After Roe Fell: U.S. Abortion Laws by State

Expanded Access

New Jersey

Abortion remains legal in New Jersey and is recognized as a fundamental right under both state statute and the state constitution.

State Legal Details

Bans Enjoined

  • Method Ban

State Protections

In 2022, New Jersey enacted the Freedom of Reproductive Choice Act, codifying abortion as a fundamental right under state law.1 The New Jersey Supreme Court has recognized that the right to privacy protected under the state constitution is more expansive than the federal Constitution and encompasses a “fundamental right of a woman to control her body and destiny.”2

New Jersey law allows advanced practice clinicians—including advanced practice nurses, physician assistants, and nurse midwives—to provide abortion care for up to 14 weeks LMP.3 New Jersey provides public funding for abortion care4 and requires private insurance coverage of abortion.5

In 2022, New Jersey enacted an interstate shield law protecting providers, patients, and people who help others access abortion care from the disclosure of information,6 as well as professional licensure consequences and the reach of out-of-state investigations and legal actions arising from the lawful provision of abortion in New Jersey.7 The state’s interstate shield protections prohibits the extradition of people charged with actions arising from the legal provision of abortion.8

Restrictions

See historical restrictions section below.

Historical Restrictions

New Jersey repealed its pre-Roe ban in 1979.9 New Jersey law generally prohibits D&X procedures;10 although the ban was held unconstitutional, the statute has not been repealed.11 Likewise, the legislature has not repealed a requirement that a parent or legal guardian be notified about a minor’s abortion,12 which the New Jersey Supreme Court held was unconstitutional under the equal protection clause of the state constitution.13

Conclusion

Now that the Supreme Court has overturned Roe, abortion remains legal in New Jersey and is recognized as a fundamental right under both state statute and the state constitution.

  1. N.J. Stat. Ann. §§ 10:7-1–10:7-2. ↩︎
  2. Right to Choose v. Byrne, 91 N.J. 287, 306 (1982) (striking restriction of Medicaid funding for medically necessary abortions based on a recognized right to privacy). ↩︎
  3. N.J. Admin. Code §§ 13:35-2A.17A(a)–(b), 13:35-4A.19; see also 53 N.J.R. 2013(a) (Dec. 6, 2021). ↩︎
  4. A New Jersey statute that prohibits public funding for abortion unless necessary to preserve the patient’s life was held unconstitutional. N.J. Stat. Ann. § 30:4D-6.1, invalidated by Byrne, 91 N.J. at 308. ↩︎
  5. N.J. Admin. Code §§ 11:24A-2A.2, 11:24-5A.2. ↩︎
  6. N.J. Stat. Ann. § 2A:84A-22.18 ↩︎
  7. N.J. Stat. Ann. § 2A:84A-22.19. ↩︎
  8. N.J. Stat. Ann. § 2A:160-14.1. ↩︎
  9. N.J. Stat. Ann. §§ 2A:87-1, 2A:87-2, repealed by 1978 N.J. Laws 482, 687-88, ch. 95, § 2C:98-2. ↩︎
  10. N.J. Stat. Ann. § 2A:65A-6. ↩︎
  11. Planned Parenthood of Cent. N.J. v. Farmer, 220 F.3d 127 (3d Cir. 2000). ↩︎
  12. N.J. Stat. Ann. §§ 9:17A-1.1–9:17A-1.12. ↩︎
  13. Planned Parenthood of Cent. N.J. v. Farmer, 165 N.J. 609, 641–42 (N.J. 2000). ↩︎