15 Miss. Code. R. 5-85-5.3.2 - Paternity

Paternity shall be determined in the following manner:

1. Mother married. If the mother was married at the time of either conception or delivery, or at any time between conception and delivery, the name of the husband shall be entered on the fetal death report as the father of the fetus, unless paternity has been determined otherwise 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 delivery, or at any time between conception and delivery, 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 fetal death report.

3. Mother not married; acknowledged father. If the mother was not married at the time of conception or delivery, or at any time between conception and delivery, and the natural father acknowledges such paternity, the name of the father shall be entered on the fetal death report. Such acknowledgement 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.

4. Court-determined paternity. Any 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 fetal death report upon receipt of a certified copy of the court judgment. Court determined paternity shall take precedence over all other methods of assigning paternity.

Notes

15 Miss. Code. R. 5-85-5.3.2

Miss. Code Ann. § 41-57-1; Miss. Code Ann. § 41-57-7; Miss. Code Ann. § 41-57-23; Miss. Code Ann. § 93-9-9; Miss. Code Ann. § 93-9-28

Amended 9/2/2022