Q2. What are the exceptions, exemptions or affirmative defenses to your state’s abortion laws, and what must physicians show or report in order to invoke those exceptions?
Michigan law does not include any explicit exceptions for rape or incest.
Under Mich. Const. Art. 1 § 28, the right to abortion is subject to infringement only by a compelling state interest, as defined in the amendment. The state may regulate the provision of abortion post-viability; however the state's regulation shall in no case prohibit abortion when necessary in order to save the life or physical or mental health of the pregnant individual.
Q2 Last Updated:
8/22/2025
Q3. What are the laws relating to minors accessing abortion in this state?
Note: the below laws do not supplant the state's abortion restrictions, they merely add additional requirements for minors.
Prior to performing an abortion on an unemancipated minor, Michigan law generally requires the consent of the minor and one of their parents or guardians prior to the performance of an abortion. Mich. Comp. Laws § 722.903. Judicial bypass: If a minor cannot obtain parental consent or elects not to, the minor may petition the probate court for waiver of consent, pursuant to the requirements of §722.904. The court should grant a waiver of consent if it finds either that a) the minor is sufficiently mature and well-enough informed to make the decision regarding abortion independently of her parents or legal guardian; or b) the waiver would be in the best interests of the minor. Id. at (3). Parental consent requirements do not apply to an abortion performed pursuant to an emergency. §722.905.
Q3 Last Updated:
8/22/2025