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New Mexico

Abortion Ban


New Mexico has not repealed its pre-Roe abortion ban, which is unconstitutional and unenforceable.

The ban provides that a woman may not obtain an abortion unless a special hospital board certifies in writing that:  (1) continuation of the pregnancy is likely to result in the woman's death or "grave impairment" of her physical or mental health; (2) if the woman gives birth, the child probably will have a grave physical or mental defect; (3) the pregnancy resulted from rape, which has been or will be reported to an appropriate law-enforcement official; or (4) the pregnancy resulted from incest.  Any person who administers a substance or uses any other means to cause an uncertified abortion is guilty of a felony.  N.M. Stat. Ann. §§ 30-5-1 (Enacted 1969), 30-5-3 (Enacted 1969).

A court held that these provisions are unconstitutional to the extent that they conflict with Roe v. Wade, 410 U.S. 113 (1973), and Doe v. Bolton, 410 U.S. 179 (1973).  State v. Strance, 506 P.2d 1217 (N.M. Ct. App. 1973).

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