In Mississippi

If my state won’t ban all abortions, what are the limits to abortion?

Because Mississippi has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Mississippi’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary. Miss. Code Ann. § 41-41-45.

Are there any exceptions to those limitations placed on abortion?

The 15-week ban includes exceptions for a medical emergency or the presence of a severe fetal abnormality. Miss. Code Ann. § 41-41-191.

The trigger law includes exceptions for when the abortion is necessary to save the mother’s life and in the case of rape, but a charge of rape must be filed with an appropriate law enforcement official. Miss. Code Ann. § 41-41-45.

What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the 15-week ban by a physician are considered unprofessional conduct and their license to practice medicine will be subject to suspension or revocation. Miss. Code Ann. § 41-41-191(6).

Violations of the heartbeat statute are a misdemeanor punishable by $1,000 in fines and/or 6 months in prison.  Miss. Code Ann. § 41-41-39.

Violations of the trigger law are punishable by one to ten years in prison. Miss. Code Ann. § 41-41-45.

Violations of the parental notice requirements (see below) are considered evidence of unprofessional conduct. Miss. Code Ann. § 41-41-59 ; Miss. Code Ann. § 41-41-413(1).

When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The trigger law is a criminal statute and can be enforced against violating physicians by citizens through law enforcement. Miss. Code Ann. § 41-41-39.

The Mississippi Department of Health can impose civil penalties on physicians who violate the reporting requirements of the 15-week ban. Miss. Code Ann. § 41-41-191(7).

Does my state impose a special medical standard of care on abortion providers?

Yes. Under the Women’s Health Defense Act, physicians have a particular set of guidelines to follow when giving and deciding whether to give abortion-inducing drugs. Miss. Code Ann. § 41-41-107.

Does my state give parents the right to consent for their child to get an abortion?

Yes, consent is required from both parents or the minor’s legal guardian; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Miss. Code Ann. § 41-41-53. The trigger law has made these provisions mostly unnecessary.

Does my state have conscience protections for medical professionals who do not want to participate in abortions?

No.

Are there legal protections for babies born alive following a botched abortion in my state?

Yes. The physician must act as necessary to sustain the life of a baby who survives an abortion. Miss. Code Ann. § 97-3-4.

Does an abortion have to be provided by a licensed physician in my state?

Yes. Miss. Code Ann. § 97-3-3

Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: A mother must receive counseling about the medical risks associated with the abortion and with carrying the baby to term; however,the trigger law has made this provision mostly unnecessary. Miss. Code Ann. § 41-41-33(1).

Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes, a 24- hour delay is required; however, the trigger law has made this provision mostly unnecessary. Miss. Code Ann. § 41-41-33(1).