New Mexico Abortion Laws: What’s Legal and What’s Not
A detailed look at how New Mexico regulates abortion access, provider responsibilities, and patient rights within its legal framework.
New Mexico has become a significant state for abortion access, particularly as neighboring states impose greater restrictions. Its relatively permissive laws draw patients from across the Southwest, making an understanding of its legal landscape crucial for residents, patients, and healthcare providers.
Procedures Allowed vs Prohibited
New Mexico permits a wide range of abortion procedures, reflecting a protective stance on reproductive healthcare. In 2021, the state repealed a pre-Roe v. Wade statute dating back to 1969 that had criminalized most abortions. This repeal, enacted through Senate Bill 10, removed Sections 30-5-1 through 30-5-3 of the New Mexico Statutes Annotated (NMSA), eliminating felony charges for performing abortions outside very narrow circumstances.1Office of the Governor – Michelle Lujan Grisham. Gov. Lujan Grisham Signs Senate Bill 10, a Victory for Reproductive Rights
As a result, standard methods like medication abortion and in-clinic procedures are allowed without state prohibition based on the method itself. Access was further solidified in 2023 by the Reproductive and Gender-Affirming Health Care Act (HB 7), codified in NMSA Sections 24-34-1 through 24-34-5.2New Mexico Legislature. House Bill 7 – Reproductive and Gender-Affirming Health Care Act (2023) This act prevents public bodies, such as cities or counties, from denying or restricting access to reproductive healthcare, including abortion, ensuring state law prevails over potential local restrictions.
New Mexico law does not impose gestational limits on abortion, allowing procedures later in pregnancy than many other states. Qualified health care professionals, including advanced practice clinicians like nurse practitioners and physician assistants, are permitted to provide abortion services, expanding the provider pool beyond physicians. The state does maintain a specific prohibition on a procedure defined under NMSA Section 30-5A-3, sometimes referred to as a “partial-birth abortion,” unless necessary to save the pregnant person’s life or prevent substantial physical harm.3Justia Law. New Mexico Statutes Section 30-5A-3: Prohibition of Partial-Birth Abortions (2024)
Consent Regulations
Consent requirements for abortion in New Mexico follow standard medical practices, without the additional state-mandated hurdles found elsewhere. Informed consent from the patient is required, as with any medical procedure. However, the state does not impose mandatory waiting periods, require providers to deliver state-scripted information unrelated to clinical needs, or mandate specific literature or ultrasound viewings as part of the consent process.
A key aspect is the treatment of minors. Senate Bill 10, passed in 2021, repealed a previous requirement for parental consent for minors seeking an abortion. Consequently, individuals under 18 can now consent to their own abortion care confidentially without parental notification or permission.4National Center for Youth Law. Minor Consent Laws: New Mexico Compendium 2024 This aligns with a 1990 New Mexico Attorney General opinion that had already found the prior parental consent law unenforceable due to the lack of a required judicial bypass option.
The 2023 Reproductive and Gender-Affirming Health Care Act (HB 7) reinforces this straightforward approach by broadly prohibiting public interference with access to reproductive care, implicitly supporting the ability of individuals, including minors, to consent directly. Attempts to add parental consent requirements to HB 7 during the legislative process were unsuccessful.
Provider Obligations
Healthcare professionals providing abortions in New Mexico must adhere to general medical standards of care applicable to their licensure. Following the 2021 repeal of older statutes, qualified health care professionals, not just physicians, can perform abortions within their scope of practice.
Providers must obtain informed consent but are not subject to state mandates regarding specific counseling scripts or medically unnecessary procedures like ultrasounds. The 2023 Reproductive and Gender-Affirming Health Care Act (HB 7) primarily serves to prevent governmental interference with the provision of care, affirming that providers are not obligated to offer services against their medical judgment but protecting them from external restrictions when providing legal care.
New Mexico has also enacted specific protections for abortion providers. Senate Bill 13, the Reproductive Health Provider Protections Act of 2023 (NMSA Sections 24-35-1 and following), shields healthcare professionals from out-of-state investigations, lawsuits, or licensing actions related to providing abortion care that is legal within New Mexico.5Office of the Governor – Michelle Lujan Grisham. Governor Signs Into Law Protections for Reproductive, Gender-Affirming Health Care Providers and Patients This “shield law” builds on earlier executive orders and reinforces state authority over medical practice, as affirmed by the New Mexico Supreme Court’s ruling in State ex rel. Torrez v. Bd. of Cnty. Comm’rs for Lea Cnty. (2025), which invalidated local ordinances attempting to restrict providers. Providers remain subject to standard health data reporting requirements but face no unique, burdensome mandates specific to abortion services.
Enforcement Mechanisms
Enforcement related to abortion in New Mexico centers on protecting access rather than imposing restrictions. Since the 2021 repeal of statutes criminalizing abortion, the primary legal framework is the 2023 Reproductive and Gender-Affirming Health Care Act (HB 7), which prohibits public entities from interfering with abortion access.
The New Mexico Attorney General is tasked with enforcing HB 7 and can take legal action against local governments that attempt to violate it. This authority was decisively used in State ex rel. Torrez v. Bd. of Cnty. Comm’rs for Lea Cnty. (2025), where the Attorney General successfully petitioned the state Supreme Court to stop several counties and cities from enforcing local ordinances aimed at restricting abortion access.6State Court Report. State ex rel. Torrez v. Bd. of Cnty. Comm’rs for Lea Cnty. Opinion (Jan. 9, 2025)
The Supreme Court’s ruling in Torrez established that state law preempts local attempts to regulate abortion, confirming that healthcare access is a matter of statewide concern. This decision solidifies the Attorney General’s role in preventing governmental interference. While individuals could potentially pursue civil litigation if their rights under HB 7 are violated, state-level action by the Attorney General is the primary enforcement route against public bodies. Standard law enforcement would handle violations of the narrow prohibition on a specific procedure under NMSA Section 30-5A-3, though such cases are uncommon.
Exceptions
New Mexico’s abortion laws feature broad access with very few statutory exceptions that limit the procedure. The repeal of older laws in 2021 eliminated historical restrictions and their associated exceptions (like those for rape, incest, or life endangerment under the former Section 30-5-1). Current law generally permits abortion without gestational age limits or requiring specific reasons.
The only significant exception relates to the procedure defined under the state’s Partial-Birth Abortion Ban Act, NMSA Section 30-5A-3. This law prohibits performing what it defines as a “partial-birth abortion.” However, the statute includes its own exception: the ban does not apply if a physician determines the procedure is necessary to save the pregnant person’s life or to prevent “great bodily harm” to them, and no other medical procedure would suffice. Outside of this specific procedural ban and its health-related exception, state law does not create other notable restrictions on abortion access.
Penalties for Noncompliance
Penalties for violating New Mexico’s abortion laws primarily concern the state’s narrow prohibition on a specific procedure defined under NMSA Section 30-5A-3. Performing this procedure outside the life-saving or health-preserving exception constitutes a second-degree felony under NMSA Section 30-5A-4. A conviction carries a basic sentence of nine years imprisonment (NMSA Section 31-18-15(A)(6)) and a potential fine of up to $10,000 (NMSA Section 31-19-1(A)).
Noncompliance issues may also arise if public bodies disregard the Reproductive and Gender-Affirming Health Care Act (HB 7), which forbids them from interfering with abortion access. While the act doesn’t impose criminal penalties on officials, noncompliance can trigger legal action by the Attorney General. If a public body defies a court order enforcing HB 7, it could face contempt proceedings, potentially resulting in significant fines determined by the court (NMSA Section 34-1-2). Civil penalties can also be assessed against a public body found violating HB 7 in actions brought by the Attorney General or a district attorney, amounting to $5,000 per violation or actual damages, whichever is greater (NMSA Section 24-34-4(C)).
For healthcare providers, noncompliance generally involves adherence to professional standards rather than specific abortion statutes. Failing to meet the standard of care could lead to malpractice lawsuits or disciplinary actions by licensing boards under the Uniform Licensing Act (NMSA Chapter 61, Article 1), potentially resulting in censure, fines, or license suspension or revocation.
Privacy Protections
Patient privacy in the context of abortion care in New Mexico is primarily governed by standard medical confidentiality laws, such as the federal Health Insurance Portability and Accountability Act (HIPAA), rather than abortion-specific state statutes. The state’s recent legislative efforts have focused more on ensuring access and protecting providers than on enacting unique patient privacy measures beyond those generally applicable to healthcare.
However, the provider protections enacted in 2023 offer an indirect layer of privacy protection for patients, particularly those traveling from states with restrictive laws. The Reproductive Health Provider Protections Act (NMSA Sections 24-35-1 and following) shields New Mexico providers from out-of-state subpoenas, investigations, and legal actions related to abortion care lawfully provided in the state. By protecting providers from external legal processes seeking information about their patients, this “shield law” helps safeguard patient data from being used in prosecutions or civil suits initiated by entities in states where abortion is banned or restricted.
