Is a partial-birth abortion considered wrongful death?

There is no doubt that abortion is a complex and sensitive topic, one that many, including you, may have strong feelings about. New Mexico law regarding abortion is equally complex, considering older laws banning abortion that are often considered unenforceable due to Roe vs. Wade and federal law regarding rights to choose. Even more fraught, though, is the case of partial-birth abortion, which is often late-term. But is partial-birth abortion legal in New Mexico, and if not is the death of the fetus considered wrongful death?

This is not an easy question to answer, and like many cases involving such sensitive topics the answer may differ depending on the circumstances. Under New Mexico statutes, Chapter 30, Article 5A, partial-birth abortions are prohibited unless they would save the life of the pregnant person in question. This can include situations such as a stillbirth that must be medically removed before harm to the mother, or other conditions in which the presence of the fetus may be injurious to the mother. Your physician may discuss the possibilities of this procedure with you then, and obtain your consent for a partial-birth abortion.

However, other medical procedures must be taken into consideration first. Performing or seeking this procedure may constitute a fourth degree felony. If the abortion is considered a criminal abortion that results in the death of the pregnant person, it may be escalated to a second degree felony. The expectation of the law is that all measures must be taken to protect the life of the pregnant person by the safest means possible.

This blog post has been intended only for reference purposes, and should not be used as actionable legal advice.

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