Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
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.
History: 1987 c 238 s 1
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.
History: 1987 c 238 s 1
Official Publication of the State of Minnesota
Revisor of Statutes