Mississippi Code

Miss. Code Ann. § 41-41-91 (2026)

Use of public funds for abortions prohibited; exceptions

✓ current as of July 2026

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Notwithstanding any other provision of law to the contrary, no public funds that are made available to any institution, board, commission, department, agency, official, or employee of the State of Mississippi, or of any local political subdivision of the state, whether those funds are made available by the government of the United States, the State of Mississippi, or a local governmental subdivision, or from any other public source, shall be used in any way for, to assist in, or to provide facilities for abortion, except:

(a) When the abortion is medically necessary to prevent the death of the mother; or

(b) When the abortion is being sought to terminate a pregnancy resulting from an alleged act of rape or incest; or

(c) When there is a fetal malformation that is incompatible with the baby being born alive.

Laws, 2002, ch. 604, § 1, eff. 7/1/2002.

Notes of Decisions

Cited in 2 cases, 2004–2004 · leading case: Jackson Women's Health Org. Inc. v. Amy, 330 F. Supp. 2d 820 (S.D. Miss. 2004).

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Jackson Women's Health Org. Inc. v. Amy, 330 F. Supp. 2d 820 (S.D. Miss. 2004). “And they agree that public hospitals in Mississippi are prohibited by law from performing abortions except in extremely limited circumstances, namely, where necessary to prevent the woman’s death, where the pregnancy is the result of rape or incest or in cases of fatal fetal…”

Jackson Women's Health Org. Inc. v. Amy, 330 F. Supp. 2d 820 (S.D. Miss. 2004). “And they agree that public hospitals in Mississippi are prohibited by law from performing abortions except in extremely limited circumstances, namely, where necessary to prevent the woman's death, where the pregnancy is the result of rape or incest or in cases of fatal fetal…”

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