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

Not Protected

New Mexico

Abortion will remain accessible in New Mexico. In 2023, the state enacted laws to ensure access to reproductive healthcare, including abortion, and gender affirming care.

State Legal Details

Bans in Effect

  • Method Ban

Restrictions in Effect

  • TRAP requirements: Providers, Reporting Requirement

State Protections

Although the New Mexico Constitution contains an equal rights amendment (ERA),1 the state supreme court has not ruled that the state constitution or the ERA protects the right to abortion. New Mexico provides public funding for medically necessary abortions.2 On June 27, 2022, the New Mexico Governor issued an executive order that 1) prohibits, unless required by court order, executive branch cooperation with out-of-state investigations and legal actions (including extradition) arising from the lawful provision of abortion in New Mexico and 2) gives a directive to the State Regulation and Licensing Department  to work with boards of professional licensure to protect abortion providers from out-of-state sanctions.3

In 2023, the state enacted a law to ensure access to reproductive healthcare, including abortion, and gender affirming care.4 This law prohibits state and local governments from: restricting or interfering with such care; discriminating against people who use these services; enforcing any law or policy that restricts this care; and can face civil penalties for violating the law.5 In 2023, New Mexico enacted interstate shield laws protecting providers, patients, and people who help others access abortion and gender affirming care from professional licensure consequences, out-of-state investigations and legal actions.6 In 2025, the state supreme court prohibited cities and counties from enforcing restrictive abortion ordinances, holding that those ordinances were preempted by the state’s Reproductive and Gender Affirming Health Care Freedom Act.7

Restrictions

New Mexico law prohibits D&X procedures.8 Providers who violate New Mexico’s D&X ban may face criminal penalties.9 New Mexico’s targeted regulation of abortion providers (TRAP) laws includes reporting requirements.10 Certified nurse practitioners are authorized to prescribe and dispense the medication abortion regimen due to a court decision.11

Historical Restrictions

In 2021, New Mexico repealed its pre-Roe ban.12 New Mexico repealed a requirement that a parent or legal guardian consent to a minor’s abortion,13 and also repealed the statute restricting the provision of surgical abortion care to licensed physicians.14

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain accessible in New Mexico. . In 2023, the state enacted a law to ensure access to reproductive healthcare, including abortion, and gender affirming care. New Mexico courts have not determined whether the state constitution protects the right to abortion.

  1. N.M. Const. art. 2, § 18 (“No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.”). ↩︎
  2. New Mexico Right to Choose/NARAL v. Johnson, 126 N.M. 788, 975 P.2d 841 (N.M. 1998) (upholding state funding for medically necessary abortions for Medicaid-eligible women). ↩︎
  3. N.M. Exec. Order No. 2022-107 (June 27, 2022), https://www.documentcloud.org/documents/22071046-eo-2022-107-protecting-access-to-reproductive-health-care-services. ↩︎
  4. N.M. Stat. Ann. § 24-34-1 et. seq. (“Reproductive and Gender-Affirming Health Care Freedom Act”). ↩︎
  5. N.M. Stat. Ann. §§ 24-34-3, 24-34-4. ↩︎
  6. N.M. Stat. Ann. § 24-35-1 et. seq. (“Reproductive and Gender-Affirming Health Care Protection Act”). ↩︎
  7. State ex re. Torrez v. Bd. Of Cnty. Comm’rs for Lea Cnty., 572 P.3d 837 (N.M. 2025) (interpreting N.M. Stat. Ann. § 24-34-1 et. seq.). ↩︎
  8. N.M. Stat. Ann. § 30-5A-3. ↩︎
  9. See, e.g.,  N.M. Stat. Ann. § 30-5A-5. ↩︎
  10. N.M. Stat. Ann. § 24-14-18. ↩︎
  11. Planned Parenthood of N.M. v. New Mexico, No. CV-200604230 ¶ 11 (N.M. 2d Dist. Ct. 2007). ↩︎
  12. N.M. Stat. Ann. § 30-5-1 through § 30-5-3, repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). ↩︎
  13. N.M. Stat. Ann. § 30-5-1(c), repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). ↩︎
  14. N.M. Stat. Ann. § 30-5-1, repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). ↩︎