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

Protected

Michigan

Abortion rights in Michigan remain strongly protected, with constitutional and statutory protections for reproductive freedom, including abortion care.

State Legal Details

Restrictions in Effect

  • Parental Involvement, Parental Consent Requirement

State Protections

On November 8, 2022, Michigan voters approved an amendment to the Michigan Constitution to establish a fundamental right to reproductive freedom, including “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.”1 In 2023, Michigan enacted the Reproductive Health Act (“RHA”), providing statutory protection for abortion as a fundamental right.2

In 2022, Governor Gretchen Whitmer issued a series of executive orders designed to safeguard abortion access in Michigan. One of the orders bars executive branch departments and agencies from assisting or cooperating with out-of-state investigations related to legally provided reproductive health care and prohibits the Office of the Governor from enforcing extradition requests arising from such care.3 Governor Whitmer also directed state departments and agencies to identify ways to protect reproductive health care.4 As of February 2024, discrimination based on pregnancy termination is prohibited in employment, housing, public accommodations, and education.5

Michigan protects clinic safety by prohibiting trespassing and harassment.6

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.7 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.8.

Michigan requires that abortion providers orally screen patients for coercion.9 Michigan limits public funding for abortion care, except where necessary to save the life of the pregnant person.10 Michigan law generally requires that a parent, legal guardian,11 or judge12 consent to a minor’s abortion, but the consent requirement is waived in the case of a medical emergency.13 Providers who violate Michigan’s abortion restrictions may face civil and criminal penalties.14

Historical Restrictions

In April 2023, Michigan repealed its 1931 pre-Roe ban, 15 which had been permanently enjoined as unconstitutional.16 Michigan repealed its Targeted Regulation of Abortion Providers (“TRAP”) laws in 2023 through its enactment of the RHA.17 In May 2025, the Michigan Court of Claims permanently enjoined the mandatory twenty-four-hour waiting period requirement and the physician-only requirement—holding that these restrictions violated the Michigan Constitution’s guarantee of reproductive freedom.18 The Court also struck down Michigan’s uniform informed consent requirements, including mandatory counseling and ultrasound-image provisions.19

Conclusion

Now that the Supreme Court has overturned Roe, abortion rights in Michigan remain strongly protected, with constitutional and statutory protections for reproductive freedom, including abortion care.

  1. Mich. Const. art. I § 28 (effective Dec. 24, 2022). The Court of Appeals of Michigan previously held that the state constitution adopted in 1963 did not “establish a constitutional right to abortion.” Mahaffey v. Attorney General, 564 N.W.2d 104, 110 (1997). ↩︎
  2. Mich. Comp. Laws Ann. §§ 333.26101–.26107 (Stating, “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 . . .”). ↩︎
  3. Mich. Exec. Order No. 2022-4, Unavailability of Interstate Extradition (Jul. 13, 2022), https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/07/13/executive-order-2022-4-unavailability-of-interstate-extradition. ↩︎
  4. Mich. Exec. Order No. 2022-5, Reproductive Rights in Michigan (May 25, 2022), https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/05/25/ed-2022-5-reproductive-rights-in-michigan; Mich. Exec. Order No. 2022-13, Constitutional Right to Reproductive Freedom (Dec. 14, 2022), https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/12/14/executive-directive-2022-13.   ↩︎
  5. Mich. Comp. Laws Ann. §§ 37.2201, 37.2202. ↩︎
  6. Mich. Comp. Laws Ann. § 333.20198(1). ↩︎
  7. Mich. Comp. Laws Ann. § 333.26103(1)(c). ↩︎
  8. Mich. Comp. Laws Ann. § 333.26103(2). ↩︎
  9. Northland Family Planning v. Att’y Gen. of Michigan, No. 24-000011-MM (Mich. Ct. Cl. May 13, 2025). ↩︎
  10. Mich. Comp. Laws Ann. § 400.109a. ↩︎
  11. Mich. Comp. Laws Ann. § 722.903. ↩︎
  12. Mich. Comp. Laws Ann. § 722.904. ↩︎
  13. Mich. Comp. Laws Ann. § 722.905. ↩︎
  14. Mich. Comp. Laws Ann. § 722.907. ↩︎
  15. 2023 Mich. Pub. Acts 11, repealing Mich. Comp. Laws Ann §§ 750.14–15; 2023 Mich. Pub. Acts 12, repealing § 750.40. See also Mich. Comp. Laws Ann § 750.323; People 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 under Roe are still binding law). Contra People v. Higuera, 244 Mich. App. 429, 435, 625 N.W.2d 444, 448 (2001) (holding the pre-Roe ban had not been repealed by implication). ↩︎
  16. Planned Parenthood of Mich. et. al. v. Att’y Gen. of Michigan, No. 22-00044-MM (Mich. Ct. Cl. Sept. 7, 2022) (finding that the pre-Roe ban violates the rights of bodily autonomy and personal autonomy protected by the Due Process Clause of the Michigan Constitution, art. 1, § 17, and the Equal Protection Clause of the Michigan Constitution, art. 1, § 2). ↩︎
  17. Mich. Comp. Laws Ann. §§ 333.26101–.26107; see also Governor Whitmer Signs Reproductive Health Act, Executive Office of the Governor, https://www.michigan.gov/whitmer/news/press-releases/2023/11/21/governor-whitmer-signs-reproductive-health-act (Nov. 21, 2023) (identifying TRAP laws as “medically unnecessary and burdensome restrictions” that are “designed specifically to close abortion providers” and “have nothing to do with a clinic’s ability to deliver care”). ↩︎
  18. Northland Family Planning v. Att’y Gen. of Michigan, No. 24-000011-MM (Mich. Ct. Cl. May 13, 2025). ↩︎
  19. Northland Family Planning v. Att’y Gen. of Michigan, No. 24-000011-MM (Mich. Ct. Cl. May 13, 2025). ↩︎

Kansas: A Win 3 Years in the Making

A Kansas court just struck down dangerous abortion restrictions. Donors like you made this win possible. Keep the momentum going!

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