Mississippi Code

Miss. Code Ann. § 41-41-407 (2026)

Abortion may not be performed because of race, sex, or genetic abnormality except in a medical emergency

✓ current as of July 2026

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(1) Except in a medical emergency as defined in paragraph (j) of Section 41-41-405, a person shall not perform, induce or attempt to perform or induce an abortion unless the physician who is to perform or induce the abortion has first confirmed that the abortion is not being sought because of the race or sex of the unborn human being or because of the presence or presumed presence of a genetic abnormality and documented these facts in the maternal patient's chart, as well as in the report to be filed with the department as set forth in subsection (4) of this section.

(2) Except in a medical emergency as defined in paragraph (j) of Section 41-41-405, a person shall not intentionally or knowingly perform, induce or attempt to perform or induce an abortion of an unborn human being if the abortion is being sought because of the actual or presumed race or sex of the unborn human being or because of the presence or presumed presence of a genetic abnormality.

(3) In every case in which a physician performs or induces an abortion on an unborn human being, the physician shall within fifteen (15) days of the procedure cause to be filed with the department, on a form supplied by the department, a report containing the following information:
- (a) Date the abortion was performed;
- (b) Specific method of abortion used;
- (c) Whether the race of, sex of, or the presence or presumed presence of any genetic abnormality in the unborn human being had been detected at the time of the abortion by genetic testing (such as by maternal serum tests) or ultrasound (such as by nuchal translucency screening (NT)), or by other forms of testing;
- (d) A statement confirming that the reason for the abortion, as stated by the maternal patient, was not because of the unborn human being's actual or presumed race or sex or the presence or presumed presence of any genetic abnormality; and
- (e) Probable health consequences of the abortion and specific abortion method used.
  The physician shall sign the form as his or her attestation under oath that the information stated thereon is true and correct to the best of his or her knowledge.

(4) Reports required and submitted under subsection (3) of this section shall not contain the name of the maternal patient upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.

Added by Laws, 2020, ch. 434, HB 1295,§ 4, eff. 7/1/2020.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2021 · leading case: Memphis Ctr. for Reprod. Health v. Herbert Slatery, III, 14 F.4th 409 (6th Cir. 2021).

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Memphis Ctr. for Reprod. Health v. Herbert Slatery, III, 14 F.4th 409 (6th Cir. 2021). “§ 20-16-2103 (b)(1) (requiring doctors to ask patients about evidence of fetal Down syndrome); Miss. Code Ann. § 41-41-407 (1) (mandating that doctors “first confirm[] that the abortion is not being sought because of” a protected characteristic).”

Memphis Ctr. for Reprod. Health v. Herbert Slatery, III (6th Cir. 2021). “§ 20-16-2103 (b)(1) (requiring doctors to ask patients about evidence of fetal Down syndrome); Miss. Code Ann. § 41-41-407 (1) (mandating that doctors “first confirm[] that the abortion is not being sought because of” a protected characteristic).”

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