Minnesota Born Alive Infant Protection Act (SF 904)
This law was last updated on Feb 19, 2015
SF 904 would make it unlawful for a physician who performs an abortion that results in the delivery of a born alive child to intentionally allow or cause the child to die.
Under this law, “the term ‘born alive,’ with respect to a member of the species Homo sapiens, means the complete expulsion or extraction from his/her mother of that member, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of a natural of induced labor, cesarean section, or induced abortion.”
Individuals may seek civil and disciplinary actions against the person who performed the abortion if the death or injury was a result of simple negligence, wantonness, willfulness, intentional conduct, or another violation of the legal standard of care.
Any medical personnel that does not take all reasonable measures to preserve the life and health of the born alive infant may be subject to the suspension or revocation of that person’s professional license.
Unless the abortion is performed to save the life of the woman or fetus, or unless one of the parents of the born alive infant agrees within 30 days to accept the rights and responsibilities for the child, the child shall be an abandoned ward of the state.
Companion bill to HF 1047.