Is Abortion Legal in Michigan
Yes. Abortion is legal in Michigan, and the state constitution protects it. Article I, section 28 gives every person “a fundamental right to reproductive freedom,” covering abortion, contraception, miscarriage care and infertility care. The state cannot restrict that right unless it has a compelling reason tied to the patient’s health, achieved by the least restrictive means (Michigan Constitution).
Key facts
- Voters approved Proposal 3 with 56.7% on November 8, 2022 (Ballotpedia).
- The amendment took effect December 24, 2022 (Michigan Constitution).
- The 1931 ban is repealed, effective February 13, 2024 (MCL 750.14).
- A court struck the 24-hour waiting period on May 13, 2025 (Attorney General).
Michigan law sets no gestational limit, according to the national tracker our abortion laws by state page uses. The constitution would let the state regulate abortion after viability. Even then, it could not bar one a provider says is needed for the patient’s life or health.
What Proposal 3 Says
Proposal 3 passed by 583,476 votes and wrote five rules into the Michigan Constitution. It covers more than abortion: it also reaches prenatal care, childbirth, postpartum care, contraception and sterilization (Ballotpedia).
- Yes on Proposal 3 (56.7%)
- No on Proposal 3 (43.3%)
Source: Ballotpedia, certified results; 4,381,288 votes cast on the measure.
What Article I, section 28 of the Michigan Constitution does
Source: Michigan Constitution of 1963, Article I, section 28
Michigan Abortion Laws Repealed Since 2022
Since Proposal 3, Michigan has repealed or lost in court most of its older abortion restrictions. The milestones run from the 2022 vote, to the 1931 ban’s repeal in 2023, to the Reproductive Health Act that November, to a 2025 court ruling on the waiting period.
- Voters approve Proposal 3
- Reproductive freedom amendment takes effect
- Legislature repeals the 1931 abortion ban
- Reproductive Health Act repeals clinic rules
- Court strikes the 24-hour waiting period
: Nov 2022: Voters approve Proposal 3. Dec 2022: Reproductive freedom amendment takes effect. 2023: Legislature repeals the 1931 abortion ban. Nov 2023: Reproductive Health Act repeals clinic rules. May 2025: Court strikes the 24-hour waiting period.
November 8, 2022: Voters approved Proposal 3 with 56.7% (Ballotpedia).
December 24, 2022: The amendment took effect as Article I, section 28 (Michigan Constitution).
2023: The Legislature repealed the 1931 ban through Public Act 11, effective February 13, 2024 (MCL 750.14).
November 21, 2023: Governor Whitmer signed the Reproductive Health Act. It repealed rules aimed only at abortion clinics, such as hallway widths and ceiling heights, and the law requiring a separate insurance rider for abortion coverage (Office of the Governor).
May 13, 2025: The Michigan Court of Claims struck down the 24-hour waiting period. It also struck the required consent material and the ban on advanced practice clinicians, such as nurse practitioners, providing abortions (Attorney General).
Abortion in Michigan and Neighboring States
Michigan has no gestational limit, while Indiana bans abortion and Ohio and Wisconsin allow it to about 22 weeks. The figures come from the same national dataset as our 50-state page.
Abortion limits in Michigan, Indiana, Ohio and Wisconsin
Source: Resist Now abortion laws by state dataset (KFF tracker and court rulings)
Where Things Stand
Michigan abortion laws
As of October 1, 2026
- Right to reproductive freedom (Proposal 3) Law, In the state constitution since December 24, 2022
Article I, section 28 protects abortion; the state may regulate it after viability but never bar one needed for the patient's life or physical or mental health. (source)
- 1931 abortion ban Ended, Repealed
The Legislature repealed the 1931 ban in 2023 (Public Act 11); the repeal took effect February 13, 2024. (source)
- Clinic rules and the insurance rider (Reproductive Health Act) Ended, Repealed in 2023
Governor Whitmer signed the Reproductive Health Act on November 21, 2023, repealing the targeted clinic rules and the separate abortion insurance rider. (source)
- 24-hour waiting period and mandated consent material Blocked by a court, Court of Claims, May 13, 2025
On May 13, 2025, the Court of Claims ruled the 24-hour wait, the uniform consent material and the ban on advanced practice clinicians unconstitutional. (source)
Source: Michigan Constitution; Michigan Compiled Laws; Office of the Governor; Michigan Attorney General
Michigan Abortion Questions
Is abortion legal in Michigan?
Yes. Since December 24, 2022, the Michigan Constitution has protected a right to reproductive freedom, including abortion. The state may regulate abortion after viability. It may never bar an abortion a provider says is needed to protect the patient’s life or health.
Is there a waiting period for abortion in Michigan?
Not now. On May 13, 2025, the Michigan Court of Claims struck down the 24-hour waiting period. The same ruling struck the required consent material and the rule that only doctors may provide abortions.
What was Proposal 3 in Michigan?
A 2022 ballot measure that added a right to reproductive freedom to the state constitution. It passed on November 8, 2022, with 56.7% of the vote.
Did Michigan repeal its 1931 abortion ban?
Yes. The Legislature repealed it in 2023 through Public Act 11, which took effect February 13, 2024.
Can the state prosecute someone for a miscarriage or for helping with an abortion?
The constitution says no. The state may not punish anyone for a miscarriage, stillbirth or abortion. It also may not punish someone who helps a pregnant person, with their consent, use this right.
What You Can Do
- Know the right. Share the text of Article I, section 28 with anyone who thinks Michigan still has its 1931 ban.
- Help people traveling from Indiana. Our abortion laws by state page lists the rules in every state.
- Ask your state legislators where they stand. Every seat in the Legislature is on the November 3, 2026 ballot, along with the governor and attorney general who defend these laws in court. See our Michigan governor race guide.
- Write your representative using our letter-writing guide.