Partial-Birth Abortion Ban

NMSA 1978 ch. 30, art. 5A

in effect

NMSA 1978, § 30-5A-1 Short title

30-5A-1. Short title This act [30-5A-1 to 30-5A-5 NMSA 1978] may be cited as the "Partial-Birth Abortion Ban Act". Laws 2000, ch. 55, § 1.

NMSA 1978, § 30-5A-2 Definitions

30-5A-2. Definitions As used in the Partial-Birth Abortion Ban Act [30-5A-1 to 30-5A-5 NMSA 1978]: A. "abortion" means the intentional termination of the pregnancy of a female by a person who knows the female is pregnant; B. "fetus" means the biological offspring of human parents; C. "partial-birth abortion" means a procedure in which any person, including a physician or other health care professional, intentionally extracts an independently viable fetus from the uterus into the vagina and mechanically extracts the cranial contents of the fetus in order to induce death; and D. "physician" means a person licensed to practice in the state as a licensed physician pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] or an osteopathic physician licensed pursuant to Chapter 61, Article 10 NMSA 1978. Laws 2000, ch. 55, § 2.

NMSA 1978, § 30-5A-3 Prohibition of partial-birth abortions

30-5A-3. Prohibition of partial-birth abortions No person shall perform a partial-birth abortion except a physician who has determined that in his opinion the partial-birth abortion is necessary to save the life of a pregnant female or prevent great bodily harm to a pregnant female: A. because her life is endangered or she is at risk of great bodily harm due to a physical disorder, illness or injury, including a condition caused by or arising from the pregnancy; and B. no other medical procedure would suffice for the purpose of saving her life or preventing great bodily harm to her. Laws 2000, ch. 55, § 3.

NMSA 1978, § 30-5A-4 Civil remedies

30-5A-4. Civil remedies A. Except as provided in Subsection B of this section, the following persons may bring a civil action to obtain relief pursuant to this section against a person who has violated the provisions of Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act: (1) the person on whom a partial-birth abortion was performed; (2) the biological father of the fetus that was the subject of the partial-birth abortion; and (3) the parents of the person on whom the partial-birth abortion was performed if that person had not reached the age of majority at the time of the abortion. B. The persons named as having a right of action in Subsection A of this section are barred from bringing a civil action pursuant to this section if: (1) the pregnancy of the person on whom the partial-birth abortion was performed resulted from criminal conduct of the person seeking to bring the action; or (2) the partial-birth abortion was consented to by the person seeking to bring the action. C. A person authorized to bring a civil action pursuant to this section may recover compensatory damages for loss caused by violation of Section 3 of the Partial-Birth Abortion Ban Act. Laws 2000, ch. 55, § 4.

NMSA 1978, § 30-5A-5 Criminal penalty; exception

30-5A-5. Criminal penalty; exception A. Except as provided in Subsections B, C, D and E of this section, a person who violates Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978. B. The provisions of the Partial-Birth Abortion Ban Act shall apply only to the exact procedure specified in that act. C. The provisions of the Partial-Birth Abortion Ban Act are not intended to criminalize any other method of terminating a woman's pregnancy. D. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject a woman, upon whom the procedure specified in that act is performed, to criminal culpability as an accomplice, aider, abettor, solicitor or conspirator. E. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject any person to criminal culpability pursuant to laws governing attempt, solicitation or conspiracy to commit a crime. Laws 2000, ch. 55, § 5.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026