New Mexico Alliance for Life Announces Legislation to End the Practice of Elective Late-Term Abortion Procedures in New Mexico, Legislatures also Introduce Bipartisan-Backed Parental Notification for Abortion Bill

  New Mexico is one of only few states that allows abortion until the day of birth for any reason, proposal would end the dangerous abortion procedure except in cases to save the life and health of the mother or abuse, incest or rape   Santa Fe - New Mexico Alliance for Life announces New Mexico State Representative Yvette Herrell  (R-Alamogordo ) introduced the "Late-Term and Partial Birth Abortion Ban Act" today. Under this bill, New Mexico will enact its constitutional interest in protecting human life at viability. This proposal also addresses  New Mexico's  interest and Supreme Court mandate in protecting women when abortion is more dangerous than childbirth.        

"This legislation addresses the fact that elective late-term abortions in New Mexico are neither safe nor rare, and the majority of New Mexicans believe that unborn children at the point of viability deserve protection," said Rep. Herrell. "We look forward to the day where these unborn children are protected and there are safer solutions for women rather than risky late-term abortions." 

This bill addresses elective late term abortions that are performed on healthy mothers and includes exceptions for a woman's health and safety or rape, incest or abuse. 

"New Mexicans do not want to see abortions performed until the day of birth in our state," said Elisa Martinez, president of New Mexico Alliance for Life. "New Mexico has become a hotbed for abortion businesses setting up in our state because of the lack of any common-sense protections for women and girls from abortion, especially late-term abortions which are more dangerous than giving birth."  

With the support of Governor Susana Martinez, the New Mexico Catholic Bishops and many leaders in the state Senate and state House of Representatives, the time has never been better to pass legislation that has overwhelming support from New Mexicans. A recent Albuquerque Journal Editorial, stated "just 14 percent thought abortion should be legal in the last three months of pregnancy and 80 percent opposed it."

Currently, Albuquerque is home to one of only four late-term abortion facilities in the U.S. and believed to be the largest with out-of-state doctors flying into New Mexico weekly to preform lucrative late-term abortions. In October, an out-of-state abortion business owner announced  the opening of a new abortion facility in Las Cruces because of the tightening of abortion laws in other states. 

House Majority Whip Representative Alonzo Baldonado (R-Los Lunas) introduced the Parental Notification Bill which requires abortion providers notify a minor child's parent 48 hours before their underage daughter undergoes an abortion. This bill is backed by both Republicans and Democrats. In cases where pregnancy is the result of rape, invest or sexual abuse, CYFD is notified to investigate and protect the minor. Once CYFD confirms that the pregnancy is from rape, insist or sexual abuse, parental notification is waived. 

"In school, you need parental notification to administer aspirin; it's common-sense to notify parents is their child is about to undergo a major medical procedure," Rep. Baldonado said. 

Democrat Rep. Jim Trujillo (D-Santa Fe) added, "This is about protecting life. This is a very common-sense and pragmatic way to go about it." 

The Late-Term and Partial Birth Abortion act will add a new section prohibiting late-term abortions to the existing partial birth abortion ban act.  It prohibits abortions after 20 weeks (about five months of pregnancy and affirms that only a physician may perform an abortion.  There is a presumption of viability at 20 weeks, which can only be overcome by a physician's objective testing consistent with recent Supreme Court rulings defining viability.  There are exceptions to the prohibition where the life and health of the mother is at risk. If this exception is used, however, the physician must attempt to save the life of the unborn baby.  There is another exception based on rape, incest or abuse.  The new statute will impose civil penalties on the physician who violates the act. There is a minimum of one year suspension of the physician's license and at least a $5,000 fine.

If a physician performs an abortion on a minor without notification, the doctor will face civil penalties of at least $5,000. Additionally, the doctor's license will be taken away for at least a year. 

Penalties for both bills apply to only to the doctor.

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  The New Mexico Alliance for Life is a nonpartisan organization focused on changing state and local laws by empowering women with better and informed choices when facing unplanned or difficult pregnancies and advocating for better protections for women and unborn children from an unsafe abortion industry. For more information visit www.nmallianceforlife.org

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