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Gov. Whitmer Reiterates Protections for Health Care Providers, IVF in Michigan 


February 26, 2024


Gov. Whitmer Reiterates Protections for Health Care Providers, IVF in Michigan

Amid ongoing efforts to ban IVF and make it harder for Americans to start a family, Michigan reiterates its strong legal protections for full reproductive rights, vigilance towards extreme ideology making its way through the courts


LANSING, Mich. – Today, in light of the recent Alabama court decision that will cause families to lose access to IVF, Governor Gretchen Whitmer directed the Michigan Department of Health and Human Services (MDHHS) to issue a reminder to health care providers in Michigan that they are protected from extradition on matters of reproductive care due to Executive Order 2022-4, which she issued on July 13, 2022.


The department reminded providers that due to unprecedented attacks on reproductive health care in the courts, they and the governor’s office are closely monitoring potential attacks on reproductive freedom, such as the recent lawsuit by Right to Life Michigan challenging Proposition 3. Proposition 3 which was passed by the voters in 2022, constitutionally protects women from attacks on reproductive health care, including IVF. If Right to Life is successful in invaliding the constitutional provision, access to IVF and other reproductive health care could be threatened in Michigan She also issued a statement reiterating Michigan’s protections for IVF amid legal and legislative attempts in other states to ban the practice that allows millions of Americans to have children every year.


View the full letter here.


Governor Whitmer Statement

“Every American deserves the ability to make their own decisions about their own body and start a family when they are ready. However, last Friday’s ruling by the Alabama Supreme Court, the recent lawsuit by Right to Life Michigan, and bills introduced in state legislatures across the nation put IVF, which allows millions of Americans to have children every year, at risk.


“That’s unacceptable. In Michigan, we will keep fighting to protect reproductive freedom and give families as many options as possible as they start or grow their families. I am proud that Michiganders voted overwhelmingly to enshrine the right to reproductive freedom, including an individual’s right to make choices about their own infertility care, in our state constitution in 2022.


“Additionally, I issued an executive order that protects health care providers in Michigan from extradition if they provide reproductive health care to an out-of-state patient. We will continue monitoring the situation closely and make sure our nurses and doctors can do their jobs.


“We fill fight for your freedoms in Michigan. You deserve to make decisions that are best for you and your family with your doctor without unelected government officials getting in the way. No matter what, we got your back.”


Attacks on IVF

Last Friday, the Alabama Supreme Court issued a ruling putting IVF, which allows millions of Americans to have children every year, at risk. There have been bills introduced in over a dozen other states and at the federal level that would ban IVF.


Earlier in the month, Right to Life Michigan issued a lawsuit challenging Proposition 3, which include protections for IVF and other reproductive health care.


MDHHS Notice to Health Care Providers

Earlier today, MDHHS issued a notice to Michigan medical providers, reminding providers that Governor Whitmer’s Executive Order 2022-4 protects them from extradition around matters of reproductive health care. The State of Michigan will continue closely monitoring the situation in Alabama and other threats to reproductive rights.


Proposal 3 on IVF

In November 2022, Michiganders voted overwhelmingly to pass Proposal 3, which enshrined the right to reproductive freedom in the Michigan constitution. Proposal 3 defines reproductive freedom as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care." Infertility care includes IVF, which lawmakers across the country are trying to ban.