Michigan Abortion Law 2026: Is Abortion Legal in Michigan?
Short answer
Yes. Abortion is legal in Michigan. Article 1, Section 28 of the Michigan Constitution, approved by voters in 2022, protects reproductive freedom. The state may restrict abortion after viability only if a health professional does not find it necessary to protect the patient’s life or health.
Last verified: October 26, 2026 against Const 1963, art 1, § 28, MCL 333.17015, MCL 722.903 and Michigan Court of Claims orders
Is abortion legal in Michigan? Yes. The Michigan abortion law that most people remember, the 1931 ban, is gone, and the right to abortion is now written into the state constitution. That means lawmakers cannot bring the old ban back with a simple vote.
Michigan has no fixed week limit. The dividing line is fetal viability, and a few older rules remain on the books, including the parental consent law for minors. This page explains what the law allows, how many weeks apply, what changed in 2025 and 2026, and what is still being decided in court.
Key facts
- Abortion is a constitutional right in Michigan under Const 1963, art 1, § 28 (Proposal 3 of 2022).
- There is no set number of weeks. After viability, the state may regulate abortion but cannot ban one a health professional judges necessary to protect the patient’s life or physical or mental health.
- The 1931 abortion ban was repealed on April 5, 2023.
- A Court of Claims judge struck down the 24-hour waiting period, the scripted counseling and the ban on advanced practice clinicians on May 13, 2025. An appeal is pending in the Michigan Court of Appeals.
- The parental consent law for minors,
MCL 722.903, is still on the books and we found no court order blocking it. Whether Proposal 3 overrides it is unsettled, so confirm with a provider. - Public Medicaid funding for abortion remains limited, and the separate insurance rider requirement was repealed in December 2023.
Is abortion legal in Michigan right now?
Yes. Abortion is legal in Michigan today, and no court order or new law has banned it as of October 26, 2026. Voters approved Proposal 3 in November 2022, adding a right to reproductive freedom to the state constitution.
The amendment protects decisions about pregnancy, birth control, abortion care, miscarriage care and more. It also bars the state from penalizing a person for their pregnancy outcome, or for helping someone else exercise the right.
Courts have also kept it in place. On May 26, 2026, the 6th Circuit Court of Appeals affirmed the dismissal of a federal lawsuit by Right to Life of Michigan that tried to invalidate the amendment. The ruling rested on standing, so it did not decide the merits, but Article 1, Section 28 remains in effect. News reports said the appeal later centered on the state’s parental consent law.
Is abortion illegal in Michigan after a certain number of weeks?
Michigan sets no number of weeks. The cutoff is fetal viability, which the constitution defines as a significant likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures.
Before viability, the decision belongs to the patient and the health professional. After viability, the state may regulate abortion, but it cannot prohibit one that a health care professional judges medically indicated to protect the patient’s life or physical or mental health. Many sources put typical viability near 24 weeks, but the constitution names no week, and the provider decides case by case.
| Stage | What Michigan law says |
|---|---|
| Before viability | Legal. The state needs a compelling interest, tied to patient health and accepted clinical standards, to restrict it. |
| After viability | The state may regulate, but an abortion a health professional judges necessary to protect life or physical or mental health cannot be banned. |
| Old 1931 ban | Repealed April 5, 2023. It no longer applies. |
What happened to the 1931 abortion ban?
It was repealed. The 1931 law made providing an abortion a felony, and it stayed on the books for decades. After the U.S. Supreme Court overturned Roe v. Wade in 2022, a Michigan judge blocked it, and voters then approved Proposal 3.
Governor Gretchen Whitmer signed the repeal on April 5, 2023, through House Bill 4006 (2023 PA 11). It repealed the felony for giving a drug or using an instrument to cause a miscarriage, and the misdemeanor for advertising or selling drugs meant to cause an abortion. Michigan is not a state with an abortion ban, so searches for a Michigan abortion ban or whether abortions are banned in Michigan lead to a repealed law.
What is the Reproductive Health Act in Michigan?
It is a package of bills Governor Whitmer signed in late 2023 to bring state statutes in line with Proposal 3. She signed most of the bills on November 21, 2023, including Senate Bills 474, 476 and 477 (2023 PA 209, 2023 PA 206 and 2023 PA 207). She signed the last piece, House Bill 4949 (2023 PA 286), on December 11, 2023.
- It repealed clinic building rules that the governor’s office called “TRAP laws.”
- It repealed a 1931 provision that would have made prescribing medication abortion a crime.
- It ended the requirement to buy a separate insurance rider to cover abortion.
What changed in 2025 and 2026?
The biggest change was a court ruling on May 13, 2025. In Northland Family Planning Centers v Attorney General, Court of Claims Judge Sima Patel struck down parts of MCL 333.17015 as violating the constitutional amendment.
| Rule | Status as of October 26, 2026 |
|---|---|
| 24-hour waiting period | Struck down May 13, 2025; enforcement blocked |
| Scripted informed-consent counseling | Struck down May 13, 2025; enforcement blocked |
| Ban on advanced practice clinicians performing abortions | Struck down May 13, 2025; enforcement blocked |
Coercion screening (MCL 333.17015a) | Upheld by the trial court; plaintiffs cross-appealed |
| State appeal | Appeal by the intervening defendant filed in 2025; plaintiffs’ cross-appeal allowed and appeals consolidated December 15, 2025; pending, no decision found |
The judge rejected the old “undue burden” test from Planned Parenthood v Casey. Instead, she applied strict scrutiny, which means a restriction needs a compelling reason tied to patient health and must be the least restrictive way to meet it.
The appeal was brought by the party that intervened to defend the law, not by the Attorney General, who moved to dismiss it. Because the appeal is still pending, a higher court could change the outcome. For now, you do not have to wait 24 hours or hear a scripted statement before an abortion in Michigan.
Are abortion pills legal in Michigan?
Yes. Medication abortion is legal in Michigan, and the Reproductive Health Act removed the 1931 provision that treated prescribing it as a crime. Because the court ruling lifted the advanced practice clinician ban, nurse practitioners and other advanced practice clinicians can now be part of abortion care.
Federal court fights have also put abortion pills in the news. On May 14, 2026, the U.S. Supreme Court blocked a 5th Circuit order in Louisiana v. FDA that would have halted telehealth and mail prescribing of mifepristone. The case itself continues in the 5th Circuit, and the order is not a final ruling. Federal rules, not Michigan law, drive that issue, so check with your provider for the current options.
Can minors get an abortion in Michigan?
Yes, but a minor under 18 needs permission from a parent or a judge. Under MCL 722.903, a provider may not perform an abortion on a minor without written consent from the minor and one parent or legal guardian.
If a parent is unavailable, refuses, or the minor does not want to ask, the minor may petition the probate court for a waiver. The statute asks for one parent, not both.
This differs from Illinois, which repealed its parental notice rule in December 2021, effective June 1, 2022. Whether Proposal 3 overrides the Michigan consent law has not been settled. We found no court order blocking it and no ruling on that question, so treat it as in force and ask a provider or a licensed attorney about your situation.
Who pays for abortion care in Michigan?
Private insurance is more open than it used to be, while public funding is still limited. Michigan used to make people buy a separate rider to get abortion coverage in a private plan. House Bill 4949 repealed that rule in December 2023.
Medicaid is different. MCL 400.109a, a law voters approved in 1988, bars public funds for abortion unless it is needed to save the patient’s life. Federal rules also require coverage for pregnancies from rape or incest, so Medicaid coverage is limited to those cases. On July 3, 2025, the Court of Claims dismissed a challenge to that limit because the nonprofit that sued, YWCA Kalamazoo, lacked standing. The court did not decide the merits, and the plaintiff has appealed. Self-funded employer plans follow federal rules, so call your plan about your specific coverage.
Michigan abortion laws: timeline from 2022 to 2026
| Date | Change | Source |
|---|---|---|
| September 7, 2022 | Judge blocks the 1931 ban | Court of Claims |
| November 2022 | Voters approve Proposal 3 | Const 1963, art 1, § 28 |
| April 5, 2023 | 1931 ban repealed | House Bill 4006 (2023 PA 11) |
| November 21 and December 11, 2023 | Reproductive Health Act signed; insurance rider repealed | House Bill 4949 (2023 PA 286) and related bills |
| May 13, 2025 | Waiting period, counseling and clinician ban struck down | MCL 333.17015 |
| July 3, 2025 | Challenge to Medicaid abortion funding limit dismissed | Court of Claims |
| September 16, 2025 | Appeal by intervening defendant filed in Court of Appeals | Michigan Court of Appeals |
| May 26, 2026 | 6th Circuit affirms dismissal of suit against the amendment | Right to Life of Michigan lawsuit |
How Michigan compares with its neighbors
Michigan is among the most protective states in the region. Rules next door differ a lot.
| State | Status as reported in 2026 |
|---|---|
| Michigan | Legal; constitutional right; state may regulate after viability |
| Ohio | Voters approved a 2023 constitutional amendment protecting abortion before viability |
| Indiana | Illegal with narrow exceptions, including life, physical health, lethal fetal anomalies (through 20 weeks after fertilization) and rape or incest (through 10 weeks after fertilization) |
| Wisconsin | Legal until 20 weeks since fertilization; the state Supreme Court struck down the 1849 ban on July 2, 2025 |
Myths vs. facts about Michigan abortion law
| Myth | Fact |
|---|---|
| Michigan still has an abortion ban from 1931. | It was repealed on April 5, 2023. |
| Michigan sets a 15 or 20 week limit. | There is no fixed number of weeks. The line is viability. |
| You must wait 24 hours. | A court struck down the waiting period on May 13, 2025, and the appeal is pending. |
| Minors can decide alone. | Not under the current statute. MCL 722.903 requires written parental consent or a probate court waiver, and we found no ruling blocking it. |
| Lawmakers can ban it by passing a bill. | The right is in the constitution, so a ban would face the amendment. |
How Illinois compares: Illinois protects abortion by statute, the Reproductive Health Act (775 ILCS 55), instead of a constitutional amendment. Like Michigan, it sets no fixed week and draws the line at viability. Illinois has no waiting period or required ultrasound, and since June 1, 2022 it has required no parental notice for minors (the repeal was signed in December 2021).
Frequently asked questions
Is abortion legal in Michigan?
Yes. Const 1963, art 1, § 28 protects reproductive freedom, and the 1931 ban was repealed on April 5, 2023. The state can regulate abortion after viability, but it cannot ban one a health professional finds necessary to protect the patient’s life or physical or mental health.
Are abortions legal in Michigan after 15 weeks?
Yes. Michigan has no 15 or 20 week limit. The legal line is fetal viability, which the provider decides case by case. Many sources put typical viability around 24 weeks, but neither the constitution nor the statutes name a week.
Is abortion illegal in Michigan if you are a minor?
No, but you need permission. Under MCL 722.903, a minor needs written consent from the minor and one parent or guardian, or a waiver from the probate court.
Is there still a waiting period for abortion in Michigan?
No. A Court of Claims judge struck down the 24-hour waiting period on May 13, 2025, and blocked its enforcement. An appeal was filed in 2025 and is pending, so a higher court could revisit the decision. Check with your provider for current practice.
Are abortion pills banned in Michigan?
No. Medication abortion is legal, and the Reproductive Health Act removed the 1931 provision that criminalized prescribing it. Federal litigation over mifepristone is ongoing, so ask a licensed provider which options are available when you need care.
Is it illegal to get an abortion in Michigan if you live in another state?
No. Michigan care is open to out-of-state patients. Your home state may have its own rules about travel or mailed medication, so ask a licensed attorney in that state if you have concerns.
Does Michigan insurance cover abortion?
Often yes for private plans, since the separate rider requirement was repealed in December 2023. Medicaid coverage is limited to cases that save the patient’s life or involve rape or incest. Self-funded employer plans follow federal rules, so call your plan.
What changed on this page
- October 26, 2026: First published. Covers Proposal 3 (2022), the April 5, 2023 repeal of the 1931 ban, the Reproductive Health Act (November and December 2023), the May 13, 2025 Court of Claims ruling and the May 26, 2026 6th Circuit decision. See our editorial policy and corrections page.
If this affects you
For questions about clinic licensing or health care rules, contact the Michigan Department of Health and Human Services. For insurance denials, contact the Michigan Department of Insurance and Financial Services. If you face a legal problem, speak with a licensed Michigan attorney. The State Bar of Michigan lawyer referral service can connect you with one. This page gives general legal information and is not legal advice.
More laws in this area are in Health & Privacy, and the full Michigan library is at Michigan laws.
