Parental Rights
Mississippi
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
No |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
Yes |
What parental rights can be terminated or limited? |
Terminated: “Parental Rights” of Custody; Visitation |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
N/A |
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim must petition the court |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Victim must show by cear and convincing Evidence that an unlawful sexual act as defined under Section 97-3-65 or 97-3-95, or under a similar law of another state, territory, possession or Native American tribe where the offense occurred, and that the child was conceived as a result of the unlawful sexual act. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes |
Does the law have any exceptions for married or co-habitating victims? |
No |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
N/A |
Statutory Citations |
See, § 93-15-119. Grounds For Involuntary Termination Of Parental Rights; Standard Of Proof; Rebuttal Of Allegations Of Desertion; Inquiry As To Military Status |