HB 1661: Statutory Construction Regarding Unborn Children
Sponsor: Rep. Brian Seitz
WATCH / MIXED
Stronger language, but retains loopholes.
HB 1661 repeals and reenacts Missouri's existing "life begins at conception" statute (§1.205). While it strengthens the finding that unborn children are entitled to the same rights as any other person, it remains a statutory statement of values rather than an enforcement mechanism. Crucially, it retains a carve-out regarding mother accountability and makes rights "subject to" federal doctrine.
What Does This Bill Do?
- Strengthening "Same Rights" Language: The bill explicitly adds that unborn children are entitled to the same rights, powers, privileges, justice, and protections as any other human person.
- "Subject To" Federal Doctrine: The bill directs courts to interpret laws in favor of the unborn, but explicitly makes this "subject only to" the U.S. Constitution and Supreme Court precedents, effectively creating a built-in escape hatch.
- Retained Accountability Carve-out: It reenacts §1.205 without removing the provision that protects women from causes of action regarding indirect harm to their unborn child (often cited in prenatal care contexts).
Constitutional or Critical Context
HB 1661 may sound like a major step toward equal protection because it declares the unborn are entitled to the same rights and protections as any other human person—but it quietly leaves a built-in escape hatch in the very same statute. In §1.205(4), the bill keeps language stating that nothing in this section may be interpreted to create a cause of action against a woman for “indirectly harming” her unborn child. That carve-out matters because it embeds “mother immunity” concepts inside Missouri’s foundational unborn-child rights statute, weakening the bill’s credibility as a true equal-protection measure: if the unborn truly have the same rights as other persons, the law should not preemptively block accountability frameworks for harms to them—especially at a time when “self-managed” abortion by pills is the central enforcement challenge. Missouri deserves clarity and consistency, and there are better alternatives this session that would actually establish equal protection for the unborn—HJR 109 and SJR 72—and Act for Missouri is fully supportive of those approaches.
Red Flags & Recommended Amendments
Equal Rights Without Enforcement
Declaring "same rights" is symbolic if unaccompanied by mechanisms to stop "self-managed" chemical abortions or hold perpetrators accountable.
Embedded "Mother Immunity"
By keeping the "no cause of action" clause for indirect harm inside the main rights statute, the bill undermines a consistent equal-protection framework.
Act for Missouri Recommendation:
Act for Missouri rates this bill as WATCH/MIXED. While we support the principle that life begins at conception, HB 1661 risks being symbolic legislation. It strengthens pro-life definitions but leaves key accountability gaps intact and retains carve-outs that weaken the legal standard of personhood. We believe HJR 109 is a stronger vehicle for ending abortion in Missouri.