Restrictions

New Mexico law prohibits D&X procedures.¹ In 2021, New Mexico repealed a requirement that a parent or legal guardian consent to a minor’s abortion.²

New Mexico’s targeted regulation of abortion providers (TRAP) laws includes reporting requirements.³ Providers who violate New Mexico’s D&X ban may face criminal penalties.⁴ In 2021, New Mexico repealed the statute restricting the provision of surgical abortion care to licensed physicians;⁵ certified nurse practitioners are authorized to prescribe and dispense medication abortion due to a court decision.⁶

State Protections

While the New Mexico Constitution contains an equal rights amendment (ERA),⁷ 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.⁸ 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.⁹ On August 31, 2022, the New Mexico governor issued an executive order that provides $10 million to develop a new abortion clinic near the state’s southern border with Texas. ¹⁰ In 2023, the state enacted a law to ensure access to reproductive healthcare, including abortion, and gender affirming care.¹¹ Public bodies are prohibited 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.¹² In 2023, 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.¹³ 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.¹⁴

Post-Roe Prohibitions

In 2021, New Mexico repealed its pre-Roe ban.¹⁵

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain accessible in New Mexico. New Mexico courts have not determined whether the state constitution protects the right to abortion.