{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-mi","type":"legislation","level":"state","jurisdiction":"Michigan","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Constitutionally protected; broadly available","summary":"Michigan's constitution guarantees a fundamental right to reproductive freedom including abortion; the state may regulate only after fetal viability, and must always permit abortion to protect life or physical or mental health.","machine_readable_summary":{"legal_classification":"protected_by_constitution","gestational_limit_weeks":null,"limit_measured_from":null,"abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":false,"method_bans":[],"telehealth_prescribing_allowed":true,"physician_only_law":false,"provider_max_penalty":"Misdemeanor (parental consent violation), up to $10,000 fine (coercion); license discipline possible","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":true,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"none","in_person_visits_required":0,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":false,"state_funding_posture":"defunds_providers","rape_incest_exception":"not_applicable","exceptions_present":["life","physical_health","mental_health","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/mi.html","markdown":"https://www.abhortion.org/legislation/mi.md","summary_json":"https://www.abhortion.org/legislation/mi.json","full_json":"https://www.abhortion.org/legislation/mi-full.json","verbose_json":"https://www.abhortion.org/legislation/mi-verbose.json"},"overview":{"title":"Constitutionally protected; broadly available","summary":"Michigan's constitution guarantees a fundamental right to reproductive freedom including abortion; the state may regulate only after fetal viability, and must always permit abortion to protect life or physical or mental health.","description":"Abortion is a fundamental constitutional right in Michigan. There is no gestational age limit before viability — the state can only regulate abortion after the fetus can survive outside the womb, and even then, an abortion must always be allowed if a health care professional decides it is needed to protect the pregnant person's life, physical health, or mental health. The 1931 criminal abortion ban has been repealed. The 24-hour waiting period, mandatory state-scripted counseling, and physician-only requirement were permanently struck down by a Michigan court in May 2025. The parental consent requirement for minors, a coercion-screening requirement, and a ban on using state Medicaid funds for most abortions remain in effect. Michigan also has executive orders that shield providers and patients from out-of-state investigations.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"},{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"}]},"sections":{"definitions":{"title":"Statutory definition; miscarriage carved out","summary":"Michigan defines 'abortion' as the intentional termination of a pregnancy for a purpose other than live birth or removal of a dead fetus; miscarriage management and contraceptive use are expressly excluded.","description":"Michigan law defines 'abortion' narrowly to mean the intentional use of an instrument, drug, or other substance or device to terminate a pregnancy for a purpose other than to produce a live birth, to preserve the life or health of the child after live birth, or to remove a fetus that has died from natural causes, accident, or criminal assault. This means treatment for miscarriage — including medication, D&C, D&E, and labor induction when there is no cardiac activity — is not legally an abortion and is not subject to abortion regulations. Contraception, including emergency contraception, is also expressly excluded from the definition.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-17015"}]},"current_status":{"title":"Constitutional right; viable-fetus limit with health exception","summary":"Abortion is a fundamental constitutional right from conception; after fetal viability the state may regulate but must always permit abortion to protect life, physical health, or mental health.","description":"Under Michigan's constitution, every person has a fundamental right to abortion as part of reproductive freedom. Before fetal viability (the point when a fetus can survive outside the womb without extraordinary medical measures), the state may not deny, burden, or infringe upon abortion at all unless it has a compelling health reason and uses the least restrictive means. After viability, the state may regulate abortion — but it can never ban an abortion that a health care professional determines is needed to protect the pregnant person's life, physical health, or mental health. In determining whether a post-viability abortion is medically indicated, the provider may consider the pregnant person's age and physical, emotional, psychological, and familial circumstances. The old 1931 criminal ban has been repealed. The state cannot penalize someone for having an abortion or for aiding someone in exercising their reproductive freedom.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"},{"name":"Michigan Legislature","href":"https://capitol.legislature.mi.gov/documents/mcl/pdf/MCL-ACT-286-OF-2023.pdf"},{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-328-1931-III"}]},"enforcement_status":{"title":"Core protections in force; restrictions partially enjoined","summary":"The constitutional amendment and RHA are fully in effect; the 24-hour waiting period, state-scripted informed consent, and physician-only rule are permanently enjoined; coercion screening and parental consent remain enforceable.","description":"Michigan's constitutional protection for abortion is fully in effect and enforceable. The state cannot enforce the 24-hour waiting period, state-mandated counseling scripts, or a rule that only physicians can perform abortions — a court permanently blocked those in May 2025. Two restrictions remain: clinics must screen patients for coercion before an abortion, and minors must get consent from one parent or a judge. The Medicaid funding ban remains in place; a lawsuit challenging it was dismissed for lack of standing and is now on appeal. Michigan's Attorney General has declined to defend several of these restrictions, taking the position that they are unconstitutional under the RFFA.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"},{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49f796/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000093-mm.pdf"}]},"exceptions":{"life":{"title":"Life exception; constitutional mandate","type":"life","summary":"An abortion must always be permitted when medically indicated to protect the pregnant person's life, at any stage of pregnancy.","description":"Michigan's constitution requires that the state never prohibit an abortion that a health care professional determines is medically necessary to protect the pregnant person's life. This applies at every stage of pregnancy, including after fetal viability. No special documentation or reporting beyond the provider's professional judgment is required.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},"physical_health":{"title":"Physical health exception; constitutional mandate","type":"physical_health","summary":"An abortion must always be permitted when medically indicated to protect the pregnant person's physical health, at any stage of pregnancy.","description":"Michigan's constitution requires that the state never prohibit an abortion that a health care professional determines is medically necessary to protect the pregnant person's physical health. The provider can consider a broad range of factors including the person's age, physical condition, and family situation.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},"mental_health":{"title":"Mental health exception; constitutional mandate","type":"mental_health","summary":"An abortion must always be permitted when medically indicated to protect the pregnant person's mental health, at any stage of pregnancy.","description":"Michigan's constitution explicitly names mental health alongside life and physical health as a basis for which the state can never prohibit an abortion. This means a provider may determine that continuing a pregnancy poses a serious risk to the pregnant person's mental health and perform an abortion at any stage, including after viability.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},"rape":{"title":"Rape/incest exception not needed","type":"rape","summary":"Because abortion is a constitutional right before viability and must always be permitted for health reasons after viability, no standalone rape or incest exception is structurally necessary.","description":"Michigan does not have — and does not need — a specific rape or incest exception in its abortion laws. Because abortion is a constitutional right throughout pregnancy (with broad health-based access after viability), a person who becomes pregnant from rape or incest can access abortion on the same terms as anyone else. The repealed 1931 ban had no rape or incest exception, but that law is gone.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.michigan.gov/whitmer/news/press-releases/2023/04/05/governor-whitmer-repeals-michigans-extreme-1931-abortion-ban"}]},"fatal_fetal_anomaly":{"title":"Fatal anomaly not separately defined","type":"fatal_fetal_anomaly","summary":"No standalone fatal fetal anomaly exception exists because abortion is broadly protected at all stages; post-viability, mental and physical health grounds encompass fatal anomaly cases.","description":"Michigan law does not have a specific exception for fatal fetal anomalies because none is needed. Before viability, abortion is unrestricted. After viability, a provider may determine that continuing a pregnancy with a fatal fetal anomaly threatens the pregnant person's physical or mental health, which the constitution protects. The provider's professional judgment controls.","verification":"not_applicable","confidence":"high"},"ectopic_miscarriage_carveout":{"title":"Miscarriage and ectopic care excluded","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of abortion expressly excludes removal of a dead fetus and treatment for miscarriage; ectopic pregnancy management is emergency medical care, not regulated as abortion.","description":"Michigan's definition of abortion does not cover treatment for miscarriage, ectopic pregnancy, or removal of a fetus that has already died. This means miscarriage management — whether by medication, D&C, D&E, or labor induction when there is no cardiac activity — is not legally restricted as abortion. Ectopic pregnancy treatment is standard emergency medical care and falls outside the abortion framework entirely.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-17015"}]}},"methods":{"procedural_surgical":{"title":"All procedural methods legal","summary":"Procedural abortion (D&C, D&E, induction) is legal at all stages; no method-specific bans are in force; D&X/partial-birth ban repealed; Legal Birth Definition Act enjoined and repealed.","description":"All procedural abortion methods are legal in Michigan. The state's old partial-birth abortion ban (both the 1996 statute and the 2004 Legal Birth Definition Act) have been permanently blocked by federal courts and were repealed by the Reproductive Health Act in 2023. There are no D&E 'dismemberment' bans in Michigan law. Providers may use the method they judge most appropriate for the patient's circumstances.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/us-6th-circuit/1368516.html"},{"name":"Michigan Legislature","href":"https://reproductiverights.org/wp-content/uploads/2023/12/CRR_LegislativeWrapUp_2023_Digital_NEW_12-20-23.pdf"}]},"medication":{"title":"Medication abortion legal; telehealth available","summary":"Medication abortion (mifepristone/misoprostol) is legal, can be prescribed via telehealth, and can be dispensed in-person or by mail; it is not governed differently from procedural abortion under state law.","description":"Medication abortion — using mifepristone and misoprostol — is fully legal in Michigan. It can be prescribed through a telehealth visit and the pills can be mailed to the patient or picked up at a pharmacy. Planned Parenthood of Michigan offers medication abortion by telehealth up to 11 weeks and 5 days of pregnancy and in-person up to 12 weeks. No Michigan law requires in-person dispensing or prohibits mailing abortion pills. The FDA's authorization of mifepristone by mail preempts any contrary state law, though Michigan currently has no such contrary law.","verification":"semi_verified","confidence":"high","sources":[{"name":"Planned Parenthood of Michigan","href":"https://www.plannedparenthood.org/planned-parenthood-michigan/healthcare/abortion-services"},{"name":"Supreme Court of the United States","href":"https://www.michiganpublic.org/2026-05-14/the-supreme-court-keeps-abortion-pill-mifepristone-available-by-telehealth"}]},"self_managed":{"title":"Self-managed abortion not criminalized","summary":"Michigan's constitution prohibits penalizing a person for their pregnancy outcome, including abortion; the repealed 1931 ban no longer exists; no Michigan statute criminalizes self-managed abortion.","description":"A person who ends their own pregnancy — for example, by obtaining abortion pills online or using other methods — faces no criminal exposure under Michigan law. The constitution explicitly says the state 'shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion.' The old 1931 law that could have been used to prosecute pregnant people was repealed. No other Michigan statute reaches self-managed abortion.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]}},"actors":{"who_may_perform":{"title":"APCs and physicians; physician-only rule enjoined","summary":"The physician-only restriction was permanently enjoined in May 2025; advanced practice clinicians (nurse practitioners, physician assistants, certified nurse-midwives) may now perform abortions; no hospital or ASC requirement exists.","description":"Abortions in Michigan may now be performed by advanced practice clinicians — including nurse practitioners, physician assistants, and certified nurse-midwives — not just physicians. The state court permanently struck down the physician-only rule in May 2025. TRAP laws requiring abortion clinics to meet hospital-like surgical center standards were repealed in 2023. There is no admitting-privileges requirement.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/michigan"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Express constitutional immunity","summary":"The constitution categorically bars the state from penalizing, prosecuting, or taking adverse action against a person for their pregnancy outcome, including abortion.","description":"A pregnant person who obtains or self-manages an abortion in Michigan faces zero criminal or civil exposure. The state constitution says the state 'shall not penalize, prosecute, or otherwise take adverse action' against anyone based on their pregnancy outcome. This includes abortion, miscarriage, and stillbirth.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},"physician":{"title":"Minimal criminal exposure; license discipline possible","summary":"With criminal abortion statutes repealed and informed-consent provisions enjoined, physicians face essentially no criminal exposure for performing lawful abortions; parental-consent violations remain a misdemeanor and license discipline is possible.","description":"Physicians performing abortions in Michigan face very limited legal risk. The criminal abortion ban has been repealed. The informed-consent provisions that might have carried penalties were permanently enjoined. Violating the parental consent law is a misdemeanor. Physicians could also face professional license discipline for violating any remaining regulatory requirements, including the coercion-screening mandate.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-722-907"}]},"prescriber_pharmacist":{"title":"No specific criminal exposure","summary":"Non-physician prescribers and pharmacists face no Michigan-specific criminal exposure for abortion-related prescribing or dispensing; Michigan has no law restricting filling out-of-state abortion medication prescriptions.","description":"Advanced practice clinicians who prescribe abortion medication and pharmacists who dispense it face no special legal risk in Michigan. The physician-only rule has been enjoined, and Michigan has no law that singles out abortion medication for special pharmacy restrictions or prohibits filling prescriptions from out-of-state providers.","verification":"semi_verified","confidence":"high"},"nurses_and_staff":{"title":"No criminal exposure; constitutional shield","summary":"Clinical staff assisting in abortion care are constitutionally protected from adverse action for aiding a pregnant person in exercising reproductive freedom; no accomplice liability attaches.","description":"Nurses, medical assistants, counselors, and other clinic staff who help provide abortion care are protected by the Michigan Constitution. The state cannot prosecute or penalize someone for 'aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.'","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},"other_helpers":{"title":"Constitutional shield for all helpers","summary":"The constitution shields anyone who aids or assists a pregnant person in exercising reproductive freedom — including friends who drive, family who pay, or employers who reimburse — from prosecution or adverse action.","description":"Anyone who helps a pregnant person access abortion — a friend who drives them to a clinic, a parent who pays, an employer who reimburses travel expenses — is shielded from prosecution or penalty under Michigan's constitution. The shield is broad: it covers anyone 'aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.'","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Travel assistance protected","summary":"Helping someone travel — within Michigan or to another state — for an abortion is constitutionally shielded; Michigan has no 'abortion trafficking' statute; local ordinances restricting travel assistance would likely be preempted.","description":"Helping someone travel for an abortion — whether driving them to a clinic in Michigan or helping them go to another state — is protected by the Michigan Constitution. Michigan has no law that criminalizes assisting someone's travel for abortion, and no 'abortion trafficking' law that targets those who help minors cross state lines. The state constitution's aid-and-assist shield covers this activity.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},"funding":{"title":"Funding assistance protected","summary":"Paying for someone's abortion or abortion-related travel is constitutionally shielded; abortion funds and employer reimbursement programs operate without legal restriction.","description":"Anyone can pay for another person's abortion or abortion-related expenses — including travel, lodging, and childcare — without legal risk. Abortion funds operate freely in Michigan. Employers who reimburse abortion travel as a benefit are not restricted by state law.","verification":"semi_verified","confidence":"high"},"mailing_pills":{"title":"Mailing pills not prohibited","summary":"Michigan has no law prohibiting the mailing of abortion medication into or within the state; the constitutional aid-and-assist shield further protects those who send or receive pills.","description":"Sending or receiving abortion pills by mail is not restricted by Michigan law. There is no state prohibition on mailing mifepristone or misoprostol. The FDA permits certified pharmacies to mail mifepristone, and Michigan imposes no additional state barriers. The constitutional protection for aiding and assisting reproductive freedom would shield someone who helps obtain pills by mail.","verification":"semi_verified","confidence":"medium"},"providing_information":{"title":"Information-sharing protected","summary":"Providing information, referrals, or websites about abortion is protected by the First Amendment and Michigan's constitutional aid-and-assist shield; there is no gag rule or information restriction.","description":"Sharing information about abortion — including referrals, clinic locations, or websites — is legal and constitutionally protected in Michigan. The state cannot penalize someone for informing a pregnant person about their options. A previous law prohibiting public universities from providing abortion referrals was repealed by the RHA. No 'aiding and abetting' theory reaches pure speech about lawful activity.","verification":"semi_verified","confidence":"high","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/wp-content/uploads/2023/12/CRR_LegislativeWrapUp_2023_Digital_NEW_12-20-23.pdf"}]},"civil_bounty":{"title":"No civil bounty law","summary":"Michigan has no SB8-style private civil enforcement law; private individuals cannot sue abortion providers or helpers for damages under state law.","description":"Michigan has no law like Texas's SB8 that allows private citizens to sue abortion providers or anyone who helps someone get an abortion. There is no civil bounty mechanism in Michigan law.","verification":"not_applicable","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"No waiting period; 24-hour rule permanently enjoined","summary":"The 24-hour mandatory waiting period was permanently enjoined by the Michigan Court of Claims in May 2025; no delay is currently required between counseling and procedure.","description":"There is no waiting period for abortion in Michigan. The law that required a 24-hour delay between receiving information and having the procedure was permanently struck down by a state court in May 2025. A person can receive counseling, give consent, and have the abortion on the same day.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"}]},"mandatory_counseling":{"title":"No state-scripted counseling; enjoined","summary":"The mandatory uniform informed-consent script — including state-written materials, fetal depictions, and risk descriptions — was permanently enjoined; standard medical informed consent still applies.","description":"Michigan no longer requires abortion providers to read from a state-scripted counseling document or to give patients state-produced materials about fetal development, adoption, or parenting. A court permanently blocked those requirements in May 2025, finding they violated the state constitution. Providers still obtain informed consent, but using standard medical practice rather than state-mandated language.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Michigan has no mandatory ultrasound law; the provision requiring providers to offer the opportunity to view an ultrasound image was permanently enjoined.","description":"Michigan does not require a person seeking an abortion to have an ultrasound. There is no requirement to view an ultrasound image or listen to a fetal heartbeat. The law that required providers to offer patients the opportunity to view an ultrasound image was permanently blocked by the court in May 2025.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"}]},"in_person_visits":{"title":"No mandatory in-person visits","summary":"With the waiting period and state-scripted counseling enjoined, no Michigan law requires any particular number of in-person visits; telehealth consultation and medication by mail permit zero in-person visits for medication abortion.","description":"Michigan law does not require any specific number of in-person visits for an abortion. With the waiting period and mandatory counseling requirements struck down, a person can consult with a provider via telehealth, receive medication by mail, and complete a medication abortion without ever visiting a clinic in person. For procedural abortion, one in-person visit is required by the nature of the procedure, not by law.","verification":"semi_verified","confidence":"high"}},"minors":{"parental_involvement":{"title":"One-parent consent with judicial bypass","summary":"Michigan requires written consent from one parent or legal guardian for a minor's abortion, with a judicial bypass available; the requirement is waived in medical emergencies.","description":"In Michigan, a person under 18 must get written consent from one parent or legal guardian before having an abortion. If they cannot or do not want to involve a parent — for example, because of abuse, estrangement, or fear — they can ask a judge for permission instead through a process called judicial bypass. The consent requirement does not apply in a medical emergency. This law remains in effect and has not been challenged or enjoined under the RFFA.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-722-903"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"Minors may petition the probate court for a waiver of parental consent; the court must rule promptly; the minor has a right to appointed counsel; proceedings are confidential and sealed.","description":"A minor who does not want to or cannot involve a parent can go to probate court and ask a judge for permission to have an abortion without parental consent. The minor has the right to a court-appointed attorney at no cost. The court must hold a hearing and issue a ruling on an expedited timeline. The entire process is confidential — the court file is sealed, and the minor may use initials instead of their name.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-722-903"},{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/SCAO-forms/Abortion-Waiver/process-for-seeking-a-waiver-of-parental-consent-for-an-abortion"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Michigan has no statute requiring spousal consent or notice for abortion; no paternal consent requirement exists beyond the parental consent law for minors.","description":"Michigan does not require a married person to get their spouse's consent or to notify their spouse before having an abortion. There is no father's consent requirement for an adult. The only consent requirement involves parents of minors, not spouses or partners.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"No spousal law to enforce","summary":"No spousal or paternal notice/consent law exists on Michigan's books; Danforth and Casey's holdings on this point are therefore academic in Michigan.","description":"Because Michigan has no spousal consent or notice law, the U.S. Supreme Court decisions striking down such laws in other states (Planned Parenthood v. Danforth and Planned Parenthood v. Casey) do not directly affect Michigan. Even without those federal precedents, Michigan's own constitution would almost certainly bar any spousal-consent requirement under its strict-scrutiny standard.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father has no veto; wrongful-death standing possible","summary":"The father of a fetus has no legal right to prevent or be notified of an abortion; a father may have standing to bring a wrongful-death claim for a fetus under MCL 600.2922a if the death results from a third party's negligent or wrongful act.","description":"A father cannot stop a pregnant person from having an abortion and has no right to be informed about it. If a fetus dies because of someone else's wrongful act — such as a car accident — the father might be able to bring a wrongful-death lawsuit. But this statute expressly excludes acts committed by the pregnant person and lawful medical procedures performed with consent.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2922a"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from quickening; mother exempt","summary":"Michigan law makes the willful killing of an unborn quick child manslaughter (MCL 750.322) and separately criminalizes assault causing miscarriage, stillbirth, or death to an embryo or fetus (MCL 750.90b); both apply only to third parties, not the pregnant person.","description":"Michigan has two laws that treat harming a fetus as a crime. One is an old law (from 1846) that makes it manslaughter to willfully kill an 'unborn quick child' by injuring the mother — 'quick' meaning the stage when fetal movement can be felt. The other is newer and makes it a crime to assault a pregnant person in a way that causes miscarriage, stillbirth, or death to the embryo or fetus at any stage of development. Both laws apply only to third parties — not to the pregnant person herself, and not to lawful medical procedures performed with consent.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-322"},{"name":"Michigan Legislature","href":"https://legislature.mi.gov/Laws/MCL?objectName=mcl-777-16d"}]},"wrongful_death":{"title":"Wrongful-death action for fetus; abortion exempt","summary":"A civil wrongful-death or injury claim lies for a fetus at any stage, but the statute expressly excludes the pregnant person's own acts and lawful medical procedures performed with consent.","description":"If someone's wrongful or negligent act causes a miscarriage, stillbirth, or the death of an embryo or fetus, they can be sued for damages. But the law explicitly says this does not apply to acts committed by the pregnant person herself, lawful medical procedures performed with her consent, or the lawful dispensing of medication. This means a wrongful-death lawsuit cannot be based on a lawful abortion.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2922a"}]},"personhood_definition":{"title":"Personhood language present in criminal code","summary":"Michigan's coercion statute defines 'unborn child' as 'a live human being in utero regardless of his or her gestational stage of development'; the fetal-assault statute covers embryos and fetuses; the abortion definition calls the fetus an 'individual organism of the species Homo sapiens in utero.'","description":"Several Michigan laws use language that treats a fetus or embryo as a separate being. The coercion-to-abort law defines 'unborn child' as a 'live human being in utero regardless of gestational stage.' The informed-consent law defines 'fetus' as 'an individual organism of the species Homo sapiens in utero.' The fetal-assault law treats harming an embryo or fetus as a distinct crime. However, none of these provisions override the constitutional right to abortion.","verification":"verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-213A"},{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-17015"}]},"contradictions_analysis":"Michigan law embodies a striking internal contradiction in its treatment of fetal status. On one hand, the Penal Code defines the unborn as a 'live human being' (MCL 750.213a) and 'an individual organism of the species Homo sapiens' (MCL 333.17015), criminalizes killing an 'unborn quick child' as manslaughter (MCL 750.322), and creates a separate crime for assault causing death to an embryo or fetus 'at any stage of development' (MCL 750.90b). The wrongful-death statute (MCL 600.2922a) allows a civil claim for death of an embryo or fetus — again at any stage. Yet the Michigan Constitution (art. I, § 28) simultaneously guarantees a fundamental right to abortion, including the right to 'make and effectuate decisions about all matters relating to pregnancy,' and prohibits the state from penalizing anyone for a pregnancy outcome including abortion. The RHA (MCL 333.26103) reinforces this by explicitly protecting abortion as a fundamental right and barring adverse action. The fetal-homicide and wrongful-death statutes resolve this contradiction through express carve-outs: MCL 600.2922a(2) exempts acts by the pregnant individual, medical procedures performed with consent, and lawful dispensing of medication. The criminal fetal-assault statute (MCL 750.90b) is silent on abortion but applies only to assault by a third party — it has never been applied to a lawful abortion provider. The pre-Roe criminal abortion ban, which once prosecuted providers, has been repealed. Thus, Michigan's legal architecture recognizes the fetus as a distinct victim of third-party violence from conception while simultaneously recognizing the pregnant person's constitutional right to end the pregnancy. These two commitments coexist through statutory exemptions and constitutional hierarchy: where they conflict, the constitutional right to reproductive freedom prevails. The personhood language in the coercion and informed-consent statutes is definitional scaffolding for those specific regulatory purposes and does not override the constitutional framework."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth prescribing permitted","summary":"Abortion medication can be prescribed via telehealth to a patient in Michigan; no state law requires an in-person visit; providers can prescribe from in-state or out of state subject to licensure rules.","description":"A person in Michigan can receive a prescription for abortion medication through a telehealth appointment — by video or phone — without visiting a clinic in person. The medication can then be mailed or picked up at a pharmacy. Michigan law does not require an in-person examination before prescribing. An out-of-state provider can prescribe to a Michigan patient if they hold a Michigan medical license or fall under an applicable exception.","verification":"semi_verified","confidence":"high","sources":[{"name":"Planned Parenthood of Michigan","href":"https://www.plannedparenthood.org/planned-parenthood-michigan/healthcare/abortion-services"}]},"out_of_state_travel":{"title":"Travel out of state unrestricted","summary":"Michigan residents may lawfully travel to another state for an abortion; Michigan imposes no restriction on out-of-state travel and has no law purporting to regulate conduct occurring outside its borders.","description":"A Michigan resident can travel to any other state for an abortion without legal consequence in Michigan. Michigan does not attempt to restrict or penalize out-of-state travel for abortion, and its constitution protects the right to make decisions about pregnancy. No Michigan law tries to reach conduct that occurs in another state.","verification":"semi_verified","confidence":"high"},"shield_or_hostile_laws":{"title":"Executive-order shield; no statutory shield law","summary":"Michigan protects abortion providers and patients from out-of-state investigations through executive orders — not a statute — barring state agency cooperation, extradition for lawful reproductive health care, and certain license actions.","description":"Michigan has executive orders — not a permanent statute — that protect abortion providers and patients from other states' investigations. State agencies cannot cooperate with out-of-state investigations into reproductive health care that is legal in Michigan. The governor will not honor extradition requests for people charged in other states for providing or obtaining lawful reproductive health care. However, these protections are in executive orders, which could be rescinded by a future governor.","verification":"verified","confidence":"medium","sources":[{"name":"State of Michigan — Office of the Governor","href":"https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/07/13/executive-order-2022-4-unavailability-of-interstate-extradition"},{"name":"State of Michigan — Office of the Governor","href":"https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/05/25/ed-2022-5-reproductive-rights-in-michigan"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only; ban challenged and on appeal","summary":"Michigan Medicaid covers abortion only when necessary to save the life of the mother (not rape or incest, despite federal Hyde requirements); a lawsuit challenging this ban was dismissed for lack of standing and is on appeal.","description":"Michigan's Medicaid program will only pay for an abortion if it is necessary to save the pregnant person's life. It does not cover abortion in cases of rape or incest — even though federal law requires that for states participating in Medicaid. A lawsuit filed by the YWCA of Kalamazoo to overturn this ban was dismissed in July 2025 because the judge ruled the YWCA lacked legal standing. That ruling is being appealed.","verification":"verified","confidence":"low","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-400-109a"},{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49f796/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000093-mm.pdf"}]},"private_insurance":{"title":"No restrictions; abortion rider repealed","summary":"Michigan's requirement to purchase a separate insurance rider for abortion coverage was repealed in December 2023; private insurers may cover abortion like any other health service.","description":"Private health insurance plans in Michigan can cover abortion without any special restrictions. A law that required people to buy a separate additional insurance rider to cover abortion — enacted in 2013 — was repealed in December 2023 as part of the Reproductive Health Act. Now, abortion can be covered like any other medical procedure in a standard health plan.","verification":"semi_verified","confidence":"high","sources":[{"name":"State of Michigan — Office of the Governor","href":"https://www.michigan.gov/whitmer/news/press-releases/2023/12/11/governor-whitmer-signs-final-piece-of-reproductive-health-act"}]},"exchange_plans":{"title":"No Michigan-specific exchange restriction","summary":"ACA marketplace plans in Michigan may cover abortion — the state's abortion insurance rider requirement was repealed, and Michigan has not enacted a separate exchange-plan abortion restriction.","description":"Health plans sold on the ACA marketplace in Michigan can include abortion coverage. There is no Michigan law that restricts abortion coverage specifically in marketplace plans. The federal Hyde Amendment still applies to federal subsidies, meaning federal funds cannot be used for abortion except in cases of life endangerment, rape, or incest — but plans may cover abortion using segregated state or private funds.","verification":"semi_verified","confidence":"high"},"state_funding_of_providers":{"title":"Providers defunded; repealed referral ban","summary":"Michigan prohibits use of public funds for abortion services and historically restricted public funding of abortion providers; the statutory ban on public-university abortion referrals was repealed; family-planning funds remain restricted by federal and state law.","description":"Michigan does not directly fund abortion providers for abortion services. State law prohibits using public funds for abortion and restricts reimbursement schemes that would indirectly subsidize abortion. The law that prevented public universities from making abortion referrals was repealed in 2023. The state participates in federal Title X family-planning funding, which by federal regulation cannot be used for abortion.","verification":"semi_verified","confidence":"high","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-400-109d"}]}}},"penalties":[{"actor":"Physician — parental consent violation","offense":"Intentional performance of abortion on minor without parental consent or judicial waiver","penalty":"Misdemeanor; also prima facie evidence in civil action for failure to obtain informed consent or interference with family relations; exemplary damages possible","verification":"verified","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-722-907"}]},{"actor":"Any person — coercion to abort","offense":"Coercion of pregnant individual to have abortion against her will","penalty":"For threats/assault: same penalty as underlying offense; for coercion after refusal: misdemeanor, fine up to $5,000 (up to $10,000 if perpetrator is father and individual is minor)","verification":"verified","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-213A"}]},{"actor":"Health professional or facility — improper reimbursement","offense":"Seeking or accepting reimbursement for abortion knowing public funds used in violation of MCL 400.109a","penalty":"Civil penalty (amount not specified in MCL 400.109e(3))","verification":"semi_verified","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-400-109d"}]},{"actor":"Third party — fetal homicide (MCL 750.90b)","offense":"Assault on pregnant individual resulting in miscarriage, stillbirth, or death to embryo or fetus","penalty":"Class C felony (death, max 15 years); Class D felony (great bodily harm, max 10 years); misdemeanor (physical injury, max 93 days / $1,000 fine)","verification":"semi_verified","sources":[{"name":"Michigan Legislature","href":"https://legislature.mi.gov/Laws/MCL?objectName=mcl-777-16d"}]},{"actor":"Third party — manslaughter of unborn quick child (MCL 750.322)","offense":"Willful killing of unborn quick child by injury to mother","penalty":"Manslaughter (felony, max 15 years under MCL 750.321)","verification":"verified","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-322"}]}],"recent_changes":[{"date":"2022-05-17","event":"Michigan Court of Claims granted preliminary injunction blocking enforcement of the 1931 pre-Roe criminal abortion ban in Planned Parenthood of Michigan v. Attorney General.","sources":[{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/planned-parenthood-michigan-v-attorney-general-state-michigan"}]},{"date":"2022-05-25","event":"Governor Whitmer issued Executive Directive 2022-5, directing state agencies not to cooperate with out-of-state investigations into legal reproductive health care.","sources":[{"name":"State of Michigan","href":"https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/05/25/ed-2022-5-reproductive-rights-in-michigan"}]},{"date":"2022-07-13","event":"Governor Whitmer issued Executive Order 2022-4, refusing to honor extradition requests for individuals charged in other states for providing or obtaining lawful reproductive health care.","sources":[{"name":"State of Michigan","href":"https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/07/13/executive-order-2022-4-unavailability-of-interstate-extradition"}]},{"date":"2022-09-07","event":"Michigan Court of Claims issued a permanent injunction striking down the 1931 pre-Roe abortion ban as violating the Michigan Constitution's Due Process and Equal Protection Clauses.","sources":[{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/planned-parenthood-michigan-v-attorney-general-state-michigan"}]},{"date":"2022-11-08","event":"Michigan voters approved Proposal 3 (Reproductive Freedom for All), amending the state constitution to establish a fundamental right to reproductive freedom including abortion. Approved 56.7% to 43.3%.","sources":[{"name":"Michigan Legislature","href":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28"}]},{"date":"2022-12-14","event":"Governor Whitmer issued Executive Directive 2022-13, directing departments to review operations and practices to ensure reproductive freedom is protected consistent with the new constitutional amendment.","sources":[{"name":"State of Michigan","href":"https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/12/14/executive-directive-2022-13"}]},{"date":"2023-04-05","event":"Governor Whitmer signed legislation repealing the 1931 criminal abortion ban (MCL 750.14–.15) and the related advertising/sales prohibition (MCL 750.40).","sources":[{"name":"State of Michigan","href":"https://www.michigan.gov/whitmer/news/press-releases/2023/04/05/governor-whitmer-repeals-michigans-extreme-1931-abortion-ban"}]},{"date":"2023-05-17","event":"Governor Whitmer signed SB 147 amending the Elliott-Larsen Civil Rights Act to prohibit employment discrimination based on termination of pregnancy.","sources":[{"name":"GovDocs","href":"https://www.govdocs.com/michigan-amendment-for-termination-of-pregnancy-discrimination"}]},{"date":"2023-11-21","event":"Governor Whitmer signed the Reproductive Health Act (2023 PA 286), codifying constitutional protections, repealing TRAP laws, the partial-birth abortion ban, and the public-university referral prohibition.","sources":[{"name":"Michigan Legislature","href":"https://capitol.legislature.mi.gov/documents/mcl/pdf/MCL-ACT-286-OF-2023.pdf"}]},{"date":"2023-12-11","event":"Governor Whitmer signed HB 4949, the final piece of the RHA, repealing Michigan's requirement for a separate insurance rider for abortion coverage.","sources":[{"name":"State of Michigan","href":"https://www.michigan.gov/whitmer/news/press-releases/2023/12/11/governor-whitmer-signs-final-piece-of-reproductive-health-act"}]},{"date":"2024-02-06","event":"Northland Family Planning Center v. Nessel filed in Michigan Court of Claims, challenging the 24-hour waiting period, mandatory informed consent, physician-only rule, and coercion screening under the RFFA.","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/cases/eliminating-remaining-barriers-abortion-access-michigan"}]},{"date":"2024-06-25","event":"Michigan Court of Claims granted preliminary injunction blocking enforcement of the 24-hour waiting period, mandatory informed consent, and physician-only rule in Northland v. Nessel.","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ec2c/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2024/24-000011-mm.pdf"}]},{"date":"2024-06-27","event":"YWCA of Kalamazoo sued the state in Michigan Court of Claims, challenging the Medicaid abortion funding ban under the RFFA.","sources":[{"name":"ACLU of Michigan","href":"https://www.aclumich.org/cases/medicaid-ban-on-abortion-care"}]},{"date":"2025-05-13","event":"Michigan Court of Claims issued permanent injunction striking down the 24-hour waiting period, mandatory informed consent, and physician-only rule as unconstitutional under the RFFA; upheld coercion screening.","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"}]},{"date":"2025-07-03","event":"Michigan Court of Claims dismissed YWCA's challenge to the Medicaid abortion ban for lack of standing; YWCA and ACLU of Michigan filed notice of appeal.","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49f796/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000093-mm.pdf"}]}],"pending_changes":[{"name":"YWCA of Kalamazoo v. Michigan (Medicaid funding ban appeal)","type":"litigation","status":"Dismissed for lack of standing by Michigan Court of Claims (July 3, 2025); appeal filed with Michigan Court of Appeals","effect":"If the appeal succeeds in establishing standing and the court reaches the merits, the Medicaid abortion funding ban (MCL 400.109a) could be invalidated under the RFFA, requiring Michigan Medicaid to cover abortion beyond the Hyde categories. A decision on the interpretation of 'effectuate' in the RFFA could have broad implications for state funding of reproductive health services.","sources":[{"name":"Michigan Courts","href":"https://www.aclumich.org/press-releases/aclu-and-ywca-kalamazoo-appeal-dismissal-case-challenging-states-ban-medicaid"}]},{"name":"Northland Family Planning Center v. Nessel (possible appeal)","type":"litigation","status":"Permanent injunction issued May 13, 2025; notice of appeal possible by intervening defendant (People of the State of Michigan)","effect":"If appealed and reversed, the 24-hour waiting period, mandatory informed consent, and physician-only rule could be reinstated. However, state defendants (AG, LARA, DHHS) have conceded these provisions are unconstitutional, reducing the likelihood of enforcement even if reinstated.","sources":[{"name":"Michigan Courts","href":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf"}]},{"name":"Right to Life of Michigan v. Nessel (Elliott-Larsen challenge)","type":"litigation","status":"Filed in federal court (W.D. Mich.) February 6, 2026; Sixth Circuit dismissed appeal May 27, 2026","effect":"This lawsuit challenged the 2023 amendment to Michigan's Elliott-Larsen Civil Rights Act that prohibits employment discrimination based on termination of pregnancy. The Sixth Circuit's dismissal leaves the ELCRA protections intact, reinforcing employer obligations regarding abortion-related discrimination.","sources":[{"name":"State of Michigan — Attorney General","href":"https://www.michigan.gov/ag/news/press-releases/2026/05/27/federal-appeals-court-dismisses-right-to-life-lawsuit"}]},{"name":"Bills to repeal parental consent and expand Medicaid funding (expected in future sessions)","type":"legislation","status":"Democratic legislators have expressed intent to pursue these reforms; no active bill has advanced in the current session; political feasibility depends on composition of legislature","effect":"Repeal of the parental consent law would eliminate Michigan's last major pre-viability restriction on abortion access. Legislation to fund abortion through Medicaid and repeal the 1988 voter-initiated ban would transform abortion access for low-income Michiganders."}],"key_authorities":[{"name":"Reproductive Freedom for All Amendment (RFFA)","citation":"Mich. Const. art. I, § 28 (effective Dec. 24, 2022)","type":"constitution","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-I-28","why":"The supreme source of abortion law in Michigan: establishes reproductive freedom as a fundamental right, requires strict scrutiny for restrictions, permits regulation only after viability with mandatory health exceptions."},{"name":"Reproductive Health Act (RHA)","citation":"2023 Mich. Pub. Acts 286, MCL 333.26101–.26107 (effective Feb. 13, 2024)","type":"statute","url":"https://capitol.legislature.mi.gov/documents/mcl/pdf/MCL-ACT-286-OF-2023.pdf","why":"Statutory codification of constitutional protections; repealed TRAP laws, partial-birth abortion ban, public university referral prohibition, and insurance rider requirement; creates private right of action for violations."},{"name":"Northland Family Planning Center v. Nessel","citation":"No. 24-000011-MM (Mich. Ct. Cl. May 13, 2025)","type":"case","url":"https://www.courts.michigan.gov/49ac99/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000011-mm.pdf","why":"Permanently enjoined the 24-hour waiting period, mandatory informed consent, and physician-only rule as unconstitutional under the RFFA; upheld coercion screening; the leading judicial interpretation of the RFFA."},{"name":"Planned Parenthood of Michigan v. Attorney General","citation":"No. 22-00044-MM (Mich. Ct. Cl. Sept. 7, 2022)","type":"case","url":"https://statecourtreport.org/case-tracker/planned-parenthood-michigan-v-attorney-general-state-michigan","why":"Permanently enjoined the 1931 pre-Roe criminal abortion ban under the Michigan Constitution's Due Process and Equal Protection Clauses; preceded and was superseded by the RFFA and statutory repeal."},{"name":"Parental Rights Restoration Act","citation":"1990 PA 211, MCL 722.901–722.909","type":"statute","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-722-903","why":"Michigan's only remaining pre-viability restriction: requires one-parent consent for minors with judicial bypass; violation is a misdemeanor."},{"name":"Medicaid abortion funding ban","citation":"1987 PA 59, MCL 400.109a (approved by voters Nov. 8, 1988)","type":"statute","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-400-109a","why":"Voter-initiated statute prohibiting use of public funds for abortion except to save the mother's life; challenged under RFFA in pending YWCA litigation."},{"name":"Public Health Code — coercion screening","citation":"MCL 333.17015a (added 2012 PA 499, effective Mar. 31, 2013)","type":"statute","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-333-17015a","why":"Requires oral screening for coercion before abortion; upheld as constitutional under the RFFA in Northland v. Nessel; the only pre-abortion regulatory requirement still in force."},{"name":"Coercion to abort criminal prohibition","citation":"MCL 750.213a (added 2016 PA 149, effective Sept. 7, 2016)","type":"statute","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-213A","why":"Criminalizes coercing a pregnant person to have an abortion against her will; defines 'unborn child' as a 'live human being in utero regardless of gestational stage.'"},{"name":"Fetal assault statute","citation":"MCL 750.90b (added 1998 PA 211, amended 2002 PA 164)","type":"statute","url":"https://legislature.mi.gov/Laws/MCL?objectName=mcl-777-16d","why":"Creates separate offenses for assault causing harm to embryo or fetus at any stage; key fetal-protection law that coexists with — and is cabined by — constitutional abortion protections."},{"name":"Wrongful-death for embryo/fetus","citation":"MCL 600.2922a (added 1998 PA 211, amended 2002 PA 164)","type":"statute","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2922a","why":"Creates civil liability for wrongful or negligent acts causing fetal death; expressly exempts acts by the pregnant individual and lawful medical procedures with consent."},{"name":"YWCA of Kalamazoo v. Michigan","citation":"No. 24-000093-MM (Mich. Ct. Cl. July 3, 2025)","type":"case","url":"https://www.courts.michigan.gov/49f796/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2025/24-000093-mm.pdf","why":"Dismissed the challenge to the Medicaid funding ban for lack of standing; currently on appeal; will test whether 'effectuate' in the RFFA requires public funding of abortion."},{"name":"Executive Orders on Reproductive Health Care (2022-4, 2022-5, 2022-13)","citation":"Mich. Exec. Order No. 2022-4; Exec. Directive Nos. 2022-5 and 2022-13","type":"agency_guidance","url":"https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/07/13/executive-order-2022-4-unavailability-of-interstate-extradition","why":"Provide executive-branch shield protections against out-of-state investigations and extradition for lawful reproductive health care; not statutory and subject to rescission."},{"name":"Elliott-Larsen Civil Rights Act — pregnancy termination amendment","citation":"MCL 37.2202 (amended 2023 PA 147)","type":"statute","url":"https://www.govdocs.com/michigan-amendment-for-termination-of-pregnancy-discrimination","why":"Prohibits employment, housing, public accommodations, and education discrimination based on termination of pregnancy; federal court challenge dismissed."},{"name":"Northland Family Planning Clinic v. Cox (Legal Birth Definition Act)","citation":"487 F.3d 323 (6th Cir. 2007)","type":"case","url":"https://caselaw.findlaw.com/us-6th-circuit/1368516.html","why":"Permanently enjoined Michigan's 2004 partial-birth abortion ban as unconstitutionally vague and an undue burden; statutory underpinnings later repealed by the RHA."},{"name":"Doe v. Department of Social Services (Medicaid funding upheld)","citation":"439 Mich. 650, 487 N.W.2d 166 (1992)","type":"case","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-400-109a","why":"Michigan Supreme Court upheld the Medicaid abortion funding ban against an equal-protection challenge; cited as binding precedent in YWCA litigation, though its reasoning predates the RFFA."}],"research_notes":{"overall_confidence":"high","editor_notes":"This research is current through July 15, 2025. Key items to re-verify before publication: (1) the status of any appeal in Northland Family Planning Center v. Nessel — the May 13, 2025 permanent injunction was a final order, and the People of the State of Michigan may have appealed; (2) the docket in YWCA of Kalamazoo v. Michigan on appeal — the Court of Appeals may have issued a ruling or scheduled oral argument; (3) the federal mifepristone REMS — the FDA's conditions for mifepristone dispensing are subject to administrative change by the current or a future administration; (4) the Michigan Legislature's 2025-2026 session — bills related to parental consent repeal or Medicaid funding expansion may have been introduced after this snapshot; (5) Executive Orders 2022-4, 2022-5, and 2022-13 remain in effect but could be rescinded at any time by the sitting governor. The Michigan DHHS website's Informed Consent for Abortion page notes a June 26, 2024 update reflecting the preliminary injunction; check whether it has been updated to reflect the May 2025 permanent injunction.","gaps":["Whether Michigan Medicaid in practice covers abortion for rape and incest as required by the Sixth Circuit's Engler decision, despite the narrower statutory text of MCL 400.109a — the statutory text says 'life of the mother' only, but federal obligations may require broader coverage.","Whether an appeal of Northland v. Nessel has been or will be filed by the intervening defendant (the People of the State of Michigan); the 21-day appeal period from the May 13, 2025 final order should be verified.","The current status of the YWCA v. Michigan appeal before the Michigan Court of Appeals — docket number and briefing schedule.","Whether any local ordinances in Michigan counties or municipalities attempt to restrict abortion access or travel assistance; no such ordinances were identified during this research, but a comprehensive local-law survey was beyond the scope.","The precise enforceability of MCL 333.17515 (requiring physician compliance with MCL 333.17015) now that the substantive provisions of MCL 333.17015 have been declared unconstitutional."]}}