In Michigan
After Roe, abortion will never be legal except to save the life of the mother. 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 what abortion law would be in your state after Roe.
After Roe, states will 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!
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THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Michigan will likely ban nearly all abortions after Roe. A 1931 statute that has not been repealed would make abortion illegal in all circumstances, whether chemical or surgical. Michigan would have to decide whether and to what degree this law is enforced, should Roe be overturned (Mich. Comp. Laws § 750.14 (1931)).
WHAT’S NEXT
What is my state’s next step in the fight for life, once Roe is overturned?
Michigan Family Forum’s highest priority to protect life after Roe will be to protect the current 1931 law that prohibits abortion in the state and to ensure that a “right to abortion” is not enshrined in the Michigan Constitution.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would be 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?
Because Michigan has a law banning almost all abortions that predates Roe and would go into effect immediately after Roe, Michigan’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
The original 1931 law allows for an exception to preserve the mother’s life (Mich. Comp. Laws § 750.323 (1948)) (Mich. Comp. Laws § 750.14 (1931)).
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)?
Violations of the 1931 statute are considered a felony. If the mother dies in the procedure, the offense is considered manslaughter (Mich. Comp. Laws § 750.14 (1931)).
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
Only a prosecutor.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
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. This provision would most likely become unnecessary when the 1931 statute takes effect. Mich. Comp. Laws § 722.903(1)) (1991).
Medical professionals
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).
Babies Born Alive
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
Physician-only requirement
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(1)(a)(ii)(f) (2019)).
Informed consent
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)). However, these provisions would most likely become unnecessary when the 1931 statute takes effect.
Waiting period
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.