Read the full stored bill text
Session of 2026
HOUSE BILL No. 2789
By Committee on Federal and State Affairs
Requested by Curtis Knapp
3-3
AN ACT concerning abortion; creating the abolish abortion Kansas act;
making all abortions subject to criminal prosecution for violation of
Alexa's law; removing certain exceptions to wrongful death cause of
action for the death of an unborn child when such death is caused by an
abortion; amending K.S.A. 21-5419 and 60-1901 and repealing the
existing sections.
WHEREAS, Section 1 of the bill of rights of the Constitution of the
state of Kansas provides, "All men are possessed of equal and inalienable
natural rights, among which are life, liberty, and the pursuit of happiness";
and
WHEREAS, This provision declaring an inalienable and equal right to
life has been turned on its head by the erroneous interpretation of the
Supreme Court of this state, which held in 2019 that the provision protects
a woman's "right to decide whether to continue a pregnancy." Hodes &
Nauser, MDS, P.A. v. Schmidt, 309 Kan. 610 (2019); and
WHEREAS, Such an interpretation—finding a right to commit prenatal
homicide—is not only foreign and contrary to the plain language of the
Constitution of the state of Kansas, it also violates the Fourteenth
Amendment of the Constitution of the United States, which requires that
"[n]o state…shall deny to any person within its jurisdiction the equal
protection of the laws"; and
WHEREAS, The Constitution of the United States provides, "This
Constitution, and the Laws of the United States which shall be made in
Pursuance thereof…shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding." Art. VI, Clause 2; and
WHEREAS, Innocent human life, created in the image of God, should
therefore be equally protected under the laws from fertilization through
natural death; and
WHEREAS, To ensure the right to life and equal protection of the laws,
all preborn children should be protected with the same criminal and civil
laws protecting the lives of born persons by repealing provisions that
permit prenatal homicide and battery; and
WHEREAS, All persons potentially subject to such laws are entitled to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
HB 2789 2
due process protections; and
WHEREAS, Pregnant mothers should be protected from being
pressured to abort their children; and
WHEREAS, Provisions that may allow a person to aid, advise, hire,
counsel or procure a mother to abort her child should be repealed.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5419 is hereby amended to read as follows: 21-
5419. (a) As used in this section:
(1) "Abortion" means an abortion as defined by K.S.A. 65-6701, and
amendments thereto "Fertilization" means the fusion of a human
spermatozoon with a human ovum; and
(2) "unborn child" means a living individual organism of the species
homo sapiens, in utero, at any stage of gestation development from
fertilization to birth.
(b) This section shall not apply to the unintentional death of an
unborn child when such death results from:
(1) Any act committed by the mother of the unborn child The
undertaking of life-saving procedures on a pregnant woman when such
procedures are accompanied by reasonable steps, if available, to save the
life of her unborn child; or
(2) any medical procedure, including abortion, performed by a
physician or other licensed medical professional at the request of the
pregnant woman or her legal guardian; or
(3) the lawful dispensation or administration of lawfully prescribed
medicationa spontaneous miscarriage.
(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405,
21-5406 and subsections (a) and (b) of 21-5413 (a) and (b), and
amendments thereto, "person" and "human being" also mean an unborn
child.
(d) Enforcement pursuant to this section shall be subject to the same
presumptions, defenses, justifications, immunities, clemencies and other
due process protections that would apply if the victim were a person who
had been born alive.
(e) If any provision of state law conflicts with this section, the
provisions of this section shall prevail.
(f) This section shall be known as Alexa's law , and the amendments
to this section by this act shall be known as the abolish abortion Kansas
act.
Sec. 2. K.S.A. 60-1901 is hereby amended to read as follows: 60-
1901. (a) If the death of a person is caused by the wrongful act or omission
of another, an action may be maintained for the damages resulting
therefrom if the former might have maintained the action had such person
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2789 3
lived, in accordance with the provisions of this article, against the
wrongdoer, or such wrongdoer's personal representative if such wrongdoer
is deceased.
(b) As used in article 19 of chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, the term "person" includes an unborn
child.
(c) As used in this section, the term "unborn child" means a living
individual organism of the species homo sapiens , in utero, at any stage of
gestation development from fertilization to birth.
(d) The provisions of this section shall not apply to a wrongful death
action if the death is the unintentional death of an unborn child by means
of and such death results from:
(1) Any act committed by the mother of the unborn child The
undertaking of life-saving procedures on a pregnant woman when such
procedures are accompanied by reasonable steps, if available, to save the
life of her unborn child; or
(2) any lawful medical procedure performed by a physician or other
licensed medical professional at the request of the pregnant woman or her
legal guardian;
(3) the lawful dispensation or administration of lawfully prescribed
medication; or
(4) a legal abortiona spontaneous miscarriage.
(e) If any provision or clause of this act or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the act which that can be given effect without
the invalid provision or application, and to this end the provisions of this
act are declared to be severable.
New Sec. 3. The amendments to K.S.A. 21-5419 and 60-1901 by this
act shall only apply prospectively and shall not apply to any conduct
committed prior to July 1, 2026.
Sec. 4. K.S.A. 21-5419 and 60-1901 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33