Tuesday, July 21, 2015

Chism v. Bright Revisited

I still do a good bit of adoption work and the ongoing question has been how Chism v. Bright affects and adoption?  Chism v. Bright is located here.  A chancellor discussed this with me on a recent case.  The current consensus seems to be that Chism v. Bright proceeded under the termination of parental rights statute Mississippi Code Annotated 93-15-103. However, adoption proceeds under Mississippi Code Annotated 93-17-7.  The key difference is that the adoption statute does not have the removed from the home by DHS language that the termination statute does.  As such, it is easier to get termination of parental rights in contemplation of an adoption as opposed to just a termination of parental rights.

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