Parental Consent for Abortion

P.A. 211 of 1990
MCL 722.901-908
Sponsor: Citizen Initiative Petition

Effective Date: March 28, 1991

This legislation prohibits a person from performing an abortion on a minor without first obtaining the written consent of the minor and one of the parents or the legal guardian of the minor. If a parent or the legal guardian is not available or refuses to give his or her consent, or if the minor elects not to seek consent of a parent or legal guardian, the minor may petition the probate court.

A minor may file a petition for waiver of parental consent in the probate court of the county in which the minor resides. The county in which the minor resides means the county in which the minor’s residence is located or the county in which the minor is found. The probate court will grant a waiver of parental consent if it finds the minor is sufficiently mature and well enough informed to make the decision regarding abortion independently of her parents or legal guardian. The waiver would be in the best interest of the minor if a minor reveals to the probate court that she is the victim of sexual abuse, and that her pregnancy is, or may be, the result of sexual abuse. The probate court will report it to the department of social services or a law enforcement agency pursuant to the child protection law.

P.A. 211 was brought to the legislature via a citizen initiative petition and approved in both the House and Senate on September 12, 1990.

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