2017 Mississippi Code
Title 41 - Public Health
Chapter 41 - Surgical or Medical Procedures; Consents
Women's Health Protection and Preborn Pain Act
§ 41-41-143. Protection of privacy of woman on whom abortion was performed or induced or attempted to be performed or induced in civil or criminal proceedings
- (1) Except as otherwise provided by this section, in a civil or criminal proceeding or action involving an act prohibited under Sections 41-41-131 through 41-41-145, the identity of the woman on whom an abortion has been performed or induced or attempted to be performed or induced is not subject to public disclosure if the woman does not give consent to disclosure.
- (2) Unless the court makes a ruling under subsection (3) of this section to allow disclosure of the woman's identity, the court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to protect the woman's identity from public disclosure.
- (3) A court may order the disclosure of information that is confidential under this section if:
- (a) A motion is filed with the court requesting release of the information and a hearing on that request; and
- (b) Notice of the hearing is served on each interested party.
- (4) If the conditions specified in subsection (3) of this section are fulfilled, then after an in camera hearing, for each order issued under subsection (2) of this section that is challenged by a motion under subsection (3) of this section, the court shall either vacate the order or issue specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists.
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