Our Rights to Reproductive Health, Abortion Care, and Autonomy in New Jersey

Yes, unequivocally. Abortion is legal and constitutionally protected in New Jersey, with the right guaranteed through legislation and under our state Constitution.

Yes. New Jersey is one of 15 states whose state Medicaid program covers abortion, in addition to other reproductive health care.

Some do, some don’t. Many private insurances do cover abortion, but in New Jersey, they are not required to do so at this time. The ACLU-NJ is advocating for legislation that requires insurance companies that operate in the state to cover abortion care with no out of pocket costs to the patient. Take action to help pass this important legislation.

Yes. In New Jersey, anyone who becomes pregnant can obtain an abortion, and they can provide consent for their medical care. The New Jersey Supreme Court struck down a law requiring parental notification in New Jersey.

Yes, in New Jersey, our laws protect the right for someone from another state to have an abortion here, and the right for health care practitioners to provide them. But the laws of other states are still developing now that the U.S. Supreme Court has overturned federal protections of abortion rights. If you’re living in a state with laws restricting residents’ rights to receive abortion care, an important first step is speaking with a provider to ask about your options for getting care. We also encourage you to contact your state ACLU affiliate and other local organizations that focus on reproductive freedom. The fast-changing legal landscape makes definitive answers difficult.

New Jersey recently enacted a law that prohibits state officials from cooperating with out-of-state investigations seeking to prosecute providers or patients for providing abortion care, and we are monitoring its implementation. An important note: although New Jersey lawmakers have endeavored to protect people both in-state and out, given the current climate, it’s difficult to accurately assess the level of risk people from other states assume regarding their state’s enforcement, despite New Jersey’s protections.

The website Abortion Finder – at www.abortionfinder.org – provides a nationwide tool for finding abortion providers, allowing searches based on factors including location and length of the pregnancy.

Please be aware that there are facilities that advertise pregnancy related services, but often are not licensed or regulated medical facilities and do not provide abortion care, abortion referrals, or contraception. These anti-abortion centers, also known as Crisis Pregnancy Centers or Crisis Resource Centers, use language similar to abortion care providers, but seek to deter people from accessing abortion care.

No, the U.S. Supreme Court decision does not change abortion law in New Jersey. In New Jersey, abortion and reproductive autonomy are protected by state law and the state Constitution, for those who live here and for those coming from another state. 

The right to abortion is already a fundamental constitutional right in New Jersey. Our state constitution provides robust privacy protections, which our state courts have interpreted for forty years to protect the right to an abortion. The Freedom of Reproductive Choice Act (FRCA), signed into law in January 2022, specifically recognized the existing constitutional protections and codified reproductive rights into state law.  

Any effort to amend our state constitution would require a careful, deliberative process involving constitutional experts to ensure that it safeguards existing rights without adding harmful restrictions or creating limitations to future protections. 

Instead of a constitutional amendment, what is urgently needed in New Jersey is the removal of barriers that prevent people from accessing their right to abortion. New Jersey lawmakers must take immediate action to make abortion access a reality for all who need it by passing the Reproductive Equity Act.   

• The New Jersey Office of the Attorney General offers a guide for knowing your rights.
• The Abortion Finder website can help you locate a service provider.
• The New Jersey Abortion Access Fund can help New Jerseyans who need help with abortion care.
• The National Abortion Federation, the professional association of abortion providers, can help you access abortion care.
• The National Network of Abortion Funds provides financial support for people in need of abortion services.

While abortion care remains safe and legal in New Jersey, this moment calls for immediate action to ensure that this essential health care is accessible for all in the Garden State. A bill in our state Legislature, S2918/A4350, would expand abortion access regardless of insurance, income, or immigration status. Take action to expand abortion care for all by passing and signing into law S2918/A4350.