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Mississippi Abortion Laws

Explanation of Chart and More Information on Abortion Laws

Code Section 97-3-3, 5; 41-75-1, et. seq., 41-41-31 to 41-41-73
Statutory Definition of Illegal AbortionWillfully or knowingly by means of instrument, medicine, drug, or any other substance causing any pregnant woman to abort or miscarry; Partial Birth Abortion: prohibited unless necessary to save mother's life if no other medical procedure would suffice
Statutory Definition of Legal AbortionNecessary to preserve mother's life; pregnancy result of rape
Penalty for Unlawful AbortionFelony: imprisonment 1 to 10 years; if mother dies, murder; if M.D. or nurse convicted, license will be revoked; misdemeanor: $25-200 and imprisonment up to 3 mos. if selling, giving away, possessing or in any manner anything causing unlawful abortion; Partial Birth Abortion: felony, up to $25,000 fine and/or 2 yrs. imprisonment
Consent RequirementsWritten informed consent of the mother at least 24 hours before the abortion, except in emergency; unmarried woman under 18 must have written consent of both parents, with exceptions for medical emergency or judicial waiver
Residency Requirements for Patients-
Physician Licensing RequirementsLicensed M.D.; prior advice of two licensed M.D.s required in writing

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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