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Bill Summary · HF 5084

Legislative Summary: HF 5084 (Minnesota, 2025-2026)

Title

Preborn child given recognized right to life, and constitutional amendment proposed.

Purpose and Intent

HF 5084 proposes a constitutional amendment to Minnesota’s Constitution (Article I) adding a new Sec. 18 that recognizes a preborn child’s right to life. The bill asserts this right from fertilization through live birth, while explicitly allowing medical treatment necessary to save the life or preserve the health of a pregnant individual and the removal of a nonviable or deceased preborn child (including in cases of miscarriage or ectopic pregnancy).

Key Provisions

1) Constitutional Amendment

  • Adds a new provision to Article I of the Minnesota Constitution:
    • Sec. 18. A preborn child has the right to life.
    • This right does not prohibit:
    • Medical treatment necessary to save the life or preserve the health of a pregnant individual.
    • Removal of a nonviable or deceased preborn child, including during miscarriage or ectopic pregnancy.
  • Definitions:
    • “Preborn child” means a living human fetus or living human being at any stage from fertilization until live birth.

2) Submission to Voters

  • The amendment is to be submitted to Minnesota voters at the 2026 general election.
  • If ratified, the amendment becomes effective January 1, 2027.
  • Ballot language to be used:
    • Question: “Shall the Minnesota Constitution be amended to recognize that a preborn child has the right to life?”
    • Response options: Yes / No
  • Ballot title (as required by law): “Preborn Child Right to Life Amendment.”

Who/What is Affected

  • Constitutional framework: Adds a new fundamental right recognizing the life of a preborn child from fertilization through live birth.
  • Medical considerations: The language preserves availability of medical treatment necessary to save the life or health of the pregnant individual.
  • Pregnancy outcomes: Explicitly allows the removal of a nonviable or deceased preborn child, including miscarriages and ectopic pregnancies.
  • Public process: Requires voter ratification at the 2026 general election to take effect (if approved).

Procedural and Timeline Aspects

  • Introduced / First Reading: 04/27/2026; referred to the Committee on State Government Finance and Policy.
  • Submission to voters: To occur at the 2026 general election.
  • Effective date if approved: January 1, 2027.
  • Title for ballot: “Preborn Child Right to Life Amendment.”

Sponsorship

  • Primary sponsors: Rep. Davis, with a cohort including Knudsen, Roach, Altendorf, Schultz, and others.
  • Several co-sponsors listed, indicating broad legislative support among the filing offices.

Observations and Considerations

  • The amendment enshrines a “right to life” for preborn children in the state constitution, a foundational legal change that could influence future policy debates, court interpretations, and potential conflict with existing abortion-related laws or regulations.
  • The carve-out for medical treatment and for nonviable/deceased preborn children provides a limited exception intended to address health and miscarriage scenarios, though the scope and clinical application may require judicial interpretation over time.
  • As a constitutional amendment, it would supersede ordinary statute in areas related to the right to life for preborn children, potentially limiting legislative flexibility to regulate abortion or related activities unless future legislation is aligned with the constitutional right.

If you’d like, I can compare HF 5084 to existing Minnesota abortion or fetal right-related statutes, or outline potential legal questions that might arise in court challenges or implementation.

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

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