Minnesota Pain-Capable Unborn Child Protection Act (HF 2927)

HF 2927 would have prohibited performing or inducing an abortion unless the physician first makes a determination of the probable post-fertilization age of the fetus, except in cases of a medical emergency.

The bill would have banned abortions at 20 weeks post-fertilization unless, in the physician’s reasonable medical judgment, an abortion is necessary to avert the woman’s death or a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition.

The bill states that an abortion does not become necessary if the risk of death or a substantial and irreversible physical impairment of a major bodily function arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.

The bill also states that an abortion performed after 20 weeks must be performed in a manner that provides the best opportunity for the “unborn child” to survive, unless in the physician’s reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function than would another method. No such greater risk would have existed if it is based on a claim or diagnosis that the woman will engage in conduct which will result in her death or in substantial and irreversible physical impairment of a bodily function.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

The purpose of the 20-week ban would have been to “assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”

Litigation Defense Fund

The bill would have established the Pain-Capable Unborn Child Protection Act litigation account in order to pay for expenses incurred by the Attorney General in defending the law. The fund would have included appropriations made to the account by the Legislature as well as donations and gifts to the account.

STATUS

Companion bill to SF 2841.

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