New Mexico

Not Protected

Summary

If Roe is weakened or overturned:

Abortion will remain accessible in New Mexico, but without legal protection. New Mexico courts have not determined whether the state constitution protects a right to abortion. 

Primary Content

Restrictions

New Mexico law prohibits D&X procedures.1 In 2021, New Mexico repealed a requirement that a parent or legal guardian consent to a minor’s abortion.2

New Mexico’s targeted regulation of abortion providers (TRAP) laws include reporting requirements.3 Providers who violate New Mexico’s D&X ban may face criminal penalties.4 In 2021, New Mexico repealed the statute restricting the provision of surgical abortion care to licensed physicians;5 certified nurse practitioners are authorized to prescribe and dispense the medication abortion regimen due to a court decision.6

Protections

While the New Mexico Constitution contains an equal rights amendment (ERA),7 the state supreme court has not ruled that the state constitution or the ERA protects the right to abortion. New Mexico provides public funding for medically necessary abortions.8

Laws that could be enforced if Roe v. Wade is limited or overturned

In 2021, New Mexico repealed its pre-Roe ban.9

Conclusion

If Roe v. Wade is limited or overturned, abortion will likely remain accessible in New Mexico but without legal protection. 

  • 1. N.M. STAT. ANN. § 30-5A-3.
  • 2. Id. § 30-5-1, repealed by S.B. 10, 55th Leg., 1st Sess. (N.M. 2021). See also N.M. Att’y Gen. Op. No. 90-19 (Oct. 3, 1990).
  • 3. N.M. STAT. ANN. § 24-14-18.
  • 4. See, e.g., id. § 30-5A-5.
  • 5. Id. § 30-5-1, repealed by S.B. 10, 55th Leg., 1st Sess. (N.M. 2021).
  • 6. Planned Parenthood of N.M. v. New Mexico, No. CV-200604230 (NM. Dist. Ct. 2007).
  • 7. N.M. CONST. art. 11, § 18 (“No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.”).
  • 8. New Mexico Right to Choose/NARAL v. Johnson, 126 N.M. 788, 975 P.2d 841 (N.M. 1998).
  • 9. N.M. STAT. ANN. § 30-5-1 through § 30-5-3; repealed by S.B. 10, 55th Leg., 1st Sess. (N.M. 2021).