Abortion laws vary across the United States, with some states imposing more restrictions than others. New York has some of the least restrictive abortion laws in the country, and abortion has been legal in the state since 1970 – three years before the Roe v. Wade decision. In this paragraph, we will explore the abortion laws in New York and how they compare to other states.
Characteristics | Values |
---|---|
Abortion legality | Legal and protected |
Abortion law enactment | 1970 |
Abortion law protection | Reproductive Health Act, 2019 |
Abortion access | Available to all, including out-of-state residents |
Abortion limit | 24 weeks without reason, after 24 weeks if health or pregnancy is at risk |
Minors' consent | Not required |
Minors' confidentiality | Protected |
Insurance coverage | Covered by Medicaid and private health insurance |
Discrimination protection | Protected against discrimination based on reproductive health decisions |
Fake abortion clinics | Warnings issued |
Abortion pill reversal | Not approved by FDA |
What You'll Learn
Abortion is legal and protected in New York State
In New York, people of all ages have the absolute right to an abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted if a medical provider decides that the fetus is not viable or that the patient's life, physical health, or mental health is at risk. Minors in New York do not need parental permission to get birth control, abortion, prenatal care, or other reproductive health services.
New York law requires Medicaid and all state-regulated private health insurance plans to cover abortions. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing. Additionally, New York protects against discrimination based on reproductive health care decisions. Employers cannot discriminate against employees or potential employees based on their reproductive health decisions. Furthermore, no one can threaten, hurt, or intimidate a person or interfere with their decision to have an abortion or use any other reproductive health service.
New York State also has laws in place to protect people seeking abortions from fake "abortion clinics," also known as crisis pregnancy centers or limited-service pregnancy centers. These facilities are not abortion clinics and instead try to prevent people from having abortions, sometimes even from using contraception. They often imitate real abortion clinics by using similar names, banners, and signs, and they are often located near legitimate abortion clinics. New York City law requires these facilities to post a sign in English and Spanish stating that they do not have a medical provider on-site and do not provide abortion care.
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Abortion is accessible to all, including minors and non-residents
Abortion laws in New York are real and abortion is accessible to all, including minors and non-residents. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion throughout the United States. In 2019, New York's Reproductive Health Act further strengthened abortion rights. With these protections in place, any federal decisions to limit access to abortion will not impact abortion rights in New York.
Abortion access is available to all New Yorkers and those coming from outside the state. You do not have to be a New York resident to receive care. Medication abortion and in-clinic abortion are both available. In New York, you can get an abortion up to and including 24 weeks into a pregnancy. After 24 weeks, you can still get an abortion if your health or pregnancy is at risk.
Abortion services in New York are confidential. Abortion providers and other healthcare professionals are not allowed to disclose any information without your permission. This includes medical records, as well as any information about your appointment or procedure. This applies to the other biological parent of the fetus, parents (if the patient is a minor), and anyone else who you have not given express permission to receive information about your abortion.
In New York, health insurance, including Medicaid, may cover the cost of an abortion. New York requires Medicaid and all state-regulated private health insurance plans to cover abortions. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing. For New Yorkers who need help with payment, there are resources available that can help cover costs. The New York Abortion Access Fund (NYAAF) is one such resource.
New York law also protects against discrimination based on reproductive health care decisions. Your employer, or an employer considering hiring you, cannot discriminate against you based on your reproductive health decisions. No one can threaten, hurt, or intimidate you, or interfere with your decision because you have had, plan to have, or are having an abortion, or are using any other reproductive health service.
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Abortion is legal up to 24 weeks, with exceptions after
Abortion laws vary across the United States, with some states imposing waiting periods, detailed consent and counseling mandates, and other regulations on abortion clinics and healthcare providers. However, in New York, abortion is legal and protected.
In New York, abortion is legal up to 24 weeks of pregnancy. After this point, abortion is permitted if a medical provider decides that the fetus is not viable or that the patient's life, physical health, or mental health is at risk. This law has been in place since 1970, three years before the Roe v. Wade decision legalized abortion across the country.
The right to abortion is codified in New York State law, so federal decisions to limit access to abortion do not impact the state. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights and make the right to abortion part of state law. This law expanded protections for abortion access, allowing certain healthcare professionals who aren't doctors to provide abortion services. It also broadened the list of legal exceptions for performing an abortion past 24 weeks, ensuring abortion is available throughout pregnancy when necessary to protect the patient's life or health.
New York also has several other protections in place regarding abortion. For example, abortion services are confidential, and healthcare providers cannot share medical records or information about reproductive healthcare services without the patient's permission. Additionally, New York requires insurance coverage of abortion and protects against discrimination based on reproductive healthcare decisions.
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New York shields those seeking abortions from civil and criminal litigation
Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision permitted abortion throughout the United States. In 2019, New York passed the Reproductive Health Act to further strengthen abortion rights and protect access to reproductive rights across the state. This legislation ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion.
New York's abortion laws shield those seeking abortions from civil and criminal litigation. The state's legislation prohibits courts from cooperating with out-of-state civil and criminal cases that stem from abortions that took place legally within their borders. This means that New York courts and officials will not cooperate if another state tries to prosecute, sue, or otherwise penalize a New York health care provider offering a legal abortion.
The state also protects the privacy and confidentiality of those seeking abortions. Health care providers are generally prohibited from sharing medical records or information about reproductive health care services without the patient's permission. This includes abortion, birth control, and testing and treatment for sexually transmitted diseases. Additionally, employers cannot access personal information about their employees' or their partners' reproductive health decisions.
New York has also taken steps to protect reproductive healthcare providers from retaliatory actions by anti-abortion states. For example, legislation prohibits professional misconduct charges against healthcare practitioners who provide reproductive healthcare services to patients from states where such services are illegal. It also prohibits medical malpractice insurance companies from taking adverse action against providers who perform legal abortions in New York, even if the patient is from a state where abortion is restricted.
New York has a strong commitment to protecting the rights of those seeking and providing reproductive healthcare. The state has enacted legislation to ensure that abortion remains safe, legal, and accessible for all who need it.
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New York requires insurance coverage of abortion
New York has a long history of protecting abortion rights. The state first legalised abortion in 1970, three years before the Roe v. Wade decision legalised abortion across the US. In 2019, New York passed the Reproductive Health Act, which further protected access to reproductive rights and made the right to abortion found in Roe v. Wade part of state law.
New York also has laws in place to protect those seeking an abortion from discrimination and interference. For example, employers cannot discriminate against employees based on their reproductive health decisions, and healthcare providers cannot share medical records or information about reproductive health care services without the patient's permission.
In addition, New York has enacted shield laws to protect those seeking an abortion in the state from civil and criminal litigation from their home state. This includes patients using telehealth services from a New York medication abortion provider. New York also has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive healthcare services, including abortion.
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Frequently asked questions
Yes, abortion has been legal in New York since 1970, three years before the Roe v. Wade decision.
People of all ages have the absolute right to an abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted if the fetus is not viable or if the patient's life, physical health, or mental health is at risk.
No, you do not need to be a New York resident to receive abortion care in the state.
No, minors can consent to confidential abortion care in New York.
Yes, New York requires that both public and most private health insurance cover abortion care.