This section establishes circumstances under which a legal father may disestablish paternity and terminate a child support obligation when the legal father is not the biological father of the child. To disestablish paternity and terminate a child support obligation, the legal…
Miss. Code Ann. § 93-9-11 Limitation on recovery from father
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The father’s liabilities for past education and necessary support and maintenance and other expenses are limited to a period of one (1) year next preceding the commencement of an action.
Miss. Code Ann. § 93-9-13 Limitation on recovery from father’s estate
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The obligation of the estate of the father for liabilities under Section 93-9-7 is limited to amounts accrued prior to his death. However, in order to hold the estate of the father liable under Section 93-9-7, the action must be filed within one (1) year after the death of the fa…

Miss. Code Ann. § 93-9-15 Jurisdiction and remedies; right to trial by jury

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The county court, the circuit court, or the chancery court has jurisdiction of an action under Sections 93-9-1 through 93-9-49, and all remedies for the enforcement of orders awarding custody or for expenses of pregnancy and confinement for a wife, or for education, necessary sup…

Miss. Code Ann. § 93-9-17 Venue

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(1) An action under Sections 93-9-1 through 93-9-49 may be brought in the county where the alleged father is present or has property; or in the county where the mother resides; or in the county where the child resides. However, if the alleged father resides or is domiciled in thi…

Miss. Code Ann. § 93-9-19 Time of trial; perpetuation of testimony

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If the issue of paternity is raised in an action commenced during the pregnancy of the mother, the trial shall not, without the consent of the alleged father, be held until after the birth or miscarriage, but during such delay testimony may be perpetuated according to the laws of…

Miss. Code Ann. § 93-9-21 Blood tests and other tests; enforcement of order to submit; notice of witnesses testifying as to sexual intercourse with mother

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(1) (a) In all cases brought pursuant to Title IV-D of the Social Security Act, upon written declarations of the mother, putative father, or the Department of Human Services made under penalty of perjury to the best of his or her knowledge, information and belief alleging paterni…

Miss. Code Ann. § 93-9-23 Blood tests and other tests; appointment of experts; affidavits of experts; challenging test results

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(1) Genetic testing shall be made by experts qualified as examiners of genetic tests who shall be appointed by the court pursuant to Section 93-9-21(5). The expert shall attach to the report of the test results an affidavit stating in substance: (a) that the affiant has been appo…

Miss. Code Ann. § 93-9-25 Blood tests and other tests; costs; compensation of experts

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The costs of the blood or other tests required by the court and the compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions …

Miss. Code Ann. § 93-9-27 Blood tests; effect of test results; no right to jury trial in paternity proceedings

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(1) If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If an expert concludes that the blood or other t…

Miss. Code Ann. § 93-9-28 Procedures for voluntary acknowledgement of paternity

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(1) The Mississippi State Department of Health in cooperation with the Mississippi Department of Human Services shall develop a form and procedure which may be used to secure a voluntary acknowledgement of paternity from the mother and father of any child born out of wedlock in M…

Miss. Code Ann. § 93-9-29 Order

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(1) If the finding be against the defendant, the court shall make an order of filiation, declaring paternity and for the support and education of the child. (2) The order of filiation shall specify the sum to be paid weekly or otherwise. In addition to providing for the support a…

Miss. Code Ann. § 93-9-3 Construction

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Nothing herein contained shall be construed as abridging the power and jurisdiction of the chancery courts of the State of Mississippi, exercised over the estates of minors, nor as an abridgment of the power and authority of said chancery courts or the chancellor in vacation or c…

Miss. Code Ann. § 93-9-30 Full faith and credit to foreign paternity determinations

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In any proceeding in Mississippi, either before a court or administrative tribunal, wherein the question of paternity may arise, and a determination or adjudication of paternity has been made through either a voluntary acknowledgement procedure, an administrative determination or…

Miss. Code Ann. § 93-9-31 Security; commitment; probation

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(1) The court shall, if need be, require the father to give security by bond or other security, with sufficient sureties approved by the court, for the payment of the order of filiation. Such security, when required, shall not exceed three (3) times the total periodic sum the fat…

Miss. Code Ann. § 93-9-33 Commitment for contempt

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The court also has power, on default as aforesaid, to adjudge the father in contempt and to order him committed to jail in the same manner and with the same powers as in case of commitment for default in giving security. The commitment of the father shall not operate to stay exec…

Miss. Code Ann. § 93-9-35 Support by mother

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(1) If a mother of a natural child be possessed of property and shall fail to support and educate her child, the court having jurisdiction, on the application of the guardian or next friend of the child or, if the child shall receive Temporary Assistance for Needy Families (TANF)…

Miss. Code Ann. § 93-9-37 False declaration of identity

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The making of a false complaint as to the identity of the father, or the aiding or abetting therein, shall be punishable as for perjury.

Miss. Code Ann. § 93-9-39 Probation

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Upon a failure to give security as provided herein, the court, instead of imposing sentence or of committing the father or mother to jail, or as a condition of his or her release from jail, may place him or her on probation, upon such terms as to payment of support to or on behal…

Miss. Code Ann. § 93-9-41 Appeals

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An appeal in all cases may be taken by the defendant, a guardian ad litem appointed by the court for the child, the mother or her personal representative, or the public welfare official, from any final order or judgment of any court having jurisdiction of filiation proceedings, a…

Miss. Code Ann. § 93-9-43 Prosecuting official

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It shall be the duty of the county attorney, in counties having a county attorney, (in the county in which the complaint is made) to prosecute all cases relating to natural children where the complainant is a state or county public welfare official. He shall receive as compensati…

Miss. Code Ann. § 93-9-45 Costs

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If the court makes an order of filiation, declaring paternity and for the support and maintenance, and education of the child, court costs, including the cost of the legal services of the attorney representing the petitioner, expert witness fees, the court clerk, sheriff and othe…

Miss. Code Ann. § 93-9-47 No explicit reference to illegitimacy to appear in certain records

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In all records, certificates or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out …

Miss. Code Ann. § 93-9-49 Settlement agreements

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An agreement of settlement with the alleged father is binding only when approved by the court.

Miss. Code Ann. § 93-9-5 Application of Uniform Law on Paternity

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Sections 93-9-1 through 93-9-49 apply to all cases of birth out of lawful matrimony as defined in Section 93-9-7.

Miss. Code Ann. § 93-9-7 Obligations of father

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The father of a child which is or may be born out of lawful matrimony is liable to the same extent as the father of a child born of lawful matrimony, whether or not the child is born alive, for the reasonable expense of the mother’s pregnancy and confinement, and for the educatio…

Miss. Code Ann. § 93-9-71 Death of mother; effect on paternity proceeding

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The death of the mother shall not abate the paternity prosecution, if the child be living; but a suggestion of the fact shall be made, and the name of the child substituted in the proceedings for that of the mother, and a guardian ad litem shall be appointed by the court to prose…

Miss. Code Ann. § 93-9-73 Dying declarations of mother

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In all proceedings to determine the parentage of a child when the mother is dead, her declarations in her travail, proved to be her dying declarations, may, on the trial of the case, be received in evidence.

Miss. Code Ann. § 93-9-75 Death of child; effect on paternity proceeding

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The death of the child, if the mother be living and unmarried, shall not be cause of abatement or bar to any suit brought under this chapter; but the court trying the same shall, on conviction, give judgment for such sum as shall be deemed just.

Miss. Code Ann. § 93-9-9 Enforcement; attorney’s fees and costs; surname of child; request for genetic testing by alleged father; tolling of one-year time limit to rescind voluntary acknowledgement of paternity

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(1) Paternity may be determined upon the petition of the mother, or father, the child or any public authority chargeable by law with the support of the child; provided that such an adjudication after the death of the defendant must be made only upon clear and convincing evidence.…