In Michigan
After Roe, abortion is legal in almost all circumstances. Hear from Michigan Family Forum about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s postRoe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Abortion is allowed in almost all circumstances after Roe. Michigan has a constitutional right to abortion, 17 Mich. Civ. Jur. Medicine and Surgery § 15, and most of Michigan’s laws restricting abortion have either been repealed or found unconstitutional. Mich. Comp. Laws Ann. § 750.15. However, the Michigan legislature is currently considering an abortion ban after fetal viability. H.B. 4108, 102 Legis., Reg. Sess. (Mich. 2023).
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Michigan Family Forum’s highest priority to protect life after Roe is to pass legislation that prohibits or limits abortion in the state and to remove the “right to abortion” from the Michigan Constitution.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
If my state won’t ban all abortions, what are the limits to abortion?
Michigan’s only limitation on abortion is its partial-birth abortion ban. Mich. Comp. Laws Ann. § 333.17016.
Are there any exceptions to those limitations placed on abortion?
The partial birth abortion ban contains an exception to save the mother’s life. Mich. Comp. Laws Ann. § 333.17016.
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
The partial birth abortion ban does not contain any penalties.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
No one.
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Written consent from the minor and one of the parents or legal guardians is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Mich. Comp. Laws § 722.903(1)) (1991).
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Healthcare workers who refuse to participate in abortions are immune from civil or criminal liability or penalty. Mich. Comp. Laws § 333.20181 (1978) and §333.20183(2) (1978).
Are there legal protections for babies born alive following a botched abortion in my state?
Yes: Immediate care of the born-alive child is required and notice must be given to the mother of the born-alive child. Mich. Comp. Laws. § 333.1073(2) (2002).
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: A “physician” is defined in the Public Health Code, and one must be a physician in order to perform an abortion. Mich. Comp. Laws § 333.17001.
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes: Voluntary and written consent is required. Mich. Comp. Laws § 333.17015(1) (2013). The physician must provide information about risks, gestational age, prenatal care, etc. (Mich. Comp. Laws § 333.17015(3) (2013).
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes. A woman must be provided abortion information 24 hours before an abortion procedure can take place. Mich. Comp. Laws Serv. § 333.17014.
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