Mississippi Code

Miss. Code Ann. § 41-57-23 (2026)

Proceedings to correct birth certificate containing major deficiencies

✓ current as of July 2026

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(1) Any petition, bill of complaint or other proceeding filed in the chancery court to:
- (a) change the date of birth by two (2) or more days,
- (b) change the surname of a child,
- (c) change the surname of either or both parents,
- (d) change the birthplace of the child because of an error or omission of such information as originally recorded, or
- (e) make any changes or additions to a birth certificate resulting from a legitimation, filiation or any changes not specifically authorized elsewhere by statute, shall be filed in the county of residence of the petitioner or filed in any chancery court district of the state if the petitioner be a nonresident petitioner. In all such proceedings, the State Board of Health shall be made a respondent therein, and a certified copy of the petition, bill of complaint or other proceeding shall be forwarded to the State Board of Health. Process may be served upon the State Registrar of Vital Records. The State Board of Health shall file an answer to all such proceedings within the time as provided by general law. The provisions of this section shall not apply to adoption proceedings. Upon receipt of a certified copy of a decree, which authorizes and directs the State Board of Health to alter the certificate, it shall comply with all of the provisions of such decree.

(2)
- (a) If a petition, bill of complaint or other proceeding is filed in the Tribal Court of the Mississippi Band of Choctaw Indians for any of the purposes described in paragraphs (a) through (e) of subsection (1) with regard to the birth certificate of a person of Mississippi Choctaw descent, the tribal court shall have the same authority as the chancery court would have to make any of those changes described in those paragraphs in subsection (1), and the State Board of Health shall comply with a decree from the tribal court in the same manner as if the decree was issued by the chancery court. In all those proceedings in the tribal court, the State Board of Health shall be made a respondent therein, and a certified copy of the petition, bill of complaint or other proceeding shall be forwarded to the State Board of Health.
- (b) The Tribal Court of the Mississippi Band of Choctaw Indians is not the exclusive venue for making changes to the birth certificates of persons of Mississippi Choctaw descent, and changes to the birth certificates of persons of Mississippi Choctaw descent may also be made in proceedings in the chancery court.
- (c) Nothing in this subsection shall be construed to enlarge the subject matter jurisdiction of the Tribal Court of the Mississippi Band of Choctaw Indians.

(3) If a child is born to a mother who was not married at the time of conception or birth, or at any time between conception and birth, and the natural father acknowledges paternity, the name of the father shall be added to the birth certificate if a notarized affidavit by both parents acknowledging paternity is received on the form prescribed or as provided in Section 93-9-9. The surname of the child shall be that of the father except that an affidavit filed at birth by both listed mother and father may alter this rule. In the event the mother was married at the time of conception or birth, or at any time between conception and birth, or if a father is already listed on the birth certificate, action must be taken under Section 41-57-23(1) to add or change the name of the father.

(4)
- (a) A signed voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within the earlier of:
  - (i) One (1) year; or
  - (ii) The date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
- (b) After the expiration of the one-year period specified in paragraph (a)(i) of this subsection a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger; the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the pendency of the challenge, except for good cause shown.

Codes, Hemingway's 1917, § 4868; 1930, § 4904; 1942, § 7060; Laws, 1912, ch. 149; Laws, 1938, ch. 269; Laws, 1942, ch. 307; Laws, 1944, ch. 309, § 1; Laws, 1962, ch. 400; Laws, 1968, ch. 372, § 1; Laws, 1971, ch. 406, § 1; Laws, 1978, ch. 375, § 2; Laws, 1983, ch. 522, § 34; Laws, 1989, ch. 511, § 3; Laws, 1994, ch. 544, § 3; Laws, 1994, ch. 614, § 1; Laws, 1999, ch. 512, § 9; Laws, 2012, ch. 387, § 1, eff. 4/18/2012.

Amended by Laws, 2014, ch. 339, SB 2125, 1, eff. 7/1/2014.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1996–2025 · leading case: Deanna Kaye Patrick v. James Dewy Boyd, 198 So. 3d 436 (Miss. Ct. App. 2016).

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Deanna Kaye Patrick v. James Dewy Boyd, 198 So. 3d 436 (Miss. Ct. App. 2016). · cites it 2× “2013) (citing Miss. Code Ann. § 41-57-23 (1) (Supp. 2015)).”

Rice v. Merkich, 34 So. 3d 555 (Miss. 2010). · cites it 2× “Miss.Code Ann. § 41-57-23(2) (Rev. 2009) (emphasis added).”

Benton ex rel. Brand v. Ivy, 121 So. 3d 226 (Miss. Ct. App. 2012). · cites it 3× “10 Therefore, I submit that since the rescission period expired, Randy’s acknowledgment of his paternity “may be challenged in court only on the basis of fraud, duress, or material mistake of fact.”

Hemphill-Weathers v. Farrish, 779 So. 2d 167 (Miss. Ct. App. 2001). · cites it 2× “Miss. Code Ann. § 41-57-23 (2), as amended 1989 Miss.”

Powell v. Crawley, 106 So. 3d 864 (Miss. Ct. App. 2013). · cites it 2× “Miss.Code Ann. § 41-57-23(2). While the statute notes the rule may be altered by an affidavit signed by both parents indicating otherwise, the statute does not mandate that the rule must be altered in such an event.”

Strickland v. Day, 239 So. 3d 486 (Miss. 2018). “See Miss. Code Ann. § 41-57-23 (1) (Rev. 2013).”

Kent Malone-Bey v. Mississippi State Bd. of Health & Dorothy K. Young (Miss. Ct. App. 2025). “Therefore, the chancery court correctly ruled that it lacked the authority to grant the relief Malone-Bey requested.”

In Re Name Change: Yasmine Montia Jones, By & Through Her Guardian & Conservator, John D. K. Taylor (Miss. Ct. App. 2025). “See Miss. Code Ann. § 41-57-23 (Rev. 2023). 14 Yasmine and paid child support after the divorce.”

Jessica Nicole Rice v. Scott Thomas Merkich (Miss. 2009). “Miss. Code Ann. § 41-57-23 (2) (Rev. 2009) (emphasis added).”

Theonia (Ted) Dunn v. Mississippi State Dep't of Health (Miss. 1996). “He asserts that before the Health Department can make both corrections, a person seeking the changes must institute proceedings in chancery court under Miss. Code Ann. § 41-57-23 (Supp. 1997). Ted bases his argument solely on the language of § 41-57-21, which provides: Where…”

— Miss. Code Ann. § 41-57-23(1) — 1 case

Deanna Kaye Patrick v. James Dewy Boyd, 198 So. 3d 436 (Miss. Ct. App. 2016). “2013) (citing Miss. Code Ann. § 41-57-23 (1) (Supp. 2015)).”

— Miss. Code Ann. § 41-57-23(2) — 2 cases

Rice v. Merkich, 34 So. 3d 555 (Miss. 2010). “Miss.Code Ann. § 41-57-23(2) (Rev. 2009) (emphasis added).”

Powell v. Crawley, 106 So. 3d 864 (Miss. Ct. App. 2013). “Miss.Code Ann. § 41-57-23(2). While the statute notes the rule may be altered by an affidavit signed by both parents indicating otherwise, the statute does not mandate that the rule must be altered in such an event.”

— Miss. Code Ann. § 41-57-23(S)(b) — 1 case

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