Mississippi Abortion Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 12, 2024
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The State of Mississippi bans abortion unless the life of the mother is at risk or the pregnancy is the result of rape or incest.
Abortion has always been a divisive issue among Americans. It's an ongoing debate for lawmakers as well. For close to 50 years, women in the U.S. had the right to an abortion under Roe v. Wade. But this changed in June 2022.
The law changed in many states after the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. With this ruling, the federal government returned the power to regulate and prohibit abortion to the states. In the 2024 elections, seven states voted to protect women's reproductive rights.
Mississippi's Trigger Law
Many states already had "trigger laws" before the Dobbs decision. Trigger laws, or trigger bans, said that abortion would become illegal when the Supreme Court overturned Roe v. Wade.
Mississippi enacted its trigger law in 2007. This law prohibits all abortions except when it's necessary to save the life of the mother or in situations involving rape or incest. For the exception to apply, the patient (or their parents/guardian) must report the rape or incest to law enforcement. But in Mississippi law, while the criminal code bans abortions, the state constitution protects a woman's right to have an abortion under the constitutional right to privacy. Mississippi's state supreme court confirmed this in 1998.
There is ongoing debate and litigation to determine whether the 1998 state supreme court decision about constitutional protection of reproductive rights trumps the near-total abortion ban in the State of Mississippi.
Here, we'll summarize Mississippi's abortion laws and explain the tension between the state constitution's abortion rights and state law.
Mississippi Abortion Laws: The Basics
The table below gives an overview of Mississippi's abortion laws, including abortion restrictions, and links to relevant statutes.
| Statute | Mississippi Code Title 41. Public Health §41-41-45 |
|---|---|
| Definition of an illegal abortion | Under Mississippi law, an illegal abortion involves the use of any instrument, medication, or other means to terminate a pregnancy. Miss. Stat. §41-41-45(2) provides exceptions when an abortion is necessary. These exceptions include:
To qualify for the rape/incest exception, the pregnant person (or parent, if the patient is a minor) must have reported the incident to law enforcement. (Note: While Miss. Stat. §41-41-45 doesn’t specifically provide for an exception in cases where the pregnancy is the result of incest, according to the Center for Reproductive Rights, this exception does exist. As long as the pregnant mother reports the incest to law enforcement, the abortion is legal under Mississippi law. Also, under §41-41-45(1), a procedure does not qualify as an illegal abortion in the following circumstances:
|
| Charges and penalties for unlawful abortion | If an abortion provider violates these laws, they will face anywhere from one to 10 years in the state’s Department of Corrections. If the pregnant person dies during or as a result of an abortion procedure, the abortion clinic or physician will face murder charges. The state will automatically revoke the health care professional’s license. |
Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a healthcare attorney or conduct legal research to verify your state laws.
Learn More About Mississippi Abortion Laws from a Local Attorney
Decisions on abortion and reproductive health can have severe emotional and legal consequences. Understanding your state laws and how they can affect your choices about pregnancy is essential.
Consider speaking with a health care attorney in Mississippi if you have questions or need legal help.
Mississippi Abortion Laws: Related Resources
You can find more resources and information on this topic below:
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