Abhortion · State legal snapshot
Legal throughout pregnancy; protected. New Mexico has no gestational limit on abortion, has repealed its pre-Roe criminal abortion statute, and has enacted statutory protections for…
§ I · Gestational limit
│ No gestational limit; abortion legal throughout pregnancy · SB 10, 2021 N.M. Laws ch. 2 (repealing NMSA 1978 §§ 30-5-1, 30-5-2, 30-5-3)
§ II · Restriction inventory — 15 checked, 1 in force
●Gestational banNone
●In-person visitsNone
◐Method ban · D&XIn force
●Physician-only lawNone
●Parental involvementNone
●Telehealth prescribing banNone
●Waiting periodNone
●Spousal consent or noticeNone
●Abortion trafficking lawNone
●Scripted counselingNone
●Civil bounty (SB8-style)None
●Private insurance restrictionNone
●Ultrasound requirementNone
●Pill-mailing banNone
●Self-managed abortion crimeNone
§ III · Access
Criminal exposure
Procedure
Coverage & interstate
Available now
Yes
Pregnant person
Expressly exempt
Waiting period
0 hours
Medicaid
Broader than Hyde
Medication · telehealth
Legal · telehealth allowed
Self-managed
Not a crime
Compelled visits
0 in person
Private insurance
No state restriction
Who may perform
Physicians & APCs
Provider max penalty
Fourth degree felony, 18 months…
Minors
No involvement law
Shield state
Yes
Mailing pills
Not banned
Fetal homicide law
None
Judicial bypass
No parental law
Major pending change
Yes · see p. 2
✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable
§ IV · Why it is legal — governing authorities
SB 10 (2021) — Repeal of Criminal Abortion Statute, 2021 N.M. Laws ch. 2 (repealing NMSA 1978… — Eliminated New Mexico's pre-Roe criminal abortion ban, removing the last statutory…
2000 ■Partial-Birth Abortion Ban Act, NMSA 1978 §§ 30-5A-1 to 30-5A-5 (2000) — The only remaining criminal abortion restriction in New Mexico; prohibits a narrowly…
1978 ■Reproductive and Gender-Affirming Health Care Freedom Act (HB 7), 2023 N.M. Laws ch. 11 (codified at Chapter… — Affirmatively protects reproductive health care access, preempts local restrictions,…
“A public body or agent of a public body shall not, directly or indirectly, deny, restrict or interfere with a person's ability to access or provide reproductive health care or gender-affirming health care within the…”— HB 7, Reproductive and Gender-Affirming Health Care Freedom Act, §…
Fetal personhood — how the law treats the unborn
● NMSA 1978 § 30-5A-2(B)
“'fetus' means the biological offspring of human parents”
No statutory or constitutional fetal personhood
→
● Exempt · pregnant woman
Expressly exempt from all criminal liability
● Carved out · abortion
Abortion is not chargeable under the homicide statutes.
● Not reached · third parties
No fetal homicide statute
New Mexico's legal framework is internally consistent in its treatment of fetal personhood. Wrongful death: Viable fetus may support wrongful-death claim in tort context.
§ V · Criminal exposure by actor
●
Pregnant woman
Expressly exempt from all criminal…
✓
Physician
Fourth degree felony for partial-birth…
●
Non-physician prescriber
No criminal exposure for lawful…
●
Helpers · funds
No criminal or civil exposure
●
Travel helpers
No restriction on travel assistance
●
Civil bounty
No SB8-style civil bounty law
✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical
Penalties on the books — top 4
§ VI · How the law got here ● court ■ statute ◆ executive / agency
Governor Lujan Grisham signed SB 10, repealing the 1969 criminal abortion statute (former NMSA 1978 §§ 30-5-1,…
27 Jun 2022◆Three days after the U.S.
0 Aug 2022◆Governor Lujan Grisham signed Executive Order 2022-123, allocating $10 million in capital outlay for a new…
23 Jan 2023●Attorney General Raúl Torrez filed a petition for writ of mandamus in the New Mexico Supreme Court (State ex rel.
16 Mar 2023■Governor Lujan Grisham signed HB 7, the Reproductive and Gender-Affirming Health Care Freedom Act, prohibiting public…
9 Jan 2025●The New Mexico Supreme Court unanimously ruled in favor of the state, striking down all local abortion-restrictive…
30 Jan 2025■HB 234 (2025 Regular Session), the 'Medical Care for All Infants Born Alive' bill, was introduced by Republican…
6 Mar 2026■Governor Lujan Grisham signed SB 30 (2026 Regular Session, Chapter 48), repealing NMSA 1978 § 24-14-18, the…
§ VII · Exceptions matrix
Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.
§ VIII · Shield law & interstate
● Shield state
Robust shield protections for providers and patients
● Travel unrestricted
Travel out of state for abortion is lawful
● Telehealth prescribing allowed
Telehealth prescribing fully permitted
● Pill mailing not banned
No state ban on mailing abortion pills
● Funding help protected
No restriction on funding abortion or travel
● Providing information
No liability for providing abortion information
Interstate postureNew Mexico is a leading shield state, with statutory protections (HB 7), executive orders, and a Supreme Court ruling that together protect providers and patients from out-of-state investigations,…
§ IX · Who pays
All medically necessary abortions covered
Life
Hyde · federal
Rape
Hyde · federal
Incest
Hyde · federal
Medically necessary
State-only funds
No state mandate or prohibition on private coverage
No special restriction on marketplace plans
●State affirmatively funds reproductive health providers
§ X · Pending changes status and effect as recorded — no forecast
Potential EMTALA preemption litigation (Moyle v. United States…The U.S. Supreme Court in Moyle v. United States, 603 U.S. __ (2024), dismissed the writ of certiorari as…
If federal courts, including the Tenth Circuit or U.S. Supreme Court, ultimately hold that EMTALA broadly preempts state abortion restrictions, the ruling would have…
LegislationSB 189 (2026) — Reproductive Health Care CoverageIntroduced January 29, 2026; died in committee (25% progression). Would have required group health plans,…
If revived or reintroduced in a future session, the bill would mandate comprehensive abortion coverage with no deductibles, copays, or coinsurance in virtually all…
LitigationFederal defunding litigation — Planned Parenthood Medicaid…The 2025 federal budget reconciliation law (the 'One Big Beautiful Bill Act') included a provision blocking…
If the defunding provision is ultimately upheld and no state backfill is provided, Planned Parenthood clinics in New Mexico could lose federal Medicaid reimbursement for…
LegislationFuture shield-law expansion legislationNew Mexico's executive and legislative branches have progressively strengthened shield protections since…
Further legislation could make New Mexico an even stronger destination for abortion care by reducing legal risks for providers serving out-of-state patients and…
§ XI · Key authorities ● case ■ statute ◆ agency
■SB 10 (2021) — Repeal of Criminal Abortion Statute 2021 N.M. Laws ch. 2 (repealing NMSA 1978 §§ 30-5-1,…
■Partial-Birth Abortion Ban Act NMSA 1978 §§ 30-5A-1 to 30-5A-5 (2000)
■Reproductive and Gender-Affirming Health Care Freedom… 2023 N.M. Laws ch. 11 (codified at Chapter 24 NMSA 1978)
●New Mexico Right to Choose/NARAL v. Johnson 1999-NMSC-005, 127 N.M. 654, 986 P.2d 450
●State ex rel. Torrez v. Board of County Commissioners… No. S-1-SC-39205 (N.M. Jan. 9, 2025)
■New Mexico Equal Rights Amendment N.M. Const. art. II, § 18 (adopted 1972, effective July…
◆Executive Order 2022-107 Executive Order 2022-107 (June 27, 2022)
■Injury to Pregnant Woman NMSA 1978 § 30-3-7 (1985)
■SB 30 (2026) — Repeal of Abortion Reporting Statute 2026 N.M. Laws ch. 48 (repealing NMSA 1978 § 24-14-18)
◆Executive Order 2022-123 Executive Order 2022-123 (August 2022)
■Family Planning Act NMSA 1978 §§ 24-8-1 to 24-8-8 (1973)