Abortions On Minors without Parental Consent

In 2021, New Mexico repealed its parental consent requirement for minors seeking abortions, making it one of the few states where a minor can obtain an abortion without parental notification or permission—even for a child as young as 13. 

•  House Bill 7: Reproductive and Gender‑Affirming Health Care Freedom Act (2023)
  This law prohibits public agencies, entities, or individuals from interfering with an individual’s—including a minor’s—access to reproductive or gender-affirming healthcare. It effectively blocks parents or schools from restricting or being notified about a minor’s abortion decision.
   
• Senate Bill 13 (2023)
  This legislation shields abortion and gender-affirming care providers and patients—including minors—from civil or criminal prosecution (including out-of-state legal action) tied to providing/receiving such services.

Together, HB 7 and SB 13 create a legal environment where parental involvement in a minor’s abortion is not just absent—it’s actively prevented by law. 

• The absence of parental involvement requirements may facilitate cases of abuse or trafficking, as minors could be brought to clinics by third parties without oversight.
   
• Lawmakers and family advocates argue that parental access serves as a critical safeguard to protect against instances of exploitation.

 The U.S. Supreme Court has repeatedly recognized parental rights in directing medical care for minors (Parham v. J.R., 1979). So, why is New Mexico actively fighting against it?

 The majority of states still require some form of parental involvement for minors seeking abortion—New Mexico is an outlier. 

 While New Mexico law excludes parents from abortion decisions, families still have rights that matter:

• Right to Educate and Guide Your Child: Parents can and should talk openly with their children about sexual health, pregnancy, and family values.
   
• Right to Provide Support: Children who feel supported at home are far more likely to confide in parents instead of seeking help elsewhere.
   
• Right to Advocate for Policy Change: Parents can speak to legislators, school boards, and community leaders about restoring parental involvement requirements.
   
• Right to Choose Healthcare Providers: For general medical care, parents still direct which doctors and clinics provide treatment for their children.

 “If parents must give permission for Tylenol, they should be involved in abortion decisions.” 

 “No minor should face life-changing medical risks without the guidance and support of their parents.” 

 “New Mexico’s lack of parental involvement laws is extreme compared to most of the country.” 

 “Protecting kids means making sure parents are not left in the dark.” 

 Know that in New Mexico, minors can access abortion without parental consent. Share this fact with other parents. 

 Have open conversations about sexual health, relationships, and the value of life so they come to you first. 

 Support legislation that restores parental involvement requirements in abortion decisions. 

 Encourage schools, churches, and local organizations to provide alternatives and resources for young people facing unplanned pregnancies.