Section 30-5A-4 - Civil remedies. - New Mexico Statutes

30-5A-4. Civil remedies.

A.     Except as provided in Subsection B of this section, the following persons may bring a civil action to obtain relief pursuant to this section against a person who has violated the provisions of Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act:   

(1)     the person on whom a partial-birth abortion was performed;   

(2)     the biological father of the fetus that was the subject of the partial-birth abortion; and   

(3)     the parents of the person on whom the partial-birth abortion was performed if that person had not reached the age of majority at the time of the abortion.   

B.     The persons named as having a right of action in Subsection A of this section are barred from bringing a civil action pursuant to this section if:   

(1)     the pregnancy of the person on whom the partial-birth abortion was performed resulted from criminal conduct of the person seeking to bring the action; or   

(2)     the partial-birth abortion was consented to by the person seeking to bring the action.   

C.     A person authorized to bring a civil action pursuant to this section may recover compensatory damages for loss caused by violation of Section 3 of the Partial-Birth Abortion Ban Act [30-5A-3 NMSA 1978].