After Roe Fell: U.S. Abortion Laws by State

Protected

Michigan

Michiganders have approved Prop 3, which enshrines reproductive freedom in the Michigan constitution.

State Legal Details

Restrictions in Effect

  • Parental Involvement, Parental Consent Requirement
  • Waiting Period Requirement

Restrictions

Michigan law permits the regulation of abortion after viability, with an exception to protect the pregnant person’s life or physical or mental health.1 Health care providers can determine whether an abortion after viability is medically indicated based on factors relevant to the pregnant person’s well-being, including their age and physical, emotional, psychological, and family considerations.2.

In May 2025, the Michigan Court of Claims permanently enjoined the mandatory twenty-four-hour waiting period and the physician-only law.3 Michigan limits public funding for abortion care.4 Michigan law generally requires that a parent, legal guardian,5 or judge6 consent to a minor’s abortion. Providers who violate Michigan’s abortion restrictions may face civil and criminal penalties.7

State Protections

On November 8, 2022, voters in Michigan approved a constitutional amendment that enshrined reproductive freedom in the state constitution.8 It went into effect 45 days later.9 In December 2022, the governor directed the state government to identify ways to protect abortion access, including refusing to cooperate with other states that try to investigate or prosecute patients.10

The Governor of Michigan has issued executive orders that prohibit executive branch departments and agencies with enforcement responsibilities from providing assistance or cooperating with out-of-state investigations,11 as well as a prohibition on the Office of the Governor from enforcing extraditions that arise from the provision of reproductive health care that is provided legally.12 As of 2023, discrimination based on pregnancy termination is prohibited in employment, housing, public accommodations, and education.13

As of 2024, Michigan law includes state statutory protection for abortion as a fundamental right.1 It states, in part:

Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including, but not limited to, prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means. 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. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.0

Michigan protects clinic safety by prohibiting trespassing and harassment.15

Post-Roe Prohibitions

In April 2023, Michigan repealed its 1931 pre-Roe ban, 16 which had been permanently enjoined as unconstitutional.17

Conclusion

Now that the Supreme Court has overturned Roe, Michiganders have approved Prop 3, which enshrines reproductive freedom in the Michigan constitution.

  1. H.B. 4949, 102nd Leg., Reg. Sess. (Mi. 2023). ↩︎
  2. Id. ↩︎
  3. Mich. Comp. Laws u00a7 333.17015. See Northland Family Planning v. Attu2019y Gen. of Michigan, No. 24-000011-MM (Mich. Ct. Cl. May 13, 2025) ↩︎
  4. Id. u00a7 400.109a. ↩︎
  5. MICH. COMP. LAWS u00a7 722.903. ↩︎
  6. Id. u00a7 722.904. ↩︎
  7. See, e.g., id. u00a7 722.907. ↩︎
  8. Repro. Freedom for All, https://mireproductivefreedom.org/ (last visited Oct. 6, 2022). Lindsay Whitehurst, Abortion rights protected in Michigan, California, Vermont, AP News (Nov. 9, 2022). Previously, in Mahaffey v. Attorney General, the Court of Appeals of Michigan specifically held that that the state constitution adopted in 1963 does not u201cestablish a constitutional right to abortion.u201d 564 N.W.2d 104, 110 (1997). ↩︎
  9. MI CONST Art. 12, u00a7u20022. ↩︎
  10. Exec. Dir. No. 2022-13 (Dec. 14, 2022). ↩︎
  11. Mich. Exec. Order No. 2022-5 (May 25, 2022) https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/05/25/ed-2022-5-reproductive-rights-in-michigan. ↩︎
  12. Mich. Exec. Order No. 2022-4 (Jul. 13, 2022) https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/07/13/executive-order-2022-4-unavailability-of-interstate-extradition. ↩︎
  13. S.B. 147, 102nd Leg., Reg. Sess. (Mi. 2023). ↩︎
  14. H.B. 4949, 102nd Leg., Reg. Sess. (Mi. 2023). ↩︎
  15. MICH. COMP. LAWS u00a7 333.20198(1). ↩︎
  16. H.B. 4006,u00a0102ndu00a0Leg., Reg. Sess. (Mi.u00a02023),u00a0repealingu00a0u00a7u00a7 750.14-15; S.B. 2, 102ndu00a0Leg., Reg. Sess. (Mi. 2023),u00a0repealingu00a0u00a7 750.40.u00a0See alsou00a0Mich. Comp. Lawsu00a0u00a7u00a0750.323;u00a0People v. Bricker 389 Mich. 524, 527 (1973)(holding Michigan law must be read to be consistent with the United States Constitution and therefore that whatever pieces of the criminal abortion law remain constitutional underu00a0Roeu00a0are still binding law).u00a0Contra People v. Higuera, 244 Mich. App. 429, 435, 625 N.W.2d 444, 448 (2001) (holdingu00a0the pre-Roeu00a0banu00a0hadu00a0not been repealed by implication). ↩︎
  17. Planned Parenthood of Mich. et. al. v. Attu2019y Gen. of Michigan, No. 22-00044-MM (Mich. Ct. Cl. Sep. 7, 2022)(finding that the ban violates the rights of bodily autonomy and personal autonomy protected by the Due Process Clause of the Michigan Constitution, art. 1, u00a7 17, and the Equal Protection Clause of the Michigan Constitution, art. 1, u00a7 2). ↩︎