Pregnant people may experience a variety of gaps and barriers to care when accessing abortion.

General information intended for broad audiences isn’t always inclusive or applicable to our real lives.

People of different identities and those living through particular realities may face specific and often, dangerous obstacles in seeking care.

We affirm that every person deserves room to make their own decisions about their bodies and lives, AND know that is not always realistic.

Below, we provide more detailed information about accessing abortion that may be helpful for:

For people who are incarcerated, getting access to abortion and other related services is often challenging. While access to healthcare is constitutionally protected for people who are incarcerated, it can be really difficult, or even impossible, to actually get an abortion.

State and County Facilities

New Mexico’s state prison system and sometimes county jails are supposed to offer a pregnancy test during intake, and inform the person of the result. Those who are pregnant should be provided pregnancy options, including abortion care and comprehensive prenatal care. Whether an incarcerated individual gets needed healthcare services depends largely on where they are incarcerated and who is in charge.

Incarcerated individuals who are pregnant should be able to request an appointment to discuss pregnancy options with a provider. If a pregnant person decides to have an abortion, they should be taken to a clinic/provider that offers abortion care. For patients incarcerated in a county jail or state prison, there should be no cost for this care.

Federal Facilities

For those incarcerated in a federal facility (federal prison or U.S. Immigration and Customs Enforcement [ICE] Detention), the Hyde Amendment prohibits the use of federal dollars to pay for abortion and abortion-related services. In theory, there are exceptions if a pregnancy is the result of rape, incest, or if the pregnant person’s life is at risk, but the legal steps to prove those circumstances will likely be a barrier to getting a timely abortion.

If paying for your abortion is a barrier, you or someone you trust can reach out to a local abortion provider or abortion fund to find out if you qualify for financial assistance.

All Facilities

If an incarcerated individual is denied access to an abortion, it may be helpful for them, or their trusted contacts, to seek legal representation. A legal representative or attorney may facilitate obtaining a medical furlough that would allow the incarcerated person to travel for abortion care. If your attorney is having a hard time getting you the care you need, there may be support from organizations like the ACLU of New Mexico to help explore other legal avenues. An incarcerated person and their trusted contacts may also connect with advocacy groups or their local legislators that could potentially draw attention to their urgent need for abortion. These efforts would likely compromise the pregnant person’s privacy within the correctional system and community.

Sexual Violence and People Who Are Incarcerated

Federal, state, and local detention centers in New Mexico are obligated to prevent sexual violence in facilities, but many incarcerated people still face sexual violence. Each prison has a designated Prison Rape Elimination Act (PREA) Compliance Manager. This person is responsible for investigating allegations of sexual assault or harassment, whether the alleged perpetrator is a person who is incarcerated or staff. The Compliance Manager is required to confidentially connect the person who is incarcerated and experiences sexual violence to a PREA advocate at a nearby rape crisis center.

The PREA requires the New Mexico Corrections Department to collect and review data in order to assess and improve the effectiveness of its sexual abuse prevention and response policies and practices. More information about the PREA and annual statistics can be found on their website. Being told that your claim is “unsubstantiated” doesn’t mean that you were not raped or harassed. It simply means that the facility was not able, or did not try hard enough, to get evidence to support your claim.

For anyone who has found this section of the guide on your own behalf or on behalf of someone you care about, we want you to know that there are options and support available. Any and every choice you make about your body, pregnancy, or what to do after sexual assault is valid. If someone becomes pregnant as a result of sexual violence, intimate partner violence, or is navigating different types of violence (including emotional control or other unsafe situations), abortion is an option that should be available to them.

Violence perpetrated against us can feel like a loss of control over our bodies. These first steps to regain our autonomy through choices that are right for us can contribute to our healing from the impact of trauma and assault. Whatever decisions are made to address or not address the violence, or to access or not access abortion, survivors are making the best decisions they can at the time with the resources available to them. Know that healing can take time and that support is available at any point later in life as well.

The realities of domestic and sexual violence are undeniable; the trauma, control, and barriers survivors face across multiple systems leave lasting impacts. If you or someone you know needs support, contact your local domestic violence or sexual assault service program for free and confidential emotional support, advocacy, and counseling. Violence often deprives people of autonomy over their bodies and choices, and as a result, many encounter significant obstacles when trying to access abortion care.

It is common for people experiencing violence to feel concerned that their actions or decisions are being monitored. If this is true for you, it is normal to feel worried about sharing your information with a healthcare provider. If you seek care with a provider, please know that you can have a confidential conversation with them about your safety concerns. Your provider is able to offer you options and practice extra precautions in their communications with you. For example, you can ask that they don’t call or text you, or leave messages on your phone, but instead wait for you to reach out.

If you are being pressured into having an abortion and can find a way to tell the provider/clinic staff you don’t want an abortion, they are trained to listen and stop moving forward.

People who become pregnant as a result of sexual assault can make a range of decisions about their pregnancies. There is not one right way or set of choices, and everyone should be empowered to choose what is best for them.

While the impact of sexual assault can often lead to a sense of isolation, it is important to know that you are not alone in what has happened. A survey found that over half of New Mexicans have experienced some form of sexual assault in their lifetime. 

While we know that the experience of sexual assault can unfortunately be common, our community members, friends, and family can vary in their readiness to talk about it. For some, these support systems are a good place to start in talking about what has happened, seeking support, and making decisions. For others, it can be helpful to seek professional support at a Sexual Assault Service Provider.

If you are pregnant as a result of sexual assault and decide to seek care, going to a local Sexual Assault Service Program can be one of your best options. Their providers and staff are specifically trained to care for people who have experienced sexual violence. Sexual Assault Service Programs are designed to protect your privacy, confidentiality, and safety to the best of their ability. Staff can support you in talking through options and help identify any resources and next steps that feel best for you.

For those seeking medical care related to their assault or who may wish to report what happened, a Sexual Assault Nurse Exam (SANE) may be an option for you. SANE nurses are specifically trained in providing care after a sexual or physical assault. Their first priority is to provide healthcare after an assault to ensure you are safe, as well as collect forensic evidence should you choose to report. Depending on the timing of the assault and when you seek care, they can provide emergency contraception (the morning after pill or copper IUD), as well as sexually transmitted infection testing and prevention medication. They can also provide referrals for pregnancy testing, abortion, and a range of pregnancy care options.

It is important for people to know that you do not need to report your sexual assault to law enforcement to receive an exam and other services. It is up to you to decide whether or not to report to law enforcement. Reporting to law enforcement will help your case in receiving justice and holding your perpetrator accountable. Others may decide not to share with anyone because of safety concerns and/or other reasons.

Note: If someone decides not to or cannot access a Sexual Assault Service Program, a hospital can be an option to get a Sexual Assault Nurse Exam. However, they may be charged for the exam and medical services provided, even if they have insurance.

Pregnancy and Intimate Partner / Domestic Violence

If you or someone you know is experiencing intimate partner violence, you may want to consider reaching out to an intimate partner / domestic violence program for support and resources. You deserve to access the care and services you want and need without the threat of violence.

For more information, contact the New Mexico Coalition Against Domestic Violence.

Initial consultation for pregnancy for active military members, those receiving care through Veterans Affairs (VA) clinics/hospitals, and those covered under TRICARE should take note of federal guidelines and restrictions. While your facility may provide pregnancy testing, the Hyde Amendment and recent policy changes (2025) have restricted abortion care in various ways.

This means that people in the military or those who access care through the VA will generally need to go outside of the military healthcare systems for abortion care. The cost of an abortion will most likely be an out-of-pocket expense.

People in New Mexico have the right to access abortion and other types of reproductive healthcare regardless of their immigration status. Immigrants, refugees, mixed-status and undocumented people may face additional barriers, including stigma, fear of interacting with authorities, and language access, which can all affect the ways they are able to access abortion.

While these barriers exist, many providers in New Mexico serve immigrant communities across their healthcare needs.

Transgender** and non-binary** people often face barriers to accessing the high-quality and non-discriminatory reproductive healthcare they deserve. Reproductive healthcare is an area of medicine in which inaccurate binary beliefs and assumptions about sex and gender are still pervasive among care providers. As a result, many transgender and non-binary people may avoid these settings until care is absolutely necessary.

Transgender and non-binary people often experience the same or different types of stigma and discrimination within reproductive healthcare as they experience in other healthcare settings. While care can vary widely, some reproductive healthcare clinics, including those that provide abortion care, offer reproductive and general healthcare services inclusive to transgender and non-binary people. Some facilities have implemented gender inclusive intake forms, including sections for gender options, names, and pronouns, and have staff trained in providing welcoming and affirming care, while others continue to focus on cisgender women as their sole service population. Asking particular providers/clinics about their experience serving transgender and non-binary people may be helpful as you continue your healthcare journey.

Transgender and non-binary people may benefit from adding support people to their care team, such as abortion doulas, or loved ones who might be available to accompany them while accessing abortion care. It can be helpful to delineate boundaries around language and treatment prior to entering a care setting so that once care is initiated, there is less time and energy spent trying to create safety within a healthcare context that may not be ideal.

Transgender and non-binary patients should expect to be asked detailed questions about their health history, including questions about menstrual cycle history, medication use (including hormone therapy), medical history, and more. This information is used to help determine the safety and timing of abortion care. It is always ok to decline to give health history information that you are not comfortable sharing, and it is always ok to leave a medical environment that does not feel safe for you.

We know that people who struggle with substance use and addiction face high levels of scrutiny and stigma. People living through cycles of substance use deserve support during pregnancy, whether they choose abortion, adoption, or parenting.

As part of standard care, clinics and providers that offer abortion services ask about and document a pregnant person’s medical history. A medical history will likely include questions about health conditions, prior pregnancies, substance and alcohol use, surgical history, medications and supplements, and allergies. Medical providers ask for this sensitive information to determine pregnancy timeline, abortion options, and level of risk. Certain health conditions, prescribed medications, or substance use can increase the risk of complications during pregnancy or abortion care.

Laboratory testing may also be required to confirm the pregnancy, check blood type, or monitor preexisting health conditions.

Depending on the type of abortion, pain medication and IV fluid may be used.  If patients have concerns with particular medications being used during an in-clinic procedure or prescribed after an abortion, it’s a good idea to talk to the provider about your concerns, preferences and alternative treatment options.

While it is not standard practice, a provider may request a urine drug test. A pregnant person has the right to decline drug testing, and in general, it should not affect their ability to receive an abortion. Recent substance use might make some anesthesia unsafe, so disclosing your use is important. Arriving at an appointment while under the influence of substances or alcohol may result in the appointment being delayed or canceled due to provider bias, increased risk of complications, or concern about the patient not being able to consent to the procedure.