SF5225

Purpose

• This proposal would amend the Minnesota Constitution to recognize that a preborn child has a right to life.

Main Provisions

• Adds a new Sec. 18 to Article I of the Minnesota Constitution stating: “A preborn child has the right to life.”
• Carve-outs (exceptions): This right does not prohibit:
  • medical treatment necessary to save the life or preserve the health of a pregnant individual, or
  • the removal of a nonviable or deceased preborn child, including in cases of miscarriage or ectopic pregnancy.
• Definition: “Preborn child” is defined as a living human fetus or living human being at any stage of development from the moment of fertilization until live birth.
• Election and effectiveness:
  • The proposed amendment would be submitted to voters at the 2026 general election.
  • If ratified, the amendment becomes effective January 1, 2027.
  • Ballot question would read: “Shall the Minnesota Constitution be amended to recognize that a preborn child has the right to life?”
  • Ballot title would be “Preborn Child Right to Life Amendment.”

Changes to Existing Law

• Creates a new constitutional right to life for preborn children, defined as from fertilization to live birth, within the Minnesota Constitution.
• Establishes explicit exceptions that preserve access to certain medical treatments and procedures needed to manage the health and life of a pregnant individual and to handle nonviable or deceased preborn children in miscarriages or ectopic pregnancies.
• Requires a voter referendum rather than immediate statutory change, with a specific effective date if approved.

Definitions

• Preborn child: a living human fetus or living human being at any development stage from fertilization until live birth.

Potential Implications (what this could mean in practice)

• The new right to life for preborn children could influence how laws and medical decisions regarding pregnancy, abortion, and related care are interpreted in Minnesota, depending on how courts and lawmakers apply the constitutional provision.
• The carve-outs indicate that life-saving and health-preserving medical care for pregnant individuals, as well as handling nonviable or deceased pregnancies, would not be restricted by this right.

Relevant Terms - Preborn child - Right to life - Living human fetus - Fertilization - Live birth - Minnesota Constitution - Article I - Sec. 18 - 2026 general election - January 1, 2027 - Medical treatment - Miscarriage - Ectopic pregnancy - Nonviable preborn child - Deceased preborn child - Ballot title: Preborn Child Right to Life Amendment