WeVote
Log In

Bill

Bill

HB 2789

Enacting the abolish abortion Kansas act to make all abortions subject to criminal prosecution and removing certain exceptions to wrongful death cause of action for the death of an unborn child.

2025-2026 Regular Session

HB 2789 would criminalize all abortions and sharply limit wrongful death claims for fetuses, significantly restricting exceptions and civil remedies.

Died in Committee
#abortion #crimes #punishmentandcriminalprocedure #namedacts
0
WeVote Research Nonpartisan
Bill Summary · HB 2789

Summary of HB 2789 (2025-2026) – Kansas

Purpose and intent

  • HB 2789 seeks to fundamentally change abortion policy in Kansas by enacting the “Abolish Abortion Kansas Act.”
  • The bill would make all abortions subject to criminal prosecution, effectively removing or significantly narrowing existing exceptions that permit abortion under certain circumstances.
  • It also proposes removing certain exceptions related to wrongful death claims for the death of an unborn child, altering civil liability related to abortion in wrongful death contexts.

Key provisions and changes

  1. Criminalization of abortion

    • All abortions would be subject to criminal prosecution.
    • The bill would replace or severely limit any current statutory exceptions that permit abortion under specified circumstances (e.g., rape, incest, threats to the pregnant person’s life or health), though the exact scope of exceptions is not detailed in the provided summary.

  2. Wrongful death exceptions (unborn child)

    • The bill intends to remove certain existing exceptions to wrongful death actions arising from the death of an unborn child.
    • This change would affect civil claims where a fetus dies and could limit the ability to pursue wrongful death damages in cases tied to abortion or related conduct.

Who would be affected

  • Pregnant individuals seeking abortion: Under this act, seeking an abortion could expose individuals to criminal liability pursuant to the statute’s prohibitions and penalties.
  • Medical providers and clinics: Physicians, nurses, and other healthcare professionals who perform abortions could face criminal charges or civil liability.
  • Family and estates of affected individuals: If wrongful death claims are constrained or narrowed, families may have fewer avenues for civil recovery in cases involving the death of an unborn child.
  • Legal system: The measure would shift abortion policy toward criminal enforcement and redefine civil liability related to fetal death, affecting prosecutorial discretion and civil litigation practices.

Procedural and timeline aspects

  • Introduction and referral: HB 2789 was introduced and referred to the House Committee on Federal and State Affairs (March 3, 2026).
  • Committee action: The bill was reported out of committee (if applicable); the latest action notes that it died in committee on April 10, 2026, meaning it did not advance to the floor for consideration in its current session.
  • Status: As of the last action, the bill did not become law and did not progress beyond committee review.

Potential impact and considerations

  • If enacted, the act would represent a substantial shift toward criminalization of abortion and could lead to significant legal, medical, and social consequences, including:
    • Increased criminal exposure for patients, providers, and potentially others involved in facilitating or supporting abortion.
    • Complex constitutional considerations, given existing federal and state-level protections and challenges to abortion restrictions.
    • Implications for civil litigation related to fetal death, with potential reductions in wrongful death recovery for unborn children.
  • Given it died in committee, these provisions did not move forward in the 2025-2026 session, but they reflect policy priorities under discussion for Kansas.

Note: The summary reflects the bill’s stated aims as described in the provided action history and title. For precise statutory language, penalties, definitions, and scope of exceptions, the bill text would need to be reviewed.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.