Fill and Sign the Mississippi Guardian Form

IN THE CHANCERY COURT OF ______________________________________________ (Name of County) COUNTY, MISSISSIPPI IN THE MATTER OF THE ADOPTION OF THE MINOR CHILD DESCRIBED HEREIN Cause No.______________ ________________________________________________ PETITIONER (Name of Petitioner) PETITION FOR ADOPTION COMES NOW, __________________________________________________ (Name of Petitioner) , and files this his Petition for Adoption of __________________________________ _____________________________ (Name of Minor) , born _____________________________ ___________________ (date) , and would state in support thereof, the following: I. Petitioner, _______________________________________________________ (Name of Petitioner) , is a bona fide adult resident citizen of ____________________________________ (Name of County) County, Mississippi, and has been a resident of the State of Mississippi for more than ninety (90) days immediately preceding the date of the filing of this Petition, and the minor child sought to be adopted resides with Petitioner and Petitioner's wife, ______________________________________________________ (Name of Petitioner’s Wife), also a resident citizen of __________________________________________________ (Name of County) , Mississippi. II. The natural mother of the child sought for adoption herein is _________________________________________________ (Name of Minor’s Mother), who is presently married to the Petitioner, and she joins herein as next friend of the aforesaid minor child and consents to the adoption of the aforesaid minor child by Petitioner, as natural mother and next friend of the minor child who is the subject of this Petition. III. The natural father of the minor child is ____________________________________ _____________________________________ (Name of Minor’s Father) . The _______________________________________ (Name of County) County Chancery Court terminated the natural father’s parental rights to the minor child, __________________________ ________________________________ (Name of Minor) , on __________________________ __________________ (date) , which Judgment is attached as Exhibit A to this Petition and is on file with the ______________________________________________ (Name of County) County Chancery Clerk in Cause Number _____________. In the course of that litigation, a Guardian Ad Litem was appointed for the minor child and said Guardian Ad Litem found that the Petitioner, _____________________________________________________ (Name of Minor’s Father) , had stepped in as a loving and supportive father figure and that Petitioner was able to provide for the child physically, financially and emotionally. A copy of the Guardian Ad Litem’s report is attached as Exhibit B. Since the natural father’s parental rights have been terminated by judicial decree of the ____________________________________________ (Name of County) County Chancery Court, the father is not entitled to notice of this proceeding nor is his consent required. IV. That said minor child, _____________________________________________ (Name of Minor) , was born on ______________________________________________ (date) , unto said natural mother and the natural father, _______________________________________________ ( Name of Minor’s Father) , during their marriage, which was terminated by divorce on _____________________________________________ (date) . A copy of the birth certificate of the minor child is attached hereto as Exhibit C. V. Petitioner herein who seeks the adoption of the aforesaid minor child has had the care, custody and control of ___________________________________________________ (Name of Minor) , since ____________________________________________ (date) , when Petitioner and the natural mother of the minor child were married. Petitioner has grown to love the child as his own, and now seeks the adoption of such minor child, who has no property or estate, as evidenced by Exhibit D , but who is physically and mentally fit to be adopted as shown by the doctor's certificate attached hereto as Exhibit E. VI. Petitioner would show unto the Court that he is a fit, suitable and proper person to adopt said minor child and that he proposes to rear, train and educate said child and to give said child all rights as if said child had been born to your Petitioner, including the right of inheritance from him. Petitioner would show that when the minor child came to live in his home that the place of residence of said child became established in _________________________________________ (Name of County) , Mississippi, and that this Court has jurisdiction of this cause. VII. That the Petitioner, _______________________________________________ (Name of Petitioner) , desires that the minor child shall inherit from and through him and that likewise, ________________________________________________________ (Name of Petitioner) , inherit from and through said minor child, and that the minor child shall inherit from and through any children born to said _________________________________________________ (Name of Petitioner) , and wife, ____________________________________________________ (Name of Wife) , now and in the future, and that such children born to said Petitioner and wife, shall inherit from and through the minor child all to the same extent and under the same condition as provided for inheritance between parents and between brothers and sisters in full blood in accordance with the laws of decent and distribution of the State of Mississippi, all such inheritance between said parties to be the same extent as if the minor child herein had been born to the adopting parent as a child of his body born in lawful wedlock; and, further that the minor child, the adopting parent and the adopting kindred shall be vested with all of the rights, powers, duties and obligations, respectively, as if the minor child had been born to said ____________________________________________________________ (Name of Petitioner) , and wife, ________________________________________________________ (Name of Wife) , in lawful wedlock, including all rights existing by virtue of Miss . Code Ann . Section 11-7-13 (1972). VIII. Petitioner would further show that no further investigation is necessary and that a final judgment of adoption should be entered herein without any further waiting period or without an interlocutory judgment pursuant to the provisions of § 93-17-13 of the Mississippi Code Annotated (1972). WHEREFORE, PREMISES CONSIDERED, Petitioner, __________________________ _______________________________________ (Name of Petitioner) , prays that this cause shall come on for hearing at any time or place convenient to this Court in term time or in vacation and upon a hearing hereon, that he shall be permitted to adopt the minor child herein, and that a Final Judgment of Adoption shall be entered by this Court, which Judgment shall state that the name of the minor child shall be ________________________________________________________ (New Name - adopting last name of Petitioner) and that a birth certificate shall be issued by the Bureau of Vital Statistics to this effect; and, that the adopted child shall inherit from the adopted parent, and the adopted parent from the adopted child and the adopted parent, and the adopted child and any other child or children born to said ______________________________________ (Name of Petitioner) , and wife, __________________________________________________ (Name of Wife) , all to the same extent and under the same conditions as provided for inheritance by and between parents and children and between brothers and sisters of full blood in accordance with the laws of descent and distribution of the State of Mississippi, and that the child and the adopting parent and the adoptive kindred shall be vested with all of the rights, powers, duties and obligations respectively, including all rights existing by virtue of Miss . Code Ann . Section 11-7- 13, (1972), all as if the adopted child had been born to __________________________________ ______________________________ (Name of Petitioner) , the adopting parent, in lawful wedlock, and further said Judgment shall recognize that the natural father’s rights have previously been terminated by the _____________________________________________ (Name of County) County Chancery Court. Petitioner further prays for general relief. ____________________________________ (Printed Name of Petitioner) ____________________________________ (Signature of Petitioner) PETITIONER ____________________________________ (Printed Name of Natural Mother) ____________________________________ (Signature of Natural Mother) NATURAL MOTHER AND NEXT FRIEND OF _________________________ (Name of Minor) ___________________________________ (Printed Name of Attorney) ____________________________________ (Signature of Attorney) ATTORNEY FOR PETITIONER OF COUNSEL : _______________________________________ (Name of Attorney) MSB # ___________________ Post Office Box ____________________ _____________________________________________________________ City, MS Zip Tel: (_____) _________-_____________ Fax: (_____) _________-_____________ Attorney for Petitioner STATE OF MISSISSIPPI COUNTY OF ________________________________________ PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named ________________________________________________ ( Name of Petitioner) wh o acknowledged that all matters, facts and things contained in the Petition for Adoption are true and correct as therein stated. GIVEN under my hand and official seal this the _________________________________ _______________________ (date). ____________________________________ NOTARY PUBLIC My Commission Expires: ______________________ STATE OF MISSISSIPPI COUNTY OF _____________________________________ PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named ________________________________________________ ( Name of Natural Mother) , natural mother and next friend of minor child, who acknowledged that all matters, facts and things contained in the Petition for Adoption are true and correct as therein stated. GIVEN under my hand and official seal this the day of _______________________ ___________________ (date). ____________________________________ NOTARY PUBLIC My Commission Expires: ______________________