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New Jersey Abortion Laws

Abortion is legal in New Jersey throughout all stages of pregnancy.

New Jersey Abortion Laws After Dobbs

In 2022, the U.S. Supreme Court ended the constitutional right to abortion in the case of Dobbs v. Jackson Women's Health Organization. The Court overturned Roe v. Wade, its pivotal 1973 ruling that previously found that the U.S. Constitution contained a right to privacy that included decisions related to abortion.

Although Dobbs upheld a then fifteen-week abortion ban in Mississippi, the Supreme Court's ruling returned to the states the power to regulate and prohibit abortion generally. As a result, Mississippi and several other states enacted stricter abortion bans in the months that followed.

The Dobbs decision had no immediate impact in New Jersey as a state law took effect earlier in 2022, guaranteeing pregnant persons in New Jersey the right to an abortion.

The Freedom of Reproductive Choice Act

New Jersey courts have recognized a right to privacy that includes a right to abortion under state constitutional law for decades. In 1982, the New Jersey Supreme Court invalidated a state law that denied state Medicaid funds for abortions necessary to preserve a pregnant woman's health when procedures necessary to assist in childbirth were funded.

In 2000, the state high court acted again. It blocked a state law that sought to require parental involvement or consent prior to a minor's abortion.

In 2022, anticipating the possibility that Roe would fall, New Jersey lawmakers passed the Freedom of Reproductive Choice Act. The Act provides legal protections for abortion under state law. It recognizes an individual's fundamental right under state law to:

  • Choose or refuse contraception or birth control
  • Choose or refuse sterilization
  • Choose whether to carry a pregnancy to term
  • Choose whether and how to give birth
  • Choose whether or how to end a pregnancy

New Jersey has only minimal regulations for abortion clinics and patients. The state does not require waiting periods or burdensome consent requirements for abortion services. Parental consent is not required. 

Under New Jersey case law, state Medicaid funds can be used for abortions deemed necessary to preserve a pregnant person's life or health.

Expansion in Healthcare Coverage

As part of the Reproductive Choice Act, the state's Department of Banking and Insurance studied changes necessary to rules governing the state-regulated health insurance market. In 2023, state insurance officials announced a new state mandate requiring all state-regulated insurance plans to cover abortion.

The abortion care mandate does not require such plans to provide services at no cost. Normal deductibles and co-pays will apply. An exception allows nonprofit religious employers to request permission to opt out of the coverage based on religious beliefs opposed to abortion.

New Jersey Abortion Laws at a Glance

The table below provides a summary of the basic provisions of New Jersey's abortion laws. See FindLaw's Reproductive Rights section for additional articles and resources about reproductive healthcare issues. 

Relevant New Jersey Abortion Laws

New Jersey Constitution of 1947

Article I - Rights and Privileges

New Jersey Statutes

Title 10 - Civil Rights, Chapter 7 - Freedom of Reproductive Choice

  • Section 10:7-1 (legislative findings and declarations relating to reproductive choice)
  • Section 10:7-2 (rights relating to reproductive choice shall not be abridged; laws, rules, regulations, ordinances, or orders limiting reproductive rights deemed invalid; enforcement)

When Is Abortion Legal?

In New Jersey, abortion is legal at all stages of pregnancy.

Consent Requirements

There are no consent requirements beyond standard patient consent for a medical procedure or treatment.

Penalty for Unlawful Abortion

Where a patient consents for an abortion or one must occur under emergency circumstances, there are no criminal penalties.

Residency Requirement?

None.

Is Medication Abortion Available?

Yes. Medication abortion is available in New Jersey for both residents and non-residents.

Physician Licensing Requirements

Licensed physicians can perform abortions throughout a pregnancy. Licensed advanced practice clinicians (including physician assistants, advanced practice nurses, and certified nurse midwives) can also perform certain in-office procedures when acting under their scope of practice.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any New Jersey law you are reviewing.  

How Does New Jersey Compare to Other States?

New Jersey's abortion laws are some of the least restrictive in the country. Governor Phil Murphy and a majority of state legislators support abortion rights.

At present, abortion remains legal at least until fetal viability in the majority of states. In nearby New York, abortion is legal through 24 weeks of pregnancy, in the absence of fetal viability, or when necessary to preserve the life or health of the patient.

In contrast, Texas, Florida, and a dozen other states have enacted near-total abortion bans. Other states allow abortion access only in the first trimester of a pregnancy, which is up to 12 to 15 weeks.

A Note About Medication Abortion

In 2000, the Food and Drug Administration (FDA) approved the use of mifepristone, one of two drugs used in abortion pills. The FDA expanded access to abortion medications, allowing the use of telehealth services and mailing prescriptions through the mail. Medication abortion now accounts for some 63% of all abortions annually in the U.S.

Abortion opponents filed a legal challenge to the use of mifepristone and the FDA rule changes in 2022. States where abortion remained legal filed suit to preserve access to the drug. The U.S. Supreme Court intervened, allowing the use of mifepristone while it heard the case.

In June 2024, the Supreme Court found that the abortion opponents, physicians who did not perform abortions or prescribe abortion pills, did not have standing to challenge the FDA's actions. The Court's decision means that legal access to medication abortion will remain unchanged for now. States that have banned abortions are likely to bring a similar challenge forward in the future.

Research the Law

New Jersey Abortion Laws: Related Resources

Questions About New Jersey Abortion Laws? Ask an Attorney

Abortion, like other healthcare services, is related to other areas of law. This can add complexity to legal research. This is true even in states like New Jersey where the laws are fairly permissive.

If you need more information or clarification about New Jersey's abortion laws, consider speaking to an experienced attorney. Getting legal advice from a family law attorney or healthcare lawyer near you can make a difficult decision easier.

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