Mississippi Code
Miss. Code Ann. § 41-41-3 (2026)
Consent for surgical or medical treatment or procedures on unemancipated minors
✓ current as of July 2026
- (1) It is hereby recognized and established that, in addition to such other persons as may be so authorized and empowered, any one (1) of the following persons who is reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician:
- (a) The minor's guardian or custodian.
- (b) The minor's parent.
- (c) An adult brother or sister of the minor.
- (d) The minor's grandparent.
- (2) If none of the individuals eligible to act under subsection (1) is reasonably available, an adult who has exhibited special care and concern for the minor and who is reasonably available may act; the adult shall communicate the assumption of authority as promptly as practicable to the individuals specified in subsection (1) who can be readily contacted.
- (3) Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.
Codes, 1942, § 7129-81; Laws, 1966, ch. 478, § 1; Laws, 1984, ch. 347; Laws, 1998, ch. 542, § 17, eff. 7/1/1998.
Brought forward by Laws, 2024, ch. 432, SB 2858,§ 9, eff. 7/1/2024.
Notes of Decisions
Cited in 10
cases, 1985–2003 · leading case: Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998).
Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998). “Miss. Code Ann. § 41-41-3 (i) (1993) permits any female, regardless of age, to give consent for all medical procedures regarding pregnancy except abortion.”
Lee v. Alexander, 607 So. 2d 30 (Miss. 1992). “Dominic all contend that the parental consent given pursuant to Miss. Code Ann. § 41-41-3 eviscerates any claim of false imprisonment by providing consent and that the procedures for involuntary commitment under Miss.”
In Re Brown, 478 So. 2d 1033 (Miss. 1985). “See Miss. Code Ann. §§ 41-41-3 , et seq. (Supp.”
Fox v. Smith, 594 So. 2d 596 (Miss. 1992). “Concisely stated in one sentence, no physician may perform any procedure on a patient no matter how slight or well intentioned without that patient's informed consent, and violation of this rule constitutes a battery: No physician or hospital may subject one to medical treatment…”
Cole v. Wiggins, 487 So. 2d 203 (Miss. 1986). “1985); Miss. Code Ann. § 41-41-3 (Supp. 1985). No expert testimony was required to establish what communication transpired between Mr.”
Com'n on Jud. Performance v. Perdue, 853 So. 2d 85 (Miss. 2003). “The contemplation of medical assistance of a child is insufficient reason for the award of temporary custody, especially in light of Miss.Code Ann. § 41-41-3(1)(b) (Rev.2001), which authorizes the minor's parent to seek medical treatment for the child.”
Belcher v. Charleston Area Med. Ctr., 422 S.E.2d 827 (W. Va. 1992). “§ 20-9-602(7) [Michie 1981]; Miss.Code Ann. § 41-41-3(h) [1984]. 16 . We decline to address assignments of error concerning other instructions inasmuch as they are without merit.”
Alexander v. State, 811 So. 2d 272 (Miss. Ct. App. 2001). “Miss. Code Ann. § 41-41-3 (k) (Supp.2000).”
Marchbanks v. Borum, 806 So. 2d 278 (Miss. Ct. App. 2001). “" Miss.Code Ann. § 41-41-3 (Rev.1993). [1] As such, the estate maintains that Mrs.”
Pro-Choice Mississippi v. Kirk Fordice (Miss. 1995). “Miss. Code Ann. § 41-41-3 (i) (1993) permits any female, regardless of age, to give consent for all medical procedures regarding pregnancy except abortion.”
— Miss. Code Ann. § 41-41-3(1)(b) — 1 case
Com'n on Jud. Performance v. Perdue, 853 So. 2d 85 (Miss. 2003). “The contemplation of medical assistance of a child is insufficient reason for the award of temporary custody, especially in light of Miss.Code Ann. § 41-41-3(1)(b) (Rev.2001), which authorizes the minor's parent to seek medical treatment for the child.”
— Miss. Code Ann. § 41-41-3(h) — 1 case
Belcher v. Charleston Area Med. Ctr., 422 S.E.2d 827 (W. Va. 1992). “§ 20-9-602(7) [Michie 1981]; Miss.Code Ann. § 41-41-3(h) [1984]. 16 . We decline to address assignments of error concerning other instructions inasmuch as they are without merit.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.