Minnesota Abortion Laws
By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 16, 2024
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Abortion is legal in Minnesota.
The Minnesota Supreme Court and state legislature have both acknowledged that the Minnesota Constitution provides privacy protections that include a pregnant person's fundamental right to terminate a pregnancy.
Minnesota Abortion Law After Dobbs
In 1995, the Minnesota Supreme Court recognized a right to abortion under the state constitution in Doe v. Gomez.
In Dobbs v. Jackson Women's Health (2022), the U.S. Supreme Court overruled Roe v. Wade and ended any federal recognition of a right to abortion. The Dobbs decision returned the issue of abortion regulation and prohibition back to the states. Dobbs had no immediate impact in Minnesota as abortion rights were already protected under the state constitution under Gomez.
In 2022, a Minnesota court invalidated several state abortion restrictions as violations of the right to privacy under state law. This included the parental notice statute and requirements that only physicians could perform abortions.
Democratic lawmakers in Minnesota used their new majorities in the State House and State Senate to prioritize abortion rights during the 2023 legislative session.
On January 31, 2023, Minnesota Gov. Tim Walz signed the Protect Reproduction Options Act into law. The PRO Act recognized a right to reproductive freedom, including a right to reproductive health care. This covered all health care related to:
- Pregnancy
- Contraception
- Family planning
- Sterilization
- Maternity care
- Fertility services
- Abortion
The state also took steps to repeal several state abortion regulations, including a 24-hour waiting period. The state also passed laws to protect Minnesota healthcare providers who assist out-of-state patients and to prohibit cooperation with out-of-state investigations of persons who sought abortion care in Minnesota.
Although the state protects an individual's right to choose abortion, it also maintains provisions that allow healthcare providers to opt out of abortion services. Such refusal to participate cannot become the basis of any adverse action against them.
The Minnesota Attorney General's Office provides a helpful summary of recent changes in state reproductive rights law.
Minnesota Abortion Laws at a Glance
Key Minnesota abortion laws appear in the following table. See FindLaw's Reproductive Rights section (which includes a subsection on Abortion) to learn more.
Relevant Minnesota Abortion Statutes |
Minnesota Constitution Article I, Sections 2, 7, and 10 Minnesota Statutes Chapter 145, Public Health Provisions
Chapter 609, Criminal Code, Crimes Against a Fetus
|
|---|---|
When Is Abortion Legal? |
Abortion is legal throughout all stages of pregnancy in Minnesota. |
Consent and Physician Licensing Requirements |
Standard medical consent provisions apply. There are no requirements for a minor to obtain the consent of a parent or guardian. Physicians and other licensed healthcare providers acting within their scope of practice may provide abortion services. |
Note: State laws are constantly changing. State lawmakers may amend a law or enact a new law. Court decisions may also lead to changes in state law. Contact a Minnesota healthcare attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
How Does Minnesota Compare to Other States?
With protections for reproductive health care rights in both the state constitution and state law, Minnesota abortion laws are some of the least restrictive in the U.S.
Since the Dobbs decision, the majority of states have legalized abortion up to fetal viability. In several states, advocates seek to place ballot initiatives for voters to weigh in on abortion rights. In 2023, Ohio voters became the latest to protect the right to abortion up to viability in its state constitution, upending years of restrictions passed by Republicans in the Ohio General Assembly.
In contrast, some 17 states have enacted near-total abortion bans. For example, in neighboring South Dakota the only legal abortion is one to preserve the life of the pregnant woman. As a result, pregnant persons in nearby states with abortion restrictions often seek out abortion providers in Minnesota.
A Note About Medication Abortion
The Food and Drug Administration (FDA) approved the common two-drug abortion pill regimen used in the U.S. in 2000. Since that time, medication abortion has increased in use. Findings in a recent study report that over 60% of abortions today involve medication abortion.
In 2022, abortion opponents filed a lawsuit seeking to block the use of mifepristone, one of the two drugs used in medication abortion. With conflicting rulings in the lower courts, the U.S. Supreme Court has maintained access to the drug while it decides the issue. A ruling is expected later in 2024.
Research the Law
- Minnesota Law
- Minnesota Legal Research
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Minnesota Abortion Laws: Related Resources
- Minnesota Medical Record Laws
- What are Reproductive Rights?
- Abortion History in the U.S.
- Abortion Rights FAQ
Have More Questions About Abortion Laws? Talk With A Lawyer
After the Dobbs decision, many Americans continue to have questions about abortion laws where they live. Those living in states like North Dakota and Wisconsin may not have the same legal protections provided to Minnesotans.
If you have concerns about abortion access where you live, consider speaking with an attorney. You can locate an experienced healthcare law attorney to get answers to your questions and advice for your unique situation.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.