Restrictions

New Jersey law generally prohibits D&X procedures;^[1]N.J. STAT. ANN. § 2A:65A-6. although the ban was held unconstitutional, the statute has not been repealed.^[2]Planned Parenthood v. Farmer, 220 F.3d 127 (3d Cir. 2000). Likewise, the legislature has not repealed a requirement that a parent or legal guardian be notified about a minor’s abortion,^[3]N.J. STAT. ANN. §§ 9:17A-1.1 to 9:17A-1.12. which the New Jersey Supreme Court held was unconstitutional under the equal protection clause of the state constitution.^[4]Planned Parenthood of Cent. N.J. v. Farmer, 165 N.J. 609, 641-42, 762 A.2d 620, 638-39 (N.J. 2000).

State Protections

In 2022, New Jersey enacted a statutory protection for abortion as a fundamental right.^[5]S.B. 49, 2022 Leg., 279th Sess. (N.J. 2022). 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.”^[6]Right to Choose v. Byrne, 91 N.J. 287, 306, 301, 450 A.2d 925, 934-37 (1982) (striking restriction of Medicaid funding for medically necessary abortions based on a recognized right to privacy). New Jersey law allows advanced practice clinicians to provide abortion care up to 14 weeks LMP.^[7]N.J. ADMIN. CODE § 13:35-4A.19. See also 53 N.J.R. 2013(a) (Dec. 6, 2021). New Jersey provides public funding for abortion care.^[8]New Jersey has a statute prohibiting public funding for abortion unless necessary to preserve the patient’s life, which was held unconstitutional. N.J. STAT. ANN. § 30:4D-6.1, invalidated by … Continue reading In 2022, New Jersey enacted a law prohibiting state cooperation with out-of-state investigators, license terminations, and legal actions arising from the lawful provision of abortion in New Jersey.^[9]Act of Jul. 1, 2022, ch. 51, 2022 N.J. Laws (2022) and a law prohibiting the extradition of people who are charged with actions arising from the legal provision of abortion.^[10]Act of Jul. 1, 2022, ch. 50, 2022 N.J. Laws (2022).

Post-Roe Prohibitions

New Jersey repealed its pre-Roe ban in 1979.^[11]N.J. STAT. ANN. § 2A:87-1, 2A:87-2, repealed by 1978 N.J. Laws 482, 687-88, ch. 95, § 2C:98-2.

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in New Jersey. In 2022, New Jersey enacted a statutory protection for abortion as a fundamental right and the state’s highest court recognized the “fundamental right of a woman to control her body and destiny” under the New Jersey constitution.