Michigan
Ranking: 18
- Michigan possesses an enforceable abortion prohibition should the U.S. Constitution be amended or certain U.S. Supreme Court decisions be reversed or modified.
- Michigan prohibits partial-birth abortion.
- A physician may not perform an abortion on a woman until at least 24 hours after the woman receives information on the probable gestational age of her unborn child, along with state-prepared information or other material on prenatal care and parenting, the development of the unborn child, a description of abortion procedures and their inherent complications, and assistance and services available through public agencies.
- Women must be informed of the availability of ultrasounds and be given the opportunity to view the results of an ultrasound prior to abortion.
- A physician may not perform an abortion on an unemancipated minor under the age of 18 without the written consent of one parent unless there is a medical emergency or the minor obtains a court order.
- The Michigan Attorney General has issued opinions that the state’s informed consent and parental consent statutes apply both to surgical abortions and to the use of mifepristone (RU-486).
- Under Michigan law, abortion clinics (where more than 50 percent of the patients served undergo abortions) are regulated as “freestanding surgical outpatient facilities.” The regulations provide for minimum health and safety standards in such areas as clinic administration, staff qualifications, and physical plant.
- Michigan limits the performance of abortions to licensed physicians.
- Michigan has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC). The measure pertains to both surgical and nonsurgical abortions and requires abortion providers to report short-term complications.
- Michigan follows the federal standard for Medicaid funding for abortions, only permitting the use of federal or state matching Medicaid funds for abortions necessary to preserve the life of the woman or when the pregnancy is the result of rape or incest.
- Michigan prohibits organizations that receive state funds from using those funds to provide abortion counseling or to make referrals for abortion, and only permits ultrasound grants if they will not be used for assisting in the performance of elective abortions.
- Family planning funds are prioritized for organizations which do not perform elective abortions within a facility owned or operated by the organization, make referrals for abortions, or have written policies which consider abortion a method of family planning.
- The Michigan Civil Rights Commission has issued a declaratory order that certain companies (with 15 or fewer employees) that offer prescription coverage must cover birth control. The state requires health maintenance organizations (HMOs) to cover prescription contraception or family planning services.
- Under Michigan law, the killing of an unborn child at any stage of gestation is defined as a form of homicide.
- Michigan defines criminal assaults on a pregnant woman that result in miscarriage, stillbirth, or “damage to pregnancy” as an enhanced offense for sentencing purposes.
- Michigan defines a nonfatal assault on an unborn child as a crime.
- Michigan has applied the affirmative defense of “defense of others” to cases where a woman uses force (including deadly force) to protect her unborn child.
- The state allows a wrongful death (civil) action when an unborn child at any stage of development is killed through a negligent or criminal act.
- The state has created a specific affirmative duty of physicians to provide medical care and treatment to infants born alive at any stage of development.
- Michigan requires healthcare professionals to report suspected prenatal drug exposure.
- In November 2008, voters passed a “Stem Cell Initiative,” amending the state constitution to legalize destructive embryo research and to allow the funding of research on human embryos.
- Further, Michigan does not maintain a comprehensive ban on fetal experimentation, prohibiting only experimentation on live fetuses and allowing research on dead fetuses with the consent of the mother.
- The Michigan Legislature has directed the state to establish a state-wide network of cord blood stem cell banks and to promote public awareness and knowledge about the banks and banking options, if funds are available.
- Michigan does not maintain any meaningful regulation of assisted reproductive technologies.
- In Michigan, assisted suicide is a felony.
- A physician, nurse, medical student, nursing student, or individual who is a member of, associated with, or employed by a hospital, institution, teaching institution, or healthcare facility who objects on religious, moral, ethical, or professional grounds is not required to participate in abortions.
- A hospital, institution, teaching institution, or healthcare facility is not required to participate in abortion, permit an abortion on its premises, or admit a woman for the purposes of performing an abortion.
- Michigan currently provides no protection for the rights of healthcare providers who conscientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.
- Michigan considered legislation strengthening its existing informed consent requirements (including ultrasound, reflection period, and anti-coercion measures), parental involvement mandates, and abortion clinic regulations. It also considered legislation regulating the provision of abortion-inducing drugs and a prohibition of abortion at or after 20 weeks gestation.
- The state also considered legislation supporting pregnancy care centers including direct funding and a resolution commending their life-saving work.
- Michigan considered a resolution opposing the U.S. Department of Health and Human Services (HHS) mandate that nearly all insurance plans fully cover “all FDA approved contraceptives” (which includes the abortion-inducing drug ella), as well a competing resolution supporting the HHS mandate.
- The state considered a measure authorizing fetal death certificates and/or prescribing standards for the burial or disposal of fetal remains.
- Michigan also considered measures relating to advance planning documents and pain management and palliative care.
- Abortion Mandate Opt-Out Act
- Defunding the Abortion Industry and Advancing Women’s Health Act
- Women’s Health Defense Act
- Abortion Patients’ Enhanced Safety Act
- Coercive Abuse Against Mothers Prevention Act
- Abortion-Inducing Drugs Safety Act
- Child Protection Act
- Joint Resolution Commending Pregnancy Centers
- Promotion of ethical forms of research
- Assisted Reproductive Technologies Disclosure and Risk Reduction Act
- Healthcare Freedom of Conscience Act
