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New Jersey

Low-Income Women's Access to Abortion

New Jersey allows women eligible for state medical assistance for general health care to obtain public funds for medically necessary abortion services.  To determine whether an abortion is medically necessary, a physician may consider:  (1) whether it is necessary to preserve the life of the woman; (2) whether the pregnancy was the result of rape or incest; (3) physical, emotional, and psychological factors; (4) family reasons; and (5) age.  N.J. Admin. Code tit. 10, § 54-5.43.  See Div. of Med. Assistance & Health Servs., N.J. Dep't of Human Servs., Independent Clinic Servs. §10:54-5.43 (Oct. 15, 2012).

An unconstitutional and unenforceable statute prohibits public funding for abortion unless the procedure is necessary to preserve the woman's life.  N.J. Stat. Ann. § 30:4D-6.1 (Enacted 1975).

A court held that this law violates the New Jersey constitution and issued an injunction prohibiting its enforcement to the extent that it prohibits the funding of medically necessary abortion care.  Right to Choose v. Byrne, 450 A.2d 925 (N.J. 1982).


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