The pro-life movement in Puerto Rico, which has been working since the fall of Roe v. Wade to implement protections for pre-born children, has been making real progress.
Abortion is technically a crime in Puerto Rico, the U.S. territory in the Caribbean with a population of about 3.2 million people. In practice, abortion can be procured if it is claimed to be for the “health” of the pregnant woman, with the El Pueblo de Puerto Rico vs. Pablo Duarte Mendoza case stipulating that this refers to both physical and mental health.
That may be about to change.
“According to the newly confirmed Secretary of Justice Lourdes Gomez Torres the law of the land in Puerto Rico is the Penal Code,” Joseph Pardo, a Puerto Rican pro-lifer who runs Hope Women’s Clinic told me. “Pueblo vs Duarte was the court ruling that permitted abortion in PR, but it was based on Roe v. Wade. When Roe fell, P vs D should have fallen as well. The previous Sec. of Justice that was in office when Roe fell responded by saying that he would not enforce the Penal code.”
In a recent senate hearing, Gomez stated that her interpretation of the law, and the policy of the government, will be that life is protected from conception, during questioning by Senator Joanne Veve. In a follow-up news interview, the Secretary of Justice confirmed that the Penal Code is in effect in Puerto Rico, and that Pueblo v. Duarte is not. The Puerto Rico Penal Code restricts abortion in Sections 98, 99, and 100.
Representative Lisie Burgos released a statement celebrating renewed protection for pre-born children in Puerto Rico:
“Abortion has not been ‘banned,’ it is now the official policy of this new administration that the interpretation of the law that we are under the Penal Code, which makes abortion illegal,” Pardo told me. “Remember, Puerto Rico is a place where abortion is and has been performed up to birth since Pueblo v. Duarte was decided by the Supreme Court of Puerto Rico on April 17, 1980.”
“We are waiting to see how loosely they interpret the clause of the Penal Code that states ‘for the health of the mother,” Pardo noted. “As you know, people argue that this clause is not only for saving from death (a rare occurrence) but also for socio-economic reasons, psychiatric reasons, so forth and so on…How will they handle this? Will they shut the abortion clinics? Will they say ‘health means any reason’? I don’t know. We are yet to see action, as Lourdes Gomez was just confirmed a couple of days ago.”
Despite that note of warning, Pardo said, he is “cautiously optimistic.”
“We have been saying for years: Do not make new laws regarding abortion because we have the penal code, and when Roe falls, we revert back to that!” he said. “We are thankful that no laws were passed that would ‘restrict’ abortion because if those laws passed (a 20-week ban, 18-week ban, 15-week ban, etc.), then those laws would have actually permitted abortion up to whatever week the law prescribed. Now we are in a place where we have a Secretary of Justice that is claiming she will enforce the law we have, the Penal Code. For that we are hopeful that this will end abortion here in Puerto Rico and protect the life of the child from conception!”
Meanwhile, the pro-life movement is preparing to push the government to uphold the law. Students for Life Puerto Rico, Pro Vida Puerto Rico, Alerta Puerto Rico, and other pro-life groups are “preparing to put fire to the feet of the government officials to uphold the laws and enforce the Penal Code.” There are pro-life lawyers also preparing to take action if necessary. “We know that we need a national voice to help us put fire to the feet of the government officials, and we are thankful that stateside voices are going to be speaking on this to bring more attention to it.”
The process will likely play out over the coming weeks and months. With enforcement of Secretary Gomez’s interpretation will come lawsuits that could lead to official revocation of Pueblo v. Duarte, or new permissive laws on abortion.
As for Pardo, he is hoping that crisis pregnancy centers will soon become much busier. “We have two locations in Puerto Rico, one in San Juan and one in Bayamon,” he said. “We are preparing ourselves for an influx of women that are desperately looking for help and hope! We have already served over 500 clients in 2025 in our two centers and want the people of Puerto Rico to know that we are here to give that hug, that help, and that hope when they find themselves in a desperate situation. We are here to serve! “
