Bill Text: MS SB2750 | 2026 | Regular Session | Introduced
Bill Title: Acknowledgment of matrimony & paternity; revise related provisions, define certain terms & recognize a fundamental right of a parent.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2750 Detail]
Download: Mississippi-2026-SB2750-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division A
By: Senator(s) Hill
Senate Bill 2750
AN ACT TO AMEND SECTION 41-57-14, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON THE BIRTH OF A CHILD, THE HOSPITAL, BIRTHING CENTER, MIDWIFE OR OTHER BIRTH ATTENDANT SHALL PROVIDE AN OPPORTUNITY FOR THE CHILD'S MOTHER TO COMPLETE AN ACKNOWLEDGEMENT OF MATRIMONY AND PATERNITY, STATING WHETHER SHE IS MARRIED TO THE CHILD'S NATURAL FATHER, MARRIED TO SOMEONE OTHER THAN THE CHILD'S NATURAL FATHER OR UNMARRIED; TO PROVIDE THAT IF AT THE TIME OF THE BIRTH, THE CHILD'S MOTHER ACKNOWLEDGES THAT THE CHILD IS BORN OUT OF LAWFUL MATRIMONY OR IF THE RESULTS OF SCIENTIFIC TESTS INDICATE THAT THE HUSBAND OF THE CHILD'S MOTHER, IF SHE IS MARRIED, IS NOT THE BIOLOGICAL FATHER OF THE CHILD, THAT THE CHILD'S MOTHER AND NATURAL FATHER, IF PRESENT AND IDENTIFIABLE, SHALL BE PROVIDED AN OPPORTUNITY TO COMPLETE AN ACKNOWLEDGMENT OF PATERNITY AS SPECIFIED IN SECTION 93-9-28(4); TO AMEND SECTION 41-57-23, MISSISSIPPI CODE OF 1972, TO MIRROR EXISTING STATUTORY LANGUAGE REGARDING A CHILD BORN OUT OF LAWFUL MATRIMONY; TO AMEND SECTION 93-9-28, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 93-9-10, MISSISSIPPI CODE OF 1972, TO DELETE A NECESSARY FINDING TO BE GRANTED RELIEF IN A PETITION FOR DISESTABLISHMENT OF PATERNITY THAT THE CHILD WAS NOT CONCEIVED BY ARTIFICIAL INSEMINATION WHILE THE LEGAL FATHER ORDERED TO PAY SUPPORT AND THE CHILD'S MOTHER WERE MARRIED; TO CREATE NEW SECTION 1-3-85, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "MOTHER," "FATHER" AND "PARENT"; TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ISSUE RULES; TO PROVIDE THAT THE LIBERTY OF A PARENT TO DIRECT THE UPBRINGING, EDUCATION, HEALTH CARE AND MENTAL HEALTH OF THAT PARENT'S CHILD IS A FUNDAMENTAL RIGHT AND THAT NEITHER THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE NOR ANY OTHER GOVERNMENTAL ENTITY MAY SUBSTANTIALLY BURDEN SUCH RIGHT WITHOUT DEMONSTRATING THAT THE BURDEN IS REQUIRED BY A COMPELLING GOVERNMENTAL INTEREST OF THE HIGHEST ORDER AND IS THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT COMPELLING GOVERNMENTAL INTEREST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-57-14, Mississippi Code of 1972, is amended as follows:
41-57-14. (1) Upon the
birth of a child, the hospital, birthing center, midwife or other birth
attendant shall provide an opportunity for the child's mother to complete an
acknowledgement of matrimony and paternity, stating whether she is married to
the child's natural father, married to someone other than the child's natural
father or unmarried. Except as provided in subsection (3) of this section,
if the mother was married at the time of either conception or birth, or at any
time between conception and birth, the name of the husband shall be entered on
the certificate of birth as the father of the child. The social security
number of each parent of a child born within this state shall be furnished to
the local registrar of vital records at the time of filing the certificate of
birth, but such information shall not appear on the portion of the certificate
to be issued as a certified copy. Such information shall be sent to the Office
of Vital Records Registration of the State Department of Health along with the
certificate of birth and shall be retained by the office. The information
shall not be disclosed to any person except as authorized by * * * subsection (2) of this
section or as allowed by Section 41-57-2.
(2) The Office of Vital
Records Registration shall make available to the Division of Child Support
Enforcement of the Mississippi Department of Human Services information
concerning the names and social security numbers of the parents obtained under
the requirements of * * * subsection (1) of this section for the use
in establishing paternity or enforcing child support obligations. Information
obtained by the Division of Child Support Enforcement under this section may be
used in any action or proceeding before any court, administrative tribunal, or
other proceeding for the purpose of establishing paternity, establishing a
child support obligation, collecting child support or locating persons owing
such an obligation.
(3) If at the time of the birth, the child's mother acknowledges that the child is born out of lawful matrimony as defined in Section 93-9-7, or if the hospital, birthing center, midwife or other birth attendant is presented with the results of a scientific test or tests that are generally acceptable to the scientific community to show a probability of paternity, and the results indicate that the husband of the child's mother, if she is married, is excluded as being the biological father of the child, the hospital, birthing center, midwife or other birth attendant shall provide an opportunity for the child's mother and natural father, if present and identifiable, to complete an acknowledgement of paternity as specified in Section 93-9-28(4).
SECTION 2. Section 41-57-23, Mississippi Code of 1972, is amended as follows:
41-57-23. (1) Any petition, bill of complaint or other proceeding filed in the chancery court to: (a) change the date of birth by two (2) or more days, (b) change the surname of a child, (c) change the surname of either or both parents, (d) change the birthplace of the child because of an error or omission of such information as originally recorded, or (e) make any changes or additions to a birth certificate resulting from a legitimation, filiation or any changes not specifically authorized elsewhere by statute, shall be filed in the county of residence of the petitioner or filed in any chancery court district of the state if the petitioner be a nonresident petitioner. In all such proceedings, the State Board of Health shall be made a respondent therein, and a certified copy of the petition, bill of complaint or other proceeding shall be forwarded to the State Board of Health. Process may be served upon the State Registrar of Vital Records. The State Board of Health shall file an answer to all such proceedings within the time as provided by general law. The provisions of this section shall not apply to adoption proceedings. Upon receipt of a certified copy of a decree, which authorizes and directs the State Board of Health to alter the certificate, it shall comply with all of the provisions of such decree.
(2) (a) If a petition, bill of complaint or other proceeding is filed in the Tribal Court of the Mississippi Band of Choctaw Indians for any of the purposes described in paragraphs (a) through (e) of subsection (1) with regard to the birth certificate of a person of Mississippi Choctaw descent, the tribal court shall have the same authority as the chancery court would have to make any of those changes described in those paragraphs in subsection (1), and the State Board of Health shall comply with a decree from the tribal court in the same manner as if the decree was issued by the chancery court. In all those proceedings in the tribal court, the State Board of Health shall be made a respondent therein, and a certified copy of the petition, bill of complaint or other proceeding shall be forwarded to the State Board of Health.
(b) The Tribal Court of the Mississippi Band of Choctaw Indians is not the exclusive venue for making changes to the birth certificates of persons of Mississippi Choctaw descent, and changes to the birth certificates of persons of Mississippi Choctaw descent may also be made in proceedings in the chancery court.
(c) Nothing in this subsection shall be construed to enlarge the subject matter jurisdiction of the Tribal Court of the Mississippi Band of Choctaw Indians.
(3) If a child is born * * * out of
lawful matrimony as defined in Section 93-9-7, and the natural father
acknowledges paternity, the name of the father shall be added to the birth
certificate if a notarized affidavit by both parents acknowledging paternity is
received on the form prescribed or as provided in Section 93-9-9. The surname
of the child shall be that of the father except that an affidavit filed at
birth by both listed mother and father may alter this rule. In the event the
mother was married at the time of conception or birth, or at any time between
conception and birth, or if a father is already listed on the birth
certificate, action must be taken under Section 41-57-23(1) to add or change
the name of the father.
(4) (a) A signed voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(i) One (1) year; or
(ii) The date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
(b) After the expiration of the one-year period specified in paragraph (a)(i) of this subsection, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger; the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the pendency of the challenge, except for good cause shown.
SECTION 3. Section 93-9-28, Mississippi Code of 1972, is amended as follows:
93-9-28. (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 Mississippi out of lawful matrimony as
defined in Section 93-9-7. The form shall clearly state on its face that
the execution of the acknowledgement of paternity shall result in the same
legal effect as if the father and mother had been married at the time of the
birth of the child. The form shall also clearly indicate the right of the
alleged father to request genetic testing through the Department of Human
Services within the one-year time period specified in subsection (2)(a)(i) of
this section and shall state the adverse effects and ramifications of not
availing himself of this one-time opportunity to definitively establish the
paternity of the child. When such form has been completed according to the
established procedure and the signatures of both the mother and father have
been notarized, then such voluntary acknowledgement shall constitute a full
determination of the legal parentage of the child. The completed voluntary
acknowledgement of paternity shall be filed with the Bureau of Vital Statistics
of the Mississippi State Department of Health. The name of the father shall be
entered on the certificate of birth upon receipt of the completed voluntary
acknowledgement.
(2) (a) A signed voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(i) One (1) year; or
(ii) The date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
(b) After the expiration of the one-year period specified in subsection (2)(a)(i) of this section, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger; the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the pendency of the challenge, except for good cause shown.
(c) During the one-year time period specified in subsection (2)(a)(i) of this section, the alleged father may request genetic testing through the Department of Human Services in accordance with the provisions of Section 93-9-21.
(d) The one-year time limit, specified in subsection (2)(a)(i) of this section, for the right of the alleged father to rescind the signed voluntary acknowledgement of paternity shall be tolled from the date the alleged father files his formal application for genetic testing with the Department of Human Services until the date the test results are revealed to the alleged father by the department. After the one-year time period has expired, not including any period of time tolled for the purpose of acquiring genetic testing through the department, the provisions of subsection (2)(b) of this section shall apply.
(3) The Mississippi State
Department of Health and the Mississippi Department of Human Services shall
cooperate to establish procedures to facilitate the voluntary acknowledgement
of paternity by both father and mother at the time of the birth of any child
born out of * * *
lawful matrimony as defined in Section 93-9-7. Such procedures shall
establish responsibilities for each of the departments and for hospitals,
birthing centers, midwives, and/or other birth attendants to seek and report
voluntary acknowledgements of paternity. In establishing such procedures, the
departments shall provide for obtaining the social security account numbers of
both the father and mother on voluntary acknowledgements.
(4) Upon the birth of a
child out of * * *
lawful matrimony as defined in Section 93-9-7,
the hospital, birthing center, midwife or other birth attendant shall provide
an opportunity for the child's mother and natural father to complete an acknowledgement
of paternity by giving the mother and natural father the appropriate forms and
information developed through the procedures established in subsection (3).
The hospital, birthing center, midwife or other birth attendant shall be
responsible for providing printed information, and audio visual material if
available, related to the acknowledgement of paternity, and shall be required
to provide notary services needed for the completion of acknowledgements of
paternity. The information described above shall be provided to the mother and
natural father, if present and identifiable, within twenty-four (24) hours of
birth or before the mother is released. Such information, including forms,
brochures, pamphlets, video tapes and other media, shall be provided at no cost
to the hospital, birthing center or midwife by the Mississippi State Department
of Health, the Department of Human Services or other appropriate agency.
SECTION 4. Section 93-9-10, Mississippi Code of 1972, is amended as follows:
93-9-10. (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 father must file a petition in the court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the Department of Human Services is or has been a party to the establishment of paternity or collection of child support, the Attorney General of the State of Mississippi must be served with a copy of the petition. The petition must include:
(a) An affidavit executed by the petitioner that newly discovered evidence relating to the paternity of the child has come to the petitioner's knowledge since the initial paternity determination.
(b) (i) The results of a scientific test or tests that are generally acceptable to the scientific community to show a probability of paternity, administered within one (1) year before the filing of the petition, which results indicate that the legal father is excluded as being the biological father of the child, or (ii) An affidavit executed by the petitioner stating that he did not have access to the child to have the scientific testing performed before the filing of the petition. A petitioner who files such an affidavit can request in the petition that the court order the child and mother, if available, be tested.
(2) The court shall grant relief on a petition filed in accordance with subsection (1) of this section upon a finding by the court of all of the following:
(a) Newly discovered evidence relating to the paternity of the child has come to the petitioner's knowledge since the initial paternity determination.
(b) The scientific testing required in subsection (1)(b) of this section was properly conducted.
(c) The legal father ordered to pay child support has not adopted the child.
* * *
( * * *d) The legal father ordered to pay
child support did not act to prevent the biological father of the child from
asserting his parental rights with respect to the child.
(3) Notwithstanding subsection (2) of this section, a court shall not set aside the paternity determination or child support order if the legal father engaged in any of the following conduct:
(a) Married or cohabited with the mother of the child and voluntarily assumed the parental obligation and duty to support the child after having knowledge that he is not the biological father of the child;
(b) Consented to be named as the biological father on the child's birth certificate and signed the birth certificate application or executed a simple acknowledgment of paternity and failed to withdraw consent or acknowledgment within the time provided for by law in Sections 93-9-9 and 93-9-28, unless he can prove fraud, duress or material mistake of fact;
(c) Signed a stipulated agreement of paternity that has been approved by order of the court;
(d) Signed a stipulated agreement of support that has been approved by order of the court after having knowledge that he is not the biological father of the child;
(e) Been named as the legal father or ordered to pay support by valid order of the court after having declined genetic testing;
(f) Failed to appear for a scheduled genetic testing draw pursuant to a valid court order compelling him to submit to genetic testing.
(4) If the petitioner fails to make the requisite showing required by this section, the court shall deny the petition.
(5) Relief granted pursuant to this section is limited to the issues of prospective child support payments, past-due child support payments, termination of parental rights, custody, and visitation privileges as otherwise provided by law. This section shall not be construed to create a cause of action to recover child support paid before the filing of the petition to disestablish paternity.
(6) The duty to pay child support and other legal obligations for the child shall not be suspended while the petition is pending except for good cause. However, the court may order that amounts paid as child support be held by the court or the Department of Human Services until final determination of paternity has been made.
(7) The party requesting genetic testing shall pay any fees associated with the testing.
(8) In any action brought pursuant to this section, the court on its own motion, or on the motion of any party, may order the biological mother and child, through the child's legal guardian or custodian, to submit to genetic testing.
(9) If the relief sought under this petition is not granted by the court, the petitioner shall be assessed the court costs, genetic testing fees and reasonable attorney's fees.
SECTION 5. The following shall be codified as Section 1-3-85, Mississippi Code of 1972:
1-3-85. (1) Except as provided in subsection (2) of this section, the following definitions shall apply for purposes of state law, notwithstanding any other state law, regulation, policy or guidance to the contrary:
(a) "Mother" means the sole female human individual who provides the ovum that is fertilized by the father to conceive a child. Every child has one (1), and only one (1), mother. The terms "natural mother," "biological mother" or "birth mother" shall be construed as synonymous with the term "mother" as defined in this paragraph (a).
(b) "Father" means the sole male human individual who contributes the sperm that fertilizes the ovum provided by the mother. Every child has one (1), and only one (1), father. The terms "natural father," "biological father" or "birth father" shall be construed as synonymous with the term "father" as defined in this paragraph (b).
(c) "Parent" means a child's mother and father as defined herein. A child has and shall be recognized as having by nature exactly one (1) mother and one (1) father. Only one (1) mother and one (1) father of the child are entitled to the fundamental and legal rights of parentage, unless their parental rights have been terminated by a court of competent jurisdiction as elsewhere provided by law. Except in the case of termination of parental rights of the mother or father, no law, contract, adoption, record or judicial order may recognize additional or alternative persons as a child's mother or father contrary to these definitions. The terms "natural parent" or "biological parent" or "birth parent" shall be construed as synonymous with the term "parent" as defined in this paragraph (c).
(2) The definitions of mother and father in subsection (1)(a) and (b) of this section shall not be construed to alter the meaning of the terms "putative father," "alleged father," "responsible parent," "surrogate parent," "biological father," "biological mother," "alleged parent," "legal father," "legal mother," "legal parent," "adoptive mother," "adoptive father," "adoptive parent," "foster father," "foster mother," "foster parent" or other similar terms used in statute whenever the context indicates an intention to refer to a relationship different than that of mother, father, or parent as defined in this subsection (1) of this section.
SECTION 6. The State Department of Health is authorized and directed to issue rules to administer the provisions of Sections 1 through 5 of this act.
SECTION 7. (1) The liberty of a parent to direct the upbringing, education, health care and mental health of that parent's child is a fundamental right.
(2) This state, any political subdivision of this state or any other governmental entity shall not substantially burden the fundamental right of a parent to direct the upbringing, education, health care and mental health of that parent's child without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest.
SECTION 8. This act shall take effect and be in force from and after July 1, 2026.
