Infant Protection Act

S.B. 546 of 1999
P.A. 107 of 1999
MCL 756.90
Sponsor: Sen. Joel Gougeon

Effective Date: March 9, 2000 - ruled unconstitutional on April 27, 2001

The purpose of the Infant Protection Act is to prohibit the killing of partially born children, and recognize this practice as infanticide. This bill will invoke a penalty of up to life in prison or up to a $50,000 fine, or both for the intentional killing of a partially born child.

Roe v. Wade applies only to an “unborn” child. During the partial birth abortion procedure a child is partially extracted from the womb and then killed before the delivery is completed. A ban on partial-birth abortions is rationally related to the following legitimate state interests: (a) protecting innocent, individual human lives, (b) protecting societal respect for human life, (c) preventing cruelty to living beings, and (d) preserving the integrity of the medical profession.

This law was ruled unconstitutional in Evans/Northland Family Planning v. Granholm on April 27, 2001. Judge Tarnow decided to wait until the Supreme Court ruled on Nebraska’s partial birth abortion law before holding a hearing. After the United States Supreme Court struck down Nebraska’s law in the Stenberg decision, Judge Tarnow ruled the Infant Protection Act unconstitutional under Roe and Stenberg. Attorney General Jennifer Granholm chose not to appeal the decision, which ended the Infant Protection Act.

Partial-Birth Abortion Ban of 1996

More History