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Michigan Abortion Laws

Despite the Supreme Court's Roe v. Wade ruling in 1973, which federally legalized abortion, states are free to regulate the procedure in many ways. All states restrict abortion in some ways, most often by prohibiting abortions in the third trimester. Michigan abortion laws are unique in that they require women to purchase separate add-ons to their health insurance policies in order to have coverage for abortions.

Learn more about Michigan abortion laws in the following table. 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 Requirements apply even if minor is not resident
Physician Licensing Requirements Only a licensed physician may perform abortions; clinics must be licensed by the state in order to legally operate.
Medical Insurance Coverage Women must purchase separate insurance riders (add-ons) in order to have coverage for abortions (state law prohibits all general insurance plans from covering the procedure).

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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