Mississippi Code
Miss. Code Ann. § 41-41-53 (2026)
Requirement of written consent; petition for waiver
✓ current as of July 2026
- (1) Except as otherwise provided in subsections (2) and (3) of this section, no person shall perform an abortion upon an unemancipated minor unless he or his agent first obtains the written consent of both parents or the legal guardian of the minor.
- (2)
- (a) If the minor's parents are divorced or otherwise unmarried and living separate and apart, then the written consent of the parent with primary custody, care and control of such minor shall be sufficient.
- (b) If the minor's parents are married and one (1) parent is not available to the person performing the abortion in a reasonable time and manner, then the written consent of the parent who is available shall be sufficient.
- (c) If the minor's pregnancy was caused by sexual intercourse with the minor's natural father, adoptive father or stepfather, then the written consent of the minor's mother shall be sufficient.
- (3) A minor who elects not to seek or does not obtain consent from her parents or legal guardian under this section may petition, on her own behalf or by next friend, the chancery court in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this section pursuant to the procedures of Section 41-41-55.
Laws, 1986, ch. 448, § 2, eff. 7/1/1986.
Notes of Decisions
Cited in 8
cases, 1990–2010 · leading case: Hodgson v. Minnesota, 497 U.S. 417 (1990).
Hodgson v. Minnesota, 497 U.S. 417 (1990). “Miss. Code Ann. § 41-41-53 (2) (Supp. 1989).”
Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998). “Miss. Code Ann. § 41-41-53 (2)(a) (1993).”
Sherron v. State, 959 So. 2d 30 (Miss. Ct. App. 2006). “Though it was overwhelmingly proven that the mother failed to take any meaningful steps to protect the daughter from further abuse or to cause the husband's crimes to be detected, this conviction as an accessory to that crime depends on Sherron's consent to her daughter's…”
Mississippi State Fed'n of Colored Women's Club Hous. for the Elderly in Clinton, Inc. v. in the Interest of L.R., 62 So. 3d 351 (Miss. 2010). “Miss.Code Ann. § 41-41-53 (Rev.2009). A minor's capacity is legally limited in both civil and criminal contexts, and contrary to the majority's holding otherwise, this case provides no exception.”
Adoption of D.N.T. v. R.D.H., 843 So. 2d 690 (Miss. 2003). “See Miss.Code Ann. § 41-41-53, -55; R.B. ex rel.”
R.B. ex rel. V.D. v. State, 790 So. 2d 830 (Miss. 2001). “Miss.Code Ann. § 41-41-53(3X1993) states: A minor who elects not to seek or does not obtain consent from her parents or legal guardian under this section may petition, on her own behalf or by next friend, the chancery court in the county in which the minor resides or in the…”
Pro-Choice Mississippi v. Kirk Fordice (Miss. 1995). “Miss. Code Ann. § 41-41-53 (2)(a) (1993).”
RB Ex Rel. VD v. State, 790 So. 2d 830 (Miss. 2001). “Even so, Miss.Code Ann. § 41-41-53 provides the manner in which R.”
— Miss. Code Ann. § 41-41-53(2)(c) — 1 case
Sherron v. State, 959 So. 2d 30 (Miss. Ct. App. 2006). “Though it was overwhelmingly proven that the mother failed to take any meaningful steps to protect the daughter from further abuse or to cause the husband's crimes to be detected, this conviction as an accessory to that crime depends on Sherron's consent to her daughter's…”
— Miss. Code Ann. § 41-41-53(3)(1993) — 1 case
RB Ex Rel. VD v. State, 790 So. 2d 830 (Miss. 2001). “Even so, Miss.Code Ann. § 41-41-53 provides the manner in which R.”
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