Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 5 - Office of Health Informatics
Subpart 85 - Public Health Statistics
Chapter 3 - Registration of Live Births
Subchapter 17 - Legitimation by Marriage and Affidavit of Natural Parents
Rule 15-5-85-3.17.1

Current through September 24, 2024

1. The affidavit of the natural parents of an illegitimate child, submitted with proof of marriage between the parties, shall result in the addition of the father's name, race, age at time of birth or date of birth, and state of birth to the child's birth certificate, and change the child's surname to that of the father, provided that no father is listed on the certificate on file. If another man is named as father on the birth certificate, this name may only be changed pursuant to an order from a chancery court, or the Chancellor in vacation of the county of residence of the petitioner, or any chancery district of the state if the petitioner is a nonresident. When the natural parents were married prior to the birth of the child, but the father's information was not contained on the filed certificate, the affidavit shall correct the omission of the father's information. Signatories in this case cannot rescind the acknowledgement and any action to remove the father shall be by Chancery court order.

2. When the natural parents marry after the birth of the child, the affidavit amends the birth record by providing the father's information and changing the surname of the child to that of the father. In this case a signatory can rescind the acknowledgement in accordance with Rule 3.18.2 of this subpart.

Miss. Code Ann. § 41-57-1; Miss. Code Ann. § 41-57-7; Miss. Code Ann. § 93-17-1(2)

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