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 3 - Paternity and Name of Child
Rule 15-5-85-3.3.2

1. Mother married. 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, unless paternity has been determined and the natural father otherwise named by a court of competent jurisdiction.

2. Mother not married; no acknowledged father. If the mother was not married at the time of either conception or birth, or at any time between conception and birth, and there is no Acknowledgement of Paternity affidavit filed and no determination of paternity by a court of competent jurisdiction, the name of the father shall not be entered on the certificate of birth.

3. Mother not married; acknowledged father. If the mother was not married at the time of conception or birth, or at any time between conception and birth, and the natural father acknowledges such paternity, the name of the father shall be entered on the certificate. Such acknowledgement of paternity shall be made by affidavit of both mother and father on the form prescribed by the Department of Health and filed with the Office of Vital Records. (The Acknowledgement of Paternity affidavit may be rescinded under Rule 3.3.4 - Rescission of acknowledgement of paternity, or superseded by court order. Once a rescission has been filed the father's information will be removed from the birth certificate and the surname of the child will be changed to the legal name of the mother at the time of birth.)

4. Court-determined paternity. A petition, bill of complaint, or other proceeding filed in a court of competent jurisdiction may result in a determination of paternity. The name of the father as determined by said court shall be entered on the birth certificate upon receipt of a certified copy of the court judgment. Court determined paternity shall take precedence over all other methods of assigning paternity.