New Mexico ‘Late-Term and Partial-Birth Abortion Ban Act’ (HB 76)

HB 76 would amend the existing “partial birth” abortion ban in New Mexico to include a ban on “late-term” abortions.  It would prohibit abortions after 20 weeks, unless the life and the health of the mother is at risk. The bill does not provide exceptions for pregnancies resulting from rape or incest.

The bill affirms that only a physician may perform an abortion.  If an exception is used in order to save the life of the pregnant person, the physician must attempt to preserve the life and health of the fetus.

This law makes a legal presumption that viability occurs at the 20th week of pregnancy.  Before a physician may perform an abortion, they would need to first determine “in a manner consistent with accepted obstetrical and neonatal practices and standards,” if the fetus is viable.  In making a determination of viability, the physician “shall perform or cause to be performed such medical examinations and tests as are necessary to make a finding of the gestational, age weight and lung maturity of the fetus.”

The bill would impose civil penalties on any physician that violates the act, with a minimum one year suspension of the physician’s license and at least a $5,000 fine.

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Related Legislation

Similar language banning abortions at 20 weeks can be found in model legislation drafted by Americans United for Life and the National Right to Life Committee.

Identical to HB 220/SB 183, which failed to pass in 2017.

Similar to SB 242 and SB 243, both of which failed to pass in 2016.

Similar to HB 390, which failed to pass in 2015.

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People

Organizations

• National Right to Life Committee — Drafted Model Law
• Americans United for Life — Drafted Model Law