Minnesota's 2025 Abortion Statutes
144.343 PREGNANCY, VENEREAL DISEASE, ALCOHOL OR DRUG ABUSE, ABORTION Next .
Subdivision 1.Minor's consent valid.
Any minor may give effective consent for medical, mental and other health services to determine the presence of or to treat pregnancy and conditions associated therewith, venereal disease, alcohol and other drug abuse, and the consent of no other person is required.
Subd. 2.Notification concerning Previous abortion Next . Notwithstanding the provisions of section 13.02, subdivision 8, no Previous abortion Next operation shall be performed upon an unemancipated minor or upon a woman for whom a guardian has been appointed pursuant to sections 524.5-101 to 524.5-502 because of a finding of incapacity, until at least 48 hours after written notice of the pending operation has been delivered in the manner specified in subdivisions 2 to 4.
(a) The notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent.
(b) In lieu of the delivery required by paragraph (a), notice shall be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee which means postal employee can only deliver the mail to the authorized addressee. Time of delivery shall be deemed to occur at 12 o'clock noon on the next day on which regular mail delivery takes place, subsequent to mailing.
[See Note.]
Subd. 3.Parent, Previous abortion Next ; definitions. (a) For purposes of this section, "parent" means both parents of the pregnant woman if they are both living, one parent of the pregnant woman if only one is living or if the second one cannot be located through reasonably diligent effort, or the guardian or conservator if the pregnant woman has one.
(b) For purposes of this section, " Previous abortion Next " means the use of any means to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination with those means will, with reasonable likelihood, cause the death of the fetus and "fetus" means any individual human organism from fertilization until birth.
Subd. 4.Limitations. No notice shall be required under this section if:
(1) the attending physician certifies in the pregnant woman's medical record that the Previous abortion Next is necessary to prevent the woman's death and there is insufficient time to provide the required notice; or
(2) the Previous abortion Next is authorized in writing by the person or persons who are entitled to notice; or
(3) the pregnant minor woman declares that she is a victim of sexual abuse, neglect, or physical abuse as defined in chapter 260E. Notice of that declaration shall be made to the proper authorities as provided in section 260E.06.
Subd. 5.Penalty. Performance of an Previous abortion Next in violation of this section shall be a misdemeanor and shall be grounds for a civil action by a person wrongfully denied notification. A person shall not be held liable under this section if the person establishes by written evidence that the person relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant woman regarding information necessary to comply with this section are bona fide and true, or if the person has attempted with reasonable diligence to deliver notice, but has been unable to do so.
Subd. 6.Substitute notification provisions. If subdivision 2 of this law is ever temporarily or permanently restrained or enjoined by judicial order, subdivision 2 shall be enforced as though the following paragraph were incorporated as paragraph (c) of that subdivision; provided, however, that if such temporary or permanent restraining order or injunction is ever stayed or dissolved, or otherwise ceases to have effect, subdivision 2 shall have full force and effect, without being modified by the addition of the following substitute paragraph which shall have no force or effect until or unless an injunction or restraining order is again in effect.
(c)(1) If such a pregnant woman elects not to allow the notification of one or both of her parents or guardian or conservator, any judge of a court of competent jurisdiction shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the Previous abortion Next if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed Previous abortion Next . If said judge determines that the pregnant woman is not mature, or if the pregnant woman does not claim to be mature, the judge shall determine whether the performance of an Previous abortion Next upon her without notification of her parents, guardian, or conservator would be in her best interests and shall authorize a physician to perform the Previous abortion Next without such notification if said judge concludes that the pregnant woman's best interests would be served thereby.
(2) Such a pregnant woman may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel.
(3) Proceedings in the court under this section shall be confidential and shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant woman. A judge of the court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions.
(4) An expedited confidential appeal shall be available to any such pregnant woman for whom the court denies an order authorizing an Previous abortion Next without notification. An order authorizing an Previous abortion without notification shall not be subject to appeal. No filing fees shall be required of any such pregnant woman at either the trial or the appellate level. Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant woman 24 hours a day, seven days a week.
Subd. 7.Severability. If any provision, word, phrase or clause of this section or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or application of this section which can be given effect without the invalid provision, word, phrase, clause, or application, and to this end the provisions, words, phrases, and clauses of this section are declared to be severable.
History: 1971 c 544 s 3; 1981 c 228 s 1; 1981 c 311 s 39; 1982 c 545 s 24; 1986 c 444; 2004 c 146 art 3 s 1; 1Sp2020 c 2 art 8 s 20
NOTE: The two-parent notification requirement in subdivision 2 was found constitutional by incorporation of paragraph (c) of subdivision 6. Hodgson v. Minnesota, 497 U.S. 417 (1990), but see also Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022).
Official Publication of the State of Minnesota
Revisor of Statutes
145.42 ABORTIONS; NONLIABILITY FOR REFUSAL TO PERFORM.
§
Subdivision 1.Damages.
No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion Next , and no hospital that refuses to permit the performance of an Previous abortion Next upon its premises, shall be liable to any person for damages allegedly arising from the refusal.
Subd. 2.Related actions.
No physician, nurse, or other person who refuses to perform or assist in the performance of an Previous abortion shall, because of that refusal, be dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital with which the person is affiliated or by which the person is employed.
History: 1971 c 693 s 1,2; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes
145.1621 DISPOSITION OF ABORTED OR MISCARRIED FETUSES.
Subdivision 1.
Purpose. The purpose of this section is to protect the public health and welfare by providing for the dignified and sanitary disposition of the remains of aborted or miscarried human fetuses in a uniform manner and to declare violations of this section to be a public nuisance.
Subd. 2.
Definition; remains of a human fetus. For the purposes of this section, the term "remains of a human fetus" means the remains of the dead offspring of a human being that has reached a stage of development so that there are cartilaginous structures, fetal or skeletal parts after an abortion Next or miscarriage, whether or not the remains have been obtained by induced, spontaneous, or accidental means.
Subd. 3.
Regulation of disposal. Remains of a human fetus resulting from an Previous abortion Next or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility must be deposited or disposed of in this state only at the place and in the manner provided by this section or, if not possible, as directed by the commissioner of health.
Subd. 4.
Disposition; tests. Hospitals, clinics, and medical facilities in which abortions are induced or occur spontaneously or accidentally and laboratories to which the remains of human fetuses are delivered must provide for the disposal of the remains by cremation, interment by burial, or in a manner directed by the commissioner of health. The hospital, clinic, medical facility, or laboratory may complete laboratory tests necessary for the health of the woman or her future offspring or for purposes of a criminal investigation or determination of parentage prior to disposing of the remains.
Subd. 5.
Violation; penalty. Failure to comply with this section constitutes a public nuisance. A person, firm, or corporation failing to comply with this section is guilty of a misdemeanor.
Subd. 6.
Exclusions. To comply with this section, a religious service or ceremony is not required as part of the disposition of the remains of a human fetus, and no discussion of the method of disposition is required with the woman obtaining an induced Previous abortion.
History: 1987 c 238 s 1
Official Publication of the State of Minnesota
Revisor of Statutes
145.4131 RECORDING AND REPORTING ABORTION Next DATA.
Subdivision 1.
Forms.
(a) Within 90 days of July 1, 1998, the commissioner shall prepare a reporting form for use by physicians or facilities performing abortions. A copy of this section shall be attached to the form. A physician or facility performing an Previous abortion Next shall obtain a form from the commissioner.
(b) The form shall require the following information:
(1) the number of abortions performed by the physician in the previous calendar year, reported by month;
(2) the method used for each Previous abortion Next ;
(3) the approximate gestational age expressed in one of the following increments:
(i) less than nine weeks;
(ii) nine to ten weeks;
(iii) 11 to 12 weeks;
(iv) 13 to 15 weeks;
(v) 16 to 20 weeks;
(vi) 21 to 24 weeks;
(vii) 25 to 30 weeks;
(viii) 31 to 36 weeks; or
(ix) 37 weeks to term;
(4) the age of the woman at the time the Previous abortion Next was performed;
(5) complications, if any, for each Previous abortion Next and for the aftermath of each Previous abortion Next . Space for a description of any complications shall be available on the form;
(6) the medical specialty of the physician performing the Previous abortion Next ; and
(7) if the Previous abortion Next was performed via telehealth, the facility code for the patient and the facility code for the physician.
Subd. 2.
Submission. A physician performing an Previous abortion Next or a facility at which an Previous abortion is performed shall complete and submit the form to the commissioner no later than September 30 for abortions performed in the previous calendar year. The annual report to the commissioner shall include the methods used to dispose of fetal tissue and remains.
Subd. 3.
Additional reporting. Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions.
History: 1998 c 407 art 10 s 2; 2015 c 71 art 8 s 43; 1Sp2017 c 6 art 10 s 95; 1Sp2021 c 7 art 6 s 28; 2023 c 70 art 4 s 53,54
Official Publication of the State of Minnesota
Revisor of Statutes
145.4134 COMMISSIONER'S PUBLIC REPORT.
(a) By December 31 of each year, the commissioner shall issue a public report providing statistics for the previous calendar year compiled from the data submitted under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. Each report shall provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The commissioner shall ensure that none of the information included in the public reports can reasonably lead to identification of an individual having performed or having had an abortion Next . All data included on the forms under section 145.4131 must be included in the public report, except that the commissioner shall maintain as confidential, data which alone or in combination may constitute information from which an individual having performed or having had an Previous abortion may be identified using epidemiologic principles.
(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates established under section 145.4131 for administrative convenience, fiscal savings, or other valid reason, provided that physicians or facilities submit the required information once each year and the commissioner issues a report once each year.
History: 1998 c 407 art 10 s 5; 2003 c 14 art 2 s 1; 2022 c 98 art 14 s 8; 2023 c 70 art 4 s 55
Official Publication of the State of Minnesota
Revisor of Statutes
256B.0625 COVERED SERVICES.
Subd. 16.Abortion services. Medical assistance covers abortions and abortion-related services, including preabortion services and follow-up services.
Official Publication of the State of Minnesota
Revisor of Statutes
256B.764 REIMBURSEMENT FOR FAMILY PLANNING SERVICES.
(a) Effective for services rendered on or after July 1, 2007, payment rates for family planning services shall be increased by 25 percent over the rates in effect June 30, 2007, when these services are provided by a community clinic as defined in section 145.9268, subdivision 1.
(b) Effective for services rendered on or after July 1, 2013, payment rates for family planning services shall be increased by 20 percent over the rates in effect June 30, 2013, when these services are provided by a community clinic as defined in section 145.9268, subdivision 1. The commissioner shall adjust capitation rates to managed care and county-based purchasing plans to reflect this increase, and shall require plans to pass on the full amount of the rate increase to eligible community clinics, in the form of higher payment rates for family planning services.
(c) Effective for services provided on or after January 1, 2024, payment rates for family planning, when such services are provided by an eligible community clinic as defined in section 145.9268, subdivision 1, and abortion services shall be increased by 20 percent. This increase does not apply to federally qualified health centers, rural health centers, or Indian health services.
History: 2007 c 147 art 5 s 15; 2013 c 108 art 6 s 29; 2023 c 70 art 1 s 37; 2024 c 127 art 55 s 13
Official Publication of the State of Minnesota
Revisor of Statutes
617.22 CONCEALING BIRTH.
Any person who attempts to conceal the birth of a child by any disposition of its dead body, when the child died after its birth, shall be guilty of a misdemeanor. This section does not apply to the disposition of remains resulting from an abortion or miscarriage.
History: (10179) RL s 4946; 1917 c 231 s 1; 1979 c 102 s 13; 1983 c 7 s 16; 2023 c 52 art 4 s 20
Official Publication of the State of Minnesota
Revisor of Statutes
It is vital that you get out and vote Republican all the way this year. Life is precious. Let us protect it.
Vote for life.
