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In New Jersey

After Roe in New Jersey abortion will still be legal in most circumstances. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe.

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THE BIG QUESTION

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

New Jersey will still allow nearly all abortions after Roe is overturned. Read about the legal restrictions on abortions that New Jersey has below.

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WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

Due to the passing of the Reproductive Choice Act on January 10, 2022, abortion has been codified into state law as a fundamental right. The bill seeks to prevent any future pro-life laws from being enacted. This means New Jersey has a lot of work to do once Roe is overturned. Reinstating protections for the conscience rights of medical professionals so that they are not forced to participate in abortions and preventing abortion coverage being mandated in health insurance plans must be our immediate focus. Dangerous and unsafe abortion rules approved by the New Jersey Board of Medical Examiners on October 13, 2021, must also be repealed and replaced.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

In 2022, New Jersey passed the Freedom of Reproductive Choice Act, invalidating all state law restrictions on abortion procedures in New Jersey. 2021 N.J. ALS 375, 2021 N.J. Laws 375, 2021 N.J. Ch. 375, 2020 N.J. S.N. 49.

New Jersey is still subject to a federal law ban on partial-birth abortions. 18 U.S.C.S. § 1531


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

The federal partial-birth ban includes an exception for when abortion is necessary to save the life of a mother. 18 U.S.C.S. § 1531


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the federal partial-birth ban are punishable by up to two years in prison and loss of licensure for medical professionals. 18 U.S.C.S. § 1531


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The father (if married to the mother) and the maternal grandparents (if the mother has not reached the age of 18) of the baby may sue for relief under the federal partial-birth ban. 18 U.S.C.S. § 1531


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

No.


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: New Jersey has conscience protections for individuals (N.J. Stat. Ann. §§ 2A: 65A-1) and hospitals (N.J. Stat. Ann. §§ 2A: 65A-2). However, the passage of the Freedom of Reproductive Health Act has made the status of these protections ambiguous. New Jersians should push for clear, strong conscience rights protections for medical professionals in light of this recent Act.


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No.


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

No.


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

No.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

No.


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