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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 238-H.F.No. 663 
           An act relating to health; providing for disposition 
          of the remains of human fetuses; providing a penalty; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 145. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [145.1621] [DISPOSITION OF ABORTED OR 
MISCARRIED FETUSES.] 
    Subdivision 1.  [PURPOSE.] The purpose of this section is 
to protect the public health and welfare by providing for the 
dignified and sanitary disposition of the remains of aborted or 
miscarried human fetuses in a uniform manner and to declare 
violations of this section to be a public nuisance. 
    Subd. 2.  [DEFINITION; REMAINS OF A HUMAN FETUS.] For the 
purposes of this section, the term "remains of a human fetus" 
means the remains of the dead offspring of a human being that 
has reached a stage of development so that there are 
cartilaginous structures, fetal or skeletal parts after an 
abortion or miscarriage, whether or not the remains have been 
obtained by induced, spontaneous, or accidental means. 
    Subd. 3.  [REGULATION OF DISPOSAL.] Remains of a human 
fetus resulting from an abortion or miscarriage, induced or 
occurring accidentally or spontaneously at a hospital, clinic, 
or medical facility must be deposited or disposed of in this 
state only at the place and in the manner provided by this 
section or, if not possible, as directed by the commissioner of 
health. 
    Subd. 4.  [DISPOSITION; TESTS.] Hospitals, clinics, and 
medical facilities in which abortions are induced or occur 
spontaneously or accidentally and laboratories to which the 
remains of human fetuses are delivered must provide for the 
disposal of the remains by cremation, interment by burial, or in 
a manner directed by the commissioner of health.  The hospital, 
clinic, medical facility, or laboratory may complete laboratory 
tests necessary for the health of the woman or her future 
offspring or for purposes of a criminal investigation or 
determination of parentage prior to disposing of the remains. 
    Subd. 5.  [VIOLATION; PENALTY.] Failure to comply with this 
section constitutes a public nuisance.  A person, firm, or 
corporation failing to comply with this section is guilty of a 
misdemeanor. 
    Subd. 6.  [EXCLUSIONS.] To comply with this section, a 
religious service or ceremony is not required as part of the 
disposition of the remains of a human fetus, and no discussion 
of the method of disposition is required with the woman 
obtaining an induced abortion. 
    Approved May 26, 1987