New Mexico Abortion Laws


Code Section
30-5-1 to 3; 30-5A-1 to 5

Statutory Definition of Illegal Abortion
Failure to meet standards of justified termination; or by administering medical drug or other substance or means whereby an untimely termination of pregnancy is produced with intent to destroy fetus and not a justified medical termination; Partial Birth Abortion: unlawful except to save the life of woman or to prevent great bodily harm to woman

Statutory Definition of Legal Abortion
Continuation likely to result in death or impairment of mother’s mental or physical health or fetus likely to have grave physical or mental defect; or pregnancy result of rape or incest; partial birth abortion: prohibited except to save mother from death or great bodily harm and no other procedure will suffice; Partial Birth Abortion: 4th degree felony, up to 18 months imprisonment and possible fine up to $5,000.

Penalty
Criminal abortion: fourth degree felony; abortion resulting in woman’s death: second degree felony; illegal partial birth abortion: 4th degree felony, mother may not be prosecuted

Consent
Mother must “request” procedure; if under 18 the procedure must be requested by her and parent/guardian

Residency
N/A

License
Licensed M.D., licensed hospital, written certification of hospital board required (a committee of 2 licensed M.D.s and alternates who decide questions of medical justification of specific case)