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Miss. Code Ann. § 41-41-3

Consent for surgical or medical treatment or procedures on unemancipated minors

Applied in 9 court decisions — leading case 478 So. 2d 1033 - In Re Brown (1985)

Most recently applied in 853 So. 2d 85 - COM'N ON JUDICIAL PERFORMANCE v. Perdue (August 2003)

Codes, 1942, § 7129-81; Laws, 1966, ch. 478, § 1; Laws, 1984, ch. 347; Laws, 1998, ch. 542, § 17, eff from and after July 1, 1998.

How often courts cite this section

198519902000200330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) It is hereby recognized and established that, in addition to such other persons as may be so authorized and empowered, any one (1) of the following persons who is reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician: The minor’s guardian or custodian.

(2) The minor’s parent.

(3) An adult brother or sister of the minor.

(4) The minor’s grandparent.

(5) If none of the individuals eligible to act under subsection (1) is reasonably available, an adult who has exhibited special care and concern for the minor and who is reasonably available may act; the adult shall communicate the assumption of authority as promptly as practicable to the individuals specified in subsection (1) who can be readily contacted.

(6) Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.