Copyright ©2013 NPR. For personal, noncommercial use only. See Terms of Use. For other uses, prior permission required.

ROBERT SIEGEL, HOST:

You're listening to ALL THINGS CONSIDERED from NPR News.

Beginning in July, when a baby is born to an underage mother in Mississippi, the state wants to know who the father is. Doctors and midwives will be required to take samples of umbilical cord blood. That evidence would aid the state in prosecuting cases of statutory rape.

But as Jeffrey Hess, with Mississippi Public Broadcasting, reports, enforcing the measure is going to be difficult.

JEFFREY HESS, BYLINE: Mississippi's Gov. Phil Bryant says the idea grew out of his time as a deputy sheriff, when he saw too many 13-, 14- and 15-year-old girls pregnant against their will.

GOV. PHIL BRYANT: So I applied that knowledge as a law-enforcement officer to these rape cases. And it is a tragedy that I think has been accepted over the years, where people simply say the young girl agreed to it, and so we can't do anything about it. And that's got to stop.

HESS: He thinks a way to stop those types of teen pregnancies is to require doctors and midwives to collect umbilical blood from babies whose mothers were less than 16 years old at the time of conception. Many doctors in the state already collect these samples but instead of it being used for medical purposes, it could now become criminal evidence. Bryant worked with Rep. Andy Gipson, the Republican who drafted the bill that passed earlier this year.

REP. ANDY GIPSON: Cord blood DNA that is already drawn will be processed through the state medical examiner's DNA database; for the purpose of seeing if we can find who harmed that child, and the father of that child if, for example, the mother won't list the name of the father. And this is, apparently, an epidemic in some parts of this state.

HESS: There are a number of other triggers, such as listing the father as unknown, claiming he's deceased; or if the father disputes his paternity. The state's Democratic attorney general, Jim Hood, also helped draft the bill.

ATTORNEY GENERAL JIM HOOD: It's our hope that we can deter men over the age of 21 of having sex, particularly with young girls 16 years and under, if they know that we're going to pursue them.

HESS: The law is not entirely clear if it's limited to men 21 years and older. State statutory rape law kicks in if the two people are more than three years apart in age difference until the girl is 16, the age of consent in Mississippi. But the law is a solution looking for a problem, according to Jamie Holcomb-Bardwell, with the Women's Fund of Mississippi, because so few teen pregnancies involve very young girls and much older men.

JAMIE HOLCOMB-BARDWELL: It's a lot easier for politicians to talk about protecting young women than it is for them to actually talk about adequate sex education, access to contraception, looking at multigenerational poverty, making sure we have an adequately funded education systems. All of these things have been shown to reduce the teen pregnancy rate.

HESS: The state medical association is reluctantly on board with the law, as long as it doesn't criminalize medical activity. And the law could be a hornet's nest of legal problems, says Matt Steffey, a constitutional law professor with the Mississippi College School of Law.

MATT STEFFEY: So in other words, most of the case - instances that trigger this law aren't criminal acts to begin with. Even when they are, it's not at all clear that the legislature can deputize health care workers to collect evidence without a warrant.

HESS: The law doesn't explain who would prosecute the men if they are located, and it's determined they broke the law, because prosecutors would have to determine in which county the sex that caused the conception occurred in order to file charges. The law also doesn't lay out who is going to pay for all the testing. The rules and regulations about implementation are still being drafted.

For NPR News, I'm Jeffrey Hess in Jackson, Miss.

SIEGEL: And that story came to us thanks to a collaboration of NPR, Mississippi Public Broadcasting and Kaiser Health News.

(SOUNDBITE OF MUSIC)

AUDIE CORNISH, HOST:

You're listening to ALL THINGS CONSIDERED from NPR News.

Copyright © 2013 NPR. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to NPR. This transcript is provided for personal, noncommercial use only, pursuant to our Terms of Use. Any other use requires NPR's prior permission. Visit our permissions page for further information.

NPR transcripts are created on a rush deadline by a contractor for NPR, and accuracy and availability may vary. This text may not be in its final form and may be updated or revised in the future. Please be aware that the authoritative record of NPR's programming is the audio.

Comments

 

Please keep your community civil. All comments must follow the NPR.org Community rules and terms of use, and will be moderated prior to posting. NPR reserves the right to use the comments we receive, in whole or in part, and to use the commenter's name and location, in any medium. See also the Terms of Use, Privacy Policy and Community FAQ.

Support comes from: