2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 5 - Abortion
Section 30-5-2 - Persons and institutions exempt.

This article does not require a hospital to admit any patient for the purposes of performing an abortion, nor is any hospital required to create a special hospital board. A person who is a member of, or associated with, the staff of a hospital, or any employee of a hospital, in which a justified medical termination has been authorized and who objects to the justified medical termination on moral or religious grounds shall not be required to participate in medical procedures which will result in the termination of pregnancy, and the refusal of any such person to participate shall not form the basis of any disciplinary or other recriminatory action against such person.

History: 1953 Comp., § 40A-5-2, enacted by Laws 1969, ch. 67, § 2.

Repeals and reenactments. — Laws 1969, ch. 67, § 2, repealed former 40A-5-2, 1953 Comp., relating to the definition of pregnancy, and enacted a new section.

Enforceability of section. — Under current law, this section is entirely enforceable, and Sections 30-5-1 and 30-5-3 NMSA 1978 are enforceable only to the extent that they criminalize and punish the act of performing an abortion on an unconsenting woman, or the performance of an abortion by a person who is not a physician licensed by the State of New Mexico. 1990 Op. Att'y Gen. No. 90-19.

Law reviews. — For article, "New Mexico's 1969 Criminal Abortion Law," see 10 Nat. Resources J. 591 (1970).

For comment, "Perspectives on the Abortion Decision," see 9 N.M.L. Rev. 175 (1978-79).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of state statutes and regulations limiting or restricting public funding for abortions sought by indigent women, 20 A.L.R.4th 1166.

Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875.

Parent's child support liability as affected by other parent's fraudulent misrepresentation regarding sterility or use of birth control, or refusal to abort pregnancy, 2 A.L.R.5th 337.