Michigan Abortion Laws
Abortion is legal in Michigan through viability. Thereafter, abortion is legal only if necessary to preserve the life of the mother.
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to states the power to regulate, even prohibit, abortion. Although Michigan has a pre-Roe law on the books that would ban virtually all abortions, that law is subject to ongoing legal challenges. A judge has blocked enforcement of that law pending further consideration and Michigan's governor and attorney general have announced they do not intend to enforce the pre-Roe law.
Meanwhile, in November 2022, voters in Michigan approved Proposal 3, a state constitutional amendment enshrining a right to abortion until a fetus is viable.
Learn more about Michigan abortion laws in the following table, which reflects Michigan's law pending the outcome of the legal challenge to the pre-Roe law. See FindLaw's Reproductive Rights section for additional articles and resources.
|Code Section||MCL 750.14; MCL 722.901 et seq.; MCL 333.17016|
|Statutory Definition of Illegal Abortion||Drug, substance, instrument, or device employed with intent to terminate pregnancy for a purpose other than to increase probability of a live birth, to preserve the health of the child, or to remove a dead fetus. Partial Birth Abortion: Unlawful except to save the life of a mother endangered by physical illness, physical injury, or physical disorder when no other medical procedure will suffice|
|Statutory Definition of Legal Abortion||After viability, when necessary to preserve life of mother|
|Penalty for Unlawful Abortion||Felony: fine to $2,000 and/or imprisonment to 4 years; if mother dies, manslaughter, fine to $7,500 and/or imprisonment to 15 years; violation of parental consent requirement is a misdemeanor|
|Consent Requirements||No abortion may be performed on minor without her consent and that of one parent or guardian except in medical emergency; court may waive parental consent if minor is mature and well-informed so as to be able to make the decision, or waiver is in minor's best interest|
|Residency Requirements for Patients||_|
|Physician Licensing Requirements||Only a licensed physician may perform abortions; clinics must be licensed by the state in order to legally operate.
Note: State laws are constantly changing -- contact a Michigan constitutional attorney or health care attorney, or conduct your own legal research to verify the state law(s) you are researching.
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Michigan Abortion Laws: Related Resources
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