Abortion Rights

RESOURCES

• Jackson Women’s Health Organization (“the Pink House”).
  • This is currently Mississippi’s only licensed abortion clinic. They offer abortion services up to 16 weeks and can connect patients to financial assistance.
• The Pink House Fund
  • This organization accepts donations to assist patients pay for abortion care at the last clinic in Mississippi.
• SHERo Mississippi
  • This group of on the ground organizers is dedicated to building and promoting leadership among Black women and girls. 
• National Abortion Federation
  • Here you can access financial support as well as referrals for abortion providers outside of Mississippi.
• Center for Reproductive Rights
  • They represent Jackson Women’s Health Organization in court challenges to abortion restrictions. They will have up to date information about the legal status of abortion restrictions in Mississippi.   
• Jane’s Due Process
  • They help minors with judicial bypass in Texas and can refer minors in other states to resources in their state.
• ARC Southeast
  • They provide resources to individuals seeking reproductive health care, including abortion, in Mississippi and other southern states. Resources include financial and logistical support.
• Mississippi Reproductive Freedom Fund
  • They provide funding and other resources to Mississippians for abortion and other reproductive health and family needs.

FAQS

Is abortion legal in Mississippi?

• Abortion is legal in Mississippi. Your ability to access an abortion in Mississippi, however, is restricted by a number of laws Mississippi has passed over several decades. 

What laws impact my ability to access abortion in Mississippi?

• Abortion is available in Mississippi at Jackson Women’s Health Organization, the only licensed abortion facility in the state. The clinic provides medication abortion and abortion procedures up to 15 weeks of pregnancy.
• Mississippi requires you to make two in-person trips to the clinic, separated by at least 24 hours. See Miss. Code Ann. §§ 41-41-33, 41-41-107. At the first visit, Mississippi requires the clinic to give you certain information including about a link between abortion and breast cancer, which is false. The second visit, at which you can obtain a medication abortion or an abortion procedure, must be at least 24 hours later.
• Mississippi bans an abortion procedure commonly used after approximately 15 weeks, Miss. Code Ann. § 41-41-155, and bans abortion after 20 weeks except where there is a medical emergency or a fatal fetal anomaly. Miss. Code Ann. § 41-41-137, -141. Mississippi also prohibits abortions that are sought because of the fetus’s race, sex, or “genetic abnormality.” Life Equality Act of 2020, H.B. 1295.  These bans are unconstitutional but have not been challenged in court and are currently in effect.  

What if I am under 18 years old?

• An unemancipated minor (i.e. an unmarried person less than 18 years old who has not been emancipated through the courts) typically needs written consent from both parents or their legal guardian in order to get an abortion.
• If (1) the parents are separated or divorced, (2) one of the parents cannot be available in a timely manner, or (3) the pregnancy was caused by the minor's father, the law only requires the written consent of the primary parent, available parent, or mother, respectively. Miss. Code Ann. § 41-41-53.
• To have these consent requirements waived, the minor can petition the chancery court in their county of residence or the county where the abortion is being performed. Miss. Code Ann. § 41-41-53. They have the right to a court-appointed lawyer and do not have to pay any filing fees. The court must waive the parental consent requirement if it finds that either (1) the minor is mature and well-informed enough to make this decision or (2) the abortion is in the minor's best interest; if there’s no ruling after 72 hours, the consent requirement is automatically waived. Miss. Code Ann. § 41-41-55.
• The rules and procedures for an unemancipated minor to get consent for an abortion don't apply if there's a medical emergency that so complicates the pregnancy that an immediate abortion is necessary. Miss. Code Ann. §41-41-57.

What if I am an undocumented immigrant?

• Every person in the United States has due process rights—including the right to an abortion—regardless of citizenship status. Plyler v. Doe, 457 U.S. 202, 210 (1982). However, access can be challenging in some places if the person lacks identification or has to cross a border checkpoint. 

What if I am currently incarcerated or in immigration detention?

• Incarcerated individuals, including Immigration and Customs Enforcement detainees, have a right to abortion. Victoria W. v. Larpenter, 369 F.3d 475 (2004); U.S. Immigration & Customs Enf't, Performance-Based National Detention Standards 2011 (rev. 2016). In addition to the barriers imposed by state law, however, accessing abortion can be even more challenging for these individuals.  
• To obtain an abortion in Mississippi, undocumented minors must comply with Mississippi law that requires parental consent. As with documented minors, if parental consent cannot be obtained, or the minor does not wish to involve their parents, a state court can waive the requirement.

What if I’m a member of the LGBTQ+ community?

• Every person in the United States, regardless of their sexuality and gender identity, has the same right to abortion.
• In general, health-care providers may refuse to conduct an abortion for reasons of conscience. However, if you’re denied an abortion on these grounds, your provider must help you transfer to someone who is willing to perform the abortion. Miss. Code Ann. § 41-41-215.

Do I have to pay out of pocket?

• Whether or not your insurance will cover the cost of your abortion depends on your insurer. Insurance policies offered through the state health insurance exchange are prohibited from covering abortion. Miss. Code Ann. § 41-41-97. Further, for Mississippians, no public funds (including Medicaid and government insurance for public employees) may be used for an abortion except when (1) the abortion is medically necessary to prevent the mother's death, (2) the pregnancy is the result of rape or incest, or (3) there's a fetal malformation that is incompatible with life outside the womb. Miss. Code Ann. § 41-41-91.

If Roe v. Wade is overturned, will I still be able to access my birth control or emergency contraception?

• Yes, your access to birth control and emergency contraception should stay the same. 

What are some foundations or collective funds that can provide financial assistance to women seeking abortions?

• There are several foundations and funds that support Mississippi women seeking abortions, including the Mississippi Reproductive Freedom Fund, the Pinkhouse Fund, ARC Southeast and the Yellowhammer Fund.  

Where can I go to get affordable or free birth control and STD testing?

• You can access affordable birth control and STD testing through dozens of Title X clinics across the state. These clinics are federally funded and designed to help you access the healthcare you need no matter your income level. If you live in the Jackson Metro Area, My Brother’s Keeper  offers free STD testing. If you’re looking for a Title X clinic or STD testing site, the CDC has a clinic finder that can help.

Upcoming Events: 

• Abortion Freedom Fighters D-Day Rally (June 17, 2022): 
  • Regardless of what SCOTUS decides, we will assist Mississippians seeking abortion healthcare, supporting their right to bodily autonomy and accessing care!
  • Learn more about this event led by our coalition partner, SHERo Mississippi, by visiting https://www.aclu-ms.org/en/events/abortion-freedom-fighters-d-day-rally.