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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 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 for Unlawful Abortion | 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 Requirements | Mother must "request" procedure; if under 18 the procedure must be requested by her and parent/guardian |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | 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) |
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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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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