Section 93-9-71 – Death of mother; effect on paternity proceeding

May 13, 2021 | Family Law, Mississippi

The death of the mother shall not abate the paternity prosecution, if the child be living; but a suggestion of the fact shall be made, and the name of the child substituted in the proceedings for that of the mother, and a guardian ad litem shall be appointed by the court to prosecute the cause, who shall not be liable for costs; and in such case the testimony of the mother, taken in writing before the justice, may be read in evidence, and shall have the same force and effect as if she were living and had testified to the same in court.

Miss. Code § 93-9-71

Codes, 1892, § 253; 1906, § 272; Hemingway’s 1917, § 221; 1930, § 183; 1942, § 387.