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Paternity
I have a son with my girlfriend. How can I legitimize my son?

I have a son with my girlfriend. How can I legitimize my son?

Q: Does signing a birth certificate establish paternity in Mississippi?

Yes, signing a birth certificate in Mississippi establishes paternity if both parents are present at the time of signing. This acknowledges the father as the legal parent of the child. If the father is not present, he may need to take additional legal steps to establish paternity, such as filing a paternity action in court.

Full question:

I am a resident of Mississippi. I have a son with my girlfriend. How can I legitimize my son?

Category: Paternity
Date: 04/07/2025
State: Mississippi

Answer:

In Mississippi, an illegitimate child becomes a legitimate child of the natural father, if he marries the natural mother and acknowledges the child. Legitimating a child by subsequent marriage is envisaged in Miss. Code Ann. § 93-17-1 which reads as follows:
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(2) An illegitimate child shall become a legitimate child of the natural father if the natural father marries the natural mother and acknowledges the child.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the process of legitimization?

The process of legitimization typically involves the father marrying the mother of the child and formally acknowledging the child as his own. In Mississippi, this acknowledgment can be done through a legal document or by signing the child's birth certificate. Once these steps are completed, the child is considered legitimate under Mississippi law. It's advisable to consult with a legal professional to ensure all requirements are met.

Does sole legal custody terminate parental rights?

No, sole legal custody does not terminate parental rights. It grants one parent the authority to make major decisions regarding the child's upbringing, but the other parent's rights remain intact unless a court specifically terminates them. In Mississippi, parental rights can only be terminated through a legal process, typically involving serious circumstances such as abuse or neglect.

What are the custody laws for unmarried parents in Mississippi?

In Mississippi, custody laws for unmarried parents state that both parents have equal rights to seek custody of their child. The court will consider the best interests of the child when making custody decisions. Factors include the child's relationship with each parent, the stability of each home, and the parents' ability to provide for the child's needs. Legal action may be necessary to establish custody rights.

Do unmarried fathers have parental rights in Mississippi?

Yes, unmarried fathers have parental rights in Mississippi, but these rights must be established legally. This can be done by acknowledging paternity, which may involve signing the birth certificate or obtaining a court order. Once paternity is established, the father can seek custody or visitation rights. It's important to follow legal procedures to ensure these rights are protected.

How to legitimize a child in Mississippi?

To legitimize a child in Mississippi, the father must marry the child's mother and acknowledge the child. This acknowledgment can be done through a formal declaration or by signing the birth certificate. Once these steps are completed, the child is considered legitimate under state law. Consulting with a legal professional can help ensure the process is correctly followed.