Mississippi
Ranking: 15
- In Pro-Choice Mississippi v. Fordice, the Mississippi Supreme Court found that the state constitution’s right of privacy includes “an implicit right to have an abortion.” However, the court still upheld the state’s informed consent law, 24-hour reflection period before an abortion, and a two-parent consent requirement before a minor may obtain an abortion.
- Mississippi has enacted legislation banning abortion, except in cases of life endangerment, should Roe v. Wade be overturned.
- Mississippi prohibits partial-birth abortion.
- A physician may not perform an abortion on a woman until at least 24 hours after the woman receives counseling on the medical risks of abortion including the link between abortion and breast cancer, the medical risks of carrying the pregnancy to term, the probable gestational age of the unborn child, medical assistance benefits, and the legal obligations of the child’s father. Mississippi also provides written material describing the development of the unborn child, the medical risks of abortion, available state benefits, and public and private agencies offering alternatives to abortion.
- In addition, an abortion provider is required to perform an ultrasound on a woman seeking abortion. The woman must be offered the opportunity to view the ultrasound image, receive a copy of the image, and listen to the unborn child’s heartbeat. Abortion facilities must purchase ultrasound equipment.
- A physician may not perform an abortion on an unemancipated minor under the age of 18 without the written consent of both parents unless there is a medical emergency, the minor is the victim of incest by her father (in such circumstances, the consent of the minor’s mother is sufficient), or the minor obtains a court order. The two-parent consent requirement has been upheld by both a federal appellate court and the Mississippi Supreme Court.
- Mississippi mandates minimum health and safety regulations for abortion clinics performing more than 10 abortions per month and/or more than 100 abortions per year. The regulations prescribe minimum health and safety standards for the building or facility, clinic administration, staffing, and pre-procedure medical evaluations.
- Further, Mississippi requires second-trimester abortions be performed in hospitals, ambulatory surgical facilities, or a licensed Level I abortion facility (as defined by statute).
- Only practicing physicians licensed by the State of Mississippi may perform abortions. Abortion providers must maintain hospital admitting privileges. Further, in 2012, the state enacted legislation requiring abortion providers to be board certified in obstetrics and gynecology and to maintain both hospital staff and admitting privileges. This amendment is in litigation.
- The “Abortion Complication Reporting Act” requires abortion providers to report any incident where a woman dies or needs further medical treatment as a result of an abortion. The measure applies to both surgical and nonsurgical abortions and requires hospitals to report the number of patients treated for complications resulting from abortions.
- The state also requires that deaths resulting from a criminal abortion, self-induced abortion, or abortion performed because of sexual abuse be reported to the medical examiner.
- Mississippi includes “reproductive healthcare facilities” in the definition of mandatory reporters for suspected child sexual abuse.
- Mississippi funds abortions for women eligible for public assistance when necessary to preserve the woman’s life, the pregnancy is the result of rape or incest, or in cases involving fetal abnormalities.
- Mississippi restricts the use of state facilities for the performance of abortion.
- Public school nurses are prohibited from providing abortion counseling or referring any student to abortion counseling or abortion clinics.
- No money in the “Mississippi Children's Trust Fund,” established to assist child abuse and neglect programs and services, may be used for abortion counseling.
- Health insurance funds for state employees may not be used for insurance coverage of abortion unless an abortion is necessary to preserve the life or physical health of the mother.
- Further, insurance companies participating in the state insurance Exchanges established pursuant to the federal healthcare law (required to be operational by 2014) cannot offer policies that provide abortion coverage within the Exchanges, except in cases of life endangerment, rape, or incest.
- Mississippi offers “Choose Life” and “We Love Life” license plates, the proceeds of which benefit pregnancy care centers and/or other organizations providing abortion alternatives.
- The killing of an unborn child at any stage of gestation is a form of homicide.
- Mississippi defines a nonfatal assault on an unborn child as a criminal offense.
- Further, Mississippi law also provides that an attack on a pregnant woman resulting in a stillbirth or miscarriage is a criminal assault.
- Mississippi authorizes a wrongful death (civil) action for an unborn child (after quickening) is killed through violence or negligence.
- The state has created a specific affirmative duty of physicians to provide medical care and treatment to infants born alive at any stage of development.
- Mississippi law protects the anonymity of the parent relinquishing a newborn under the state’s infant abandonment statute.
- Mississippi maintains no laws regarding human cloning, destructive embryo research, or assisted reproductive technologies.
- In appropriating funds for ethical forms of research in 2011, the state included a specific restriction that no appropriated funds may be used “for research in which a human embryo is killed.”
- In Mississippi, assisted suicide is a felony.
- The Mississippi “Healthcare Rights of Conscience Act” provides comprehensive rights of conscience protection for healthcare providers, institutions, and insurance companies (including pharmacists and pharmacies) who conscientiously object to participating in any healthcare service, including abortion.
- Mississippi protects the civil rights of all healthcare providers who conscientiously object to participating in any healthcare services, including destructive embryo research and human cloning.
- Mississippi enacted a measure requiring abortion providers to be board certified in obstetrics and gynecology and to maintain both hospital staff and admitting privileges. The law has been challenged and is in litigation.
- In addition, the state enacted legislation including “reproductive healthcare facilities” in the definition of mandatory reporters for suspected child sexual abuse.
- Mississippi considered legislation banning abortion at or after 20 weeks gestation, enhancing informed consent requirements, limiting public funding for abortion, and regulating the provision of abortion-inducing drugs.
- The state enacted a measure protecting the anonymity of the parent relinquishing a newborn under the state’s infant abandonment statute.
- The state also considered a measure authorizing fetal death certificates and/or prescribing standards for the burial or disposal of fetal remains.
- Mississippi made appropriations in support of eight university programs, but prohibited the funds from being used for research in which a human embryo is destroyed, and considered a measure related to embryo adoption. Conversely, the state also considered legislation promoting destructive embryo research.
- In addition, the state again considered a measure that would create a “bill of rights” for patients and residents of healthcare facilities, including a “right” to “refuse treatment,” and considered measures relating to pain management and palliative care.
- State Constitutional Amendment (providing that there is no state constitutional right to abortion)
- Women’s Health Defense Act
- Coercive Abuse Against Mothers Prevention Act
- Abortion-Inducing Drugs Safety Act
- Penalties for failing to comply with the state’s informed consent and parental consent laws
- Joint Resolution Commending Pregnancy Centers
- Unborn Wrongful Death Act (from conception)
- Pregnant Woman’s Protection Act
- Human Cloning Prohibition Act
- Destructive Embryo Research Act
- Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act
- Healthcare Freedom of Conscience Act
