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Minnesota Abortion Laws and the 2023 PRO Act

Since January 31, 2023, Minnesota law has named abortion a fundamental right. The state sets no week limit, and cities and counties cannot add their own restrictions.

By Resist Now Published How we verify

Yes. Abortion is legal in Minnesota, and state law sets no week limit on when a pregnancy can be ended. A 2023 law, the Protect Reproductive Options Act, says every pregnant person “has a fundamental right to continue the pregnancy and give birth, or obtain an abortion” (Minn. Stat. 145.409).

Key facts

  • Governor Walz signed the Protect Reproductive Options Act on January 31, 2023.
  • The law also protects the right to use or refuse birth control, sterilization and fertility care.
  • A city or county cannot pass rules that restrict these rights more than state law does.
  • A law passed by the Legislature can be changed by a later Legislature and governor.

Our abortion laws by state page shows the rules in every other state, including Minnesota’s neighbors.

The Minnesota Protect Reproductive Options Act

The Legislature passed the Protect Reproductive Options Act in January 2023, and the governor signed it the same day it reached his desk, January 31, 2023 (2023 Minn. Laws ch. 4). The law is short, five subdivisions in all. It names the rights and ties them to the state constitution.

In its own words, “The Minnesota Constitution establishes the principles of individual liberty, personal privacy, and equality. Such principles ensure the fundamental right to reproductive freedom” (Minn. Stat. 145.409, subd. 4).

What Minnesota’s Abortion Law Covers

The PRO Act covers more than abortion. It defines reproductive health care to include birth control, sterilization, pregnancy and birth care, and fertility services. Each person has a “fundamental right to use or refuse” that care (Minn. Stat. 145.409, subds. 2 and 3).

What the Protect Reproductive Options Act says

Part of the lawWhat it says
Subdivision 2Reproductive health care includes contraception, sterilization, preconception care, maternity care, abortion care, family planning and fertility services, and counseling
Subdivision 3Every person has a fundamental right to make their own reproductive health decisions, including whether to continue a pregnancy
Subdivision 4Ties the right to the Minnesota Constitution's principles of liberty, privacy and equality
Subdivision 5Local governments may not restrict these rights more than state law does

Source: Minnesota Statutes, section 145.409

Where Things Stand

Minnesota abortion law

As of October 6, 2026

  • Right to an abortion (Minn. Stat. 145.409, subd. 3) Law, Signed January 31, 2023

    State law names abortion, contraception and the choice to give birth as fundamental rights. (source)

  • Local limits (Minn. Stat. 145.409, subd. 5) Law, Barred

    A city, county or other local government may not restrict these rights more than state law does. (source)

Source: Minnesota Statutes, section 145.409

Minnesota Abortion Questions

Is abortion legal in Minnesota?

Yes. Minnesota law names abortion a fundamental right and sets no week limit on when a pregnancy can be ended.

What is the Minnesota PRO Act?

The Protect Reproductive Options Act, signed on January 31, 2023. It makes reproductive health decisions, including abortion and birth control, fundamental rights under state law and bars local governments from restricting them further.

Can a Minnesota city restrict abortion?

No. The PRO Act says a local government may not regulate these rights in a way more restrictive than state law.

What You Can Do

  1. Read the law yourself in Minnesota Statutes, section 145.409.
  2. Compare nearby states on our abortion laws by state page.
  3. Ask your state legislators where they stand on the PRO Act; find them with the Legislature’s district finder.
  4. Vote on November 3. The governor and all 201 legislative seats are on the ballot. See our Minnesota governor race guide.