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New Mexico Abortion Laws

Explanation of Chart and More Information on Abortion Laws

Code Section 30-5-1 to 3; 30-5A-1 to 5
Statutory Definition of Illegal AbortionFailure 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 AbortionContinuation 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 for Unlawful AbortionCriminal 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 RequirementsMother must "request" procedure; if under 18 the procedure must be requested by her and parent/guardian
Residency Requirements for Patients-
Physician Licensing RequirementsLicensed 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)

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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