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!Connect with Michigan Family Forum
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 Medicine and Surgery § 15, and most of Michigan’s laws restricting abortion have either been repealed or found unconstitutional.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).
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
Limitations on abortions
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.
Exceptions to any limitations
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.
Penalties for performing an illegal abortion
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?
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
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).
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).