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Mississippi Abortion Laws

Summary

Abortion is illegal in Mississippi unless either the life of the other is at risk or in cases of rape.

Introduction

In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to states the power to regulate, even prohibit, abortion. In 2007, Mississippi enacted a "trigger ban," which prohibits all abortions except those necessary to save the life of the mother or if pregnancy results from rape reported to law enforcement. The trigger ban is being challenged in the courts. This area of law is highly fluid.

Mississippi Abortion Laws: The Basics

An overview of abortion laws in Mississippi as well as links to relevant statutes are provided in the table below. Please remember that while reading an overview is incredibly helpful, it's important to also read the actual statutes to understand the details of the law.

Statute(s)

Mississippi Code Title 41. Public Health § 41-41-45. Abortion;  definition;  prohibition;  exceptions

Definition of Ilegal Abortion

Abortion is illegal in Mississippi unless necessary to save the life of the mother or the pregnancy resulted from a rape reported to law enforcement

Charges and Penalties for Unlawful Abortion

Performing an illegal abortion carries a penalty for one to ten years in state prison; however, if the mother dies, then the person will be charged with murder. Additionally, the license of any nurse or physician will be automatically revoked.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Mississippi Abortion Laws: Related Resources

You can find more resources and information on this topic by visiting the FindLaw sections listed below.

Learn More About Mississippi Abortion Laws from a Local Attorney

Decisions regarding abortion and reproductive health can have serious emotional and legal consequences. That's why it's important to understand the laws of your state and how they can affect you and your loved ones. Consider speaking with a health care attorney in Mississippi if you have questions or need legal assistance.

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