Late-Term Abortion Laws in New Mexico

1. What are the late-term abortion laws in New Mexico?


In New Mexico, late-term abortions are allowed up to 24 weeks of pregnancy. Abortions after 24 weeks of gestation are only allowed if the woman’s life or health is at risk. In addition, a second physician must be consulted and both physicians must agree that the abortion is necessary. There are also additional restrictions when it comes to Medicaid funding for abortions. Medicaid can only be used to cover abortions in cases where the woman’s life or health is in danger, fetal abnormalities are present, or if the pregnancy was caused by rape or incest.

2. Is there a gestational limit on abortions in New Mexico?


Yes, there is. Abortions are generally allowed up to 24 weeks gestation in New Mexico. Exceptions may be made in the case of a serious health risk to the mother or if the fetus has a severe medical condition.

3. Is there a ban on late-term abortions in New Mexico?


No, there is no ban on late-term abortions in New Mexico. However, the state does have certain restrictions in place that limit the circumstances under which a late-term abortion may be performed. These restrictions include the requirement that the abortion must be performed by a qualified physician and that the procedure must be medically necessary and due to a serious physical or mental health issue for the woman or a potential risk to her life.

4. Who can authorize a late-term abortion procedure in New Mexico?


A woman in New Mexico may get a late-term abortion procedure authorized by a licensed medical provider with admitting privileges to a hospital within 30 miles of the clinic.

5. How does New Mexico define a “late-term abortion”?


In New Mexico, a “late-term abortion” is defined as an abortion performed after the twentieth week of gestation.

6. Are there any exceptions to late-term abortion bans in New Mexico?


Yes, New Mexico allows late-term abortions in cases where it is necessary to protect the life or health of the mother. The New Mexico Supreme Court recently ruled that the state’s ban on abortions after 24 weeks was unconstitutional.

7. Are there any parental notification laws for minors seeking abortions in New Mexico?


Yes. In New Mexico, a minor is required to get consent from one parent or legal guardian before obtaining an abortion. If the minor does not want to involve a parent or guardian, they may seek a court order bypassing the requirement.

8. What are the informed consent requirements for abortions in New Mexico?


In New Mexico, the informed consent requirements for abortions are very similar to those of other states. A woman seeking an abortion must be given information concerning the procedure and its risks, alternatives to the procedure, and an opportunity to ask questions. She must also be given information about adoption and the availability of assistance for parenting.

The woman must be advised of the medical risks associated with an abortion, including the risk of infection, bleeding, and adverse reactions to anesthesia.

The woman must be provided with detailed information about the developing fetus, including its probable age and stage of development, as well as ultrasound pictures.

The woman must sign a form indicating that she has received and understood this information before receiving the abortion.

The doctor performing the abortion must also obtain written consent from a parent or legal guardian if the woman is under 18 years of age.

9. Does New Mexico require waiting periods for abortions?


Yes, New Mexico requires a 24-hour waiting period for abortions.

10. Are there any laws requiring ultrasounds before abortions in New Mexico?


No, there are no laws requiring ultrasounds before abortions in New Mexico.

11. Does New Mexico have any bans on sex-selective abortions?


Yes, New Mexico has a ban on sex-selective abortions. Under the New Mexico law, it is illegal for a physician or other health care provider to perform, induce, or attempt to perform or induce an abortion with the knowledge that the pregnant woman is seeking the abortion solely on account of the unborn child’s sex.

12. Are there restrictions on public funding of abortions in New Mexico?


Yes. The state of New Mexico imposes restrictions on public funding of abortions. Medicaid coverage for abortions is limited to cases of rape, incest, or where the life of the woman is endangered.

13. Does New Mexico have any laws regulating the sale of abortifacients (drugs that induce abortion)?


Yes, the state of New Mexico has laws regulating the sale of abortifacients. The New Mexico Administrative Code contains regulations related to the sale of abortifacients, including the requirements for the labeling and packaging of such drugs. Additionally, the state requires abortion providers to obtain informed consent from patients before providing abortifacient medications.

14. Does New Mexico require counselling before an abortion procedure?


Yes, New Mexico does require counseling before an abortion procedure. All women seeking an abortion must receive state-mandated counseling at least 24 hours before the procedure.

15. Are there any regulations on the disposal of fetal remains after an abortion procedure in New Mexico?


Yes, there are regulations on the disposal of fetal remains after an abortion procedure in New Mexico. The New Mexico Department of Health requires that the tissue be disposed of in an appropriate manner, usually by incineration or burial. The Health Department also requires that the provider document the disposition of the fetal remains, including the type of disposal and the location of disposal. The provider must also keep records of all dispositions for at least three years.

16. Does New Mexico recognize any conscientious objection rights for health care providers who object to performing abortions?


Yes, New Mexico recognizes the conscientious objection rights of healthcare providers who object to performing abortions. Healthcare providers who choose to not perform abortions due to religious or moral beliefs must submit a written statement to their employer or institution explaining their objection. This statement must be provided at least 30 days prior to the provider’s refusal to perform the abortion procedure.

17. Does New Mexico have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?


Yes, New Mexico has laws protecting healthcare providers from being discriminated against for participating in abortion procedures. The New Mexico Human Rights Act prohibits employers from discriminating against employees or applicants based on their status as a provider of abortion services. In addition, the state has adopted a “Conscience Protection Act” that protects healthcare professionals from being compelled to perform or participate in abortion procedures that violate their ethical or religious beliefs.

18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in New Mexico?


Yes. In New Mexico, there is an informed consent law that requires anyone seeking an abortion to be provided with certain information and given at least 24 hours to consider the information before receiving an abortion. This law includes a provision that states that no person, including a parent or guardian, may transport a minor across state lines for an abortion if the minor does not meet the requirements of the informed consent law. Additionally, a minor must have written permission from a parent or guardian in order to receive an abortion.

19. Are there restrictions on the use of telemedicine for abortion services in New Mexico?


Yes, there are restrictions on the use of telemedicine for abortion services in New Mexico. According to the New Mexico Department of Health, telemedicine for abortion services can only be used when the patient is within 100 miles of the health care provider who prescribed the medication and the patient has had an in-person visit with a healthcare provider. The patient must also have access to a clinic or hospital within two hours in case of an emergency.

20. Does New Mexico have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?


Yes. New Mexico’s Criminal Code makes it a crime to commit or assist a self-induced abortion, which is defined as an “act that is intended to terminate the pregnancy of a pregnant woman.” The penalties for performing or assisting a self-induced abortion can include a prison sentence of up to 18 months and/or a fine of up to $5,000.