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In Minnesota

After Roe, abortion will be almost always legal.  Hear from Minnesota Family Council & Institute about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.

After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Minnesota will still allow nearly all abortions. The Minnesota Supreme Court invented a “right to abortion” in the Minnesota Constitution, so if Roe is overturned, changing the abortion laws in Minnesota will require legal as well as legislative action. Doe v. Gomez, 542 N.W.2d 17 (1995). Furthermore, an ongoing case titled Doe v. Minnesota threatens many of the pro-life laws Minnesota does have. Finally, please note that Minnesota’s Attorney General is not vigorously enforcing Minnesota’s active abortion restrictions.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Minnesota prohibits abortions after 24 weeks gestation. Minn. Stat. § 145.412(3); Hodgson v. Lawrence, 542 F.2d 1350, 1355 (8th Cir. 1976).


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

No.


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the 24-week ban are a felony. Minn. Stat. § 145.412(4).


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

Persons who are wrongfully denied notification (see below) have grounds for a civil action. Minn. Stat. § 144.343(5).


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

Yes. Notice must first be sent to both of the minor’s parents or her guardian (Minn. Stat. § 144.343(2)), except where:

 

the minor is at risk of dying from the pregnancy and the physician determines that there is no time to notify the parents,

both parents (if both can be located) have already given written consent, or

the minor says she has been neglected, sexually abused, or physically abused as defined in chapter 260E (Minn. Stat. § 144.343(4)).

 

Otherwise, a judge may permit the minor to obtain an abortion without her parents’ or guardian’s consent. Minn. Stat. § 145.4242(6).


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes.  Minnesota protects from civil liability all individual persons who refuse to perform or assist in an abortion. Minn. Stat. § 145.42.

Minnesota protects all health care professionals from sanctions by their employers for refusing to perform or assist in an abortion. Minn. Stat. § 145.42.


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

Yes, a baby who survives abortion shall be “fully recognized as a human person under the law.” Minn. Stat. § 145.415.

Yes, if the baby is born alive, the abortion provider must “take all reasonable measures, in keeping with good medical practice,” to keep the baby alive and healthy. Minn. Stat. § 145.415(2).


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes. Minn. Stat. § 145.412(1),(4).


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes. Except in cases of “medical emergency,” consent is required from all mothers. Minn. Stat. § 145.4242.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes, at least 24 hours. Minn. Stat. § 145.4242.


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