In New Mexico
After Roe in New Mexico, abortion is still legal in most circumstances. Hear from Family Policy Alliance of New Mexico about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
Connect with Family Policy Alliance of New Mexico
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
New Mexico still allows nearly all abortions. New Mexico repealed a pre-Roe trigger law in 2021 that would have banned abortion in the state after Roe. N.M. Stat. Ann. § 30-5-1; H.B. 10, 55th Legis. Sess., 1d Sess. (N.M. 2021).
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Even After Roe, New Mexico remains an abortion hotspot because there are no state laws restricting abortion on the books. Legal abortion-on-demand, for any reason, up to the point of birth will still be legal in New Mexico. Therefore, our initial top policy priorities will include enacting parental notification for minors seeking abortion, a third-trimester abortion ban, and legislation to protect children who survive a botched abortion.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Unfortunately, New Mexico’s sole legal restriction on abortion is a ban on partial-birth abortions, with exceptions. New Mexico has a long way to go in their fight to protect life. N.M. Stat. Ann.§ 30-5A-3.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
It is an exception to the partial-birth ban to save the life of the mother or prevent great bodily harm to her. N.M. Stat. Ann.§ 30-5A-3.
Penalties for performing an illegal abortion
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 partial-birth ban are a fourth-degree felony. N.M. Stat. Ann. § 30-5A-5.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The mother, biological father, and grandparents of the unborn child (if the mother is a minor) can bring a civil action against violators of the partial-birth ban. N.M. Stat. Ann. § 30-5A-4.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
The Attorney General of New Mexico issued an opinion in 1990 that New Mexico’s laws requiring parental consent were unconstitutional, arguing that a justified medical necessity where the mother consents is all that is necessary for a minor to obtain an abortion; anything else steps outside of the realm of appropriate procedure in light of Roe. N.M. Op. Att’y Gen. No. 90-19 (Oct. 3, 1990). The Attorney General’s opinion was based in part on Roe, so this law has a chance of being reinstated after Roe is overturned.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Before the 2021 repeal of the trigger law provisions, healthcare workers had the right to refuse to provide or participate in an abortion procedure. N.M. Stat. Ann. § 30-5-1. Because the law was repealed, healthcare workers do not have any conscience protections now. H.B. 10, 55th Legis. Sess., 1d Sess. (N.M. 2021).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
No.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
One must be a physician to perform a partial-birth abortion under the ban’s exception. N.M. Stat. Ann.§ 30-5A-3.
Informed consent
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
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No.