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Michigan

Post-Viability Abortion Restriction

Michigan's post-viability abortion restriction states that any person who intentionally causes an abortion that is not necessary to preserve the woman's life is guilty of manslaughter if it occurs after "quickening."  Mich. Comp. Laws Ann. § 750.323 (Enacted 1931).  A court interpreted this law to apply only to viable fetuses and declared it constitutional.  Larkin v. Cahalan, 208 N.W.2d 176 (Mich. 1973).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortion so long as they contain adequate exceptions to protect the woman's life and health.  NARAL Pro-Choice America opposes Michigan's post-viability restriction because it does not contain an exception to protect the woman's health.


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