Cecily Zamora
New York's Reproductive Health Act, signed into law by Governor Andrew Cuomo in 2019, expanded access to abortion in the state. The law permits abortions after 24 weeks of pregnancy if the mother's life or health is threatened or if the fetus is not viable. However, it is important to note that the law does not allow for the murder of a baby a minute before it would be born, as some have falsely claimed. New York law defines a live birth as the complete expulsion or extraction of a product of conception that shows signs of life, such as a beating heart or voluntary muscle movement. This definition aligns with the state's penal code, which considers killing a baby after it is born to be homicide.
| Characteristics | Values |
|---|---|
| Abortion legality in New York | Legal through 24 weeks, or thereafter if the fetus is not viable or to protect the patient's life or health |
| New York's RHA | Removes abortion from the state's penal code |
| Definition of "live birth" | Complete expulsion or extraction from its mother, which after such separation, breathes or shows any other evidence of life |
| New York's stance on abortion | Less restrictive than other states |
| Medicaid insurance funds | Can be used to cover abortion when necessary to save the mother's life, in cases of rape, or incest |
| New York's insurance laws | Private insurers must offer coverage for medically necessary abortions |
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What You'll Learn
New York's Reproductive Health Act
The RHA permits abortion after 24 weeks of pregnancy only if the mother's life or health is threatened or if the fetus isn't viable. Prior to the passage of the RHA, New York law banned abortions after 24 weeks of pregnancy, except when necessary to save the life of a pregnant woman. The RHA also repealed §4164 of the state Public Health Law, which recognized licensed physicians as the only medical providers able to perform abortions.
The RHA has been criticized for removing abortion from the criminal code, with some arguing that this could have consequences for crimes against pregnant women. However, supporters of the bill argued that it was needed to codify abortion rights in the state and take abortion out of the state criminal code, placing it in public health law instead.
In addition to the RHA, New York has also enacted shield laws to protect those seeking an abortion in the state from civil and criminal litigation from their home state. New York also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive healthcare services, including abortion. New York has also modified its insurance laws, requiring private insurers to offer coverage for medically necessary abortions.
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Abortion access protections
New York has also enacted shield laws to protect those seeking abortions from civil and criminal litigation from their home state, including for patients using telehealth services from New York medication abortion providers. The state has taken steps to expand access to contraception, allowing pharmacists to dispense certain hormonal contraceptives without a prescription. Additionally, New York prohibits interference with healthcare services, implementing specific criminal laws to prevent individuals from blocking access to reproductive healthcare, including abortion.
The state has also addressed funding and insurance coverage for abortions. New York has laws requiring private insurers to cover medically necessary abortions and has used state funds to expand Medicaid coverage for reproductive healthcare, including abortions, for low-income patients. The Hyde Amendment, while banning the use of Medicaid funds for abortions except in specific circumstances, has been modified to allow the use of such funds in cases of rape and incest.
More recently, in June 2024, the U.S. Supreme Court ruled to maintain access to medication abortion across America. Following this, New York voters approved Proposition One, an amendment to the state constitution, which explicitly protects abortion rights and access to reproductive healthcare. This amendment also establishes protections against discrimination based on various factors, including sex, sexual orientation, gender identity, and pregnancy outcomes.
The New York State Senate has also advanced legislation to strengthen abortion rights and access, focusing on safeguarding reproductive health, privacy, and the training of healthcare practitioners. These measures include the Reproductive Freedom and Equity Grant Program, which provides reimbursement for travel, meals, and lodging for individuals accessing abortion care, and the New York State Abortion Clinical Training Program Act, which establishes a clinical training program for healthcare practitioners in abortion procedures and related reproductive healthcare services.
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New York's abortion laws and public funding
Abortion laws in New York State allow abortion up to 24 weeks from the commencement of pregnancy. After 24 weeks, abortion is only permitted if the fetus is not viable or if the abortion is necessary to protect the patient's life or health. This legislation, known as the Reproductive Health Act, was signed into law by Governor Cuomo in 2019. It expanded access to abortion services by allowing certain healthcare professionals who aren't doctors to provide abortions.
New York State has a history of protecting reproductive rights, with abortion being legalised in the state as early as 1970, before the Supreme Court's decision in Roe v. Wade. In 2022, following the Supreme Court's decision to overturn Roe v. Wade, Governor Hochul signed a package of six bills to protect the rights of patients and reproductive healthcare providers. This included measures to expand access to hormonal contraception and abortion services for students enrolled in SUNY or CUNY colleges. New York has also enacted shield laws to protect those seeking abortions from civil and criminal litigation, including for patients using telehealth services from a New York medication abortion provider.
In terms of public funding, New York has taken steps to ensure that abortion services are accessible to low-income patients. The state has enacted laws to use state funds to expand Medicaid coverage for all reproductive health care, including abortion. Additionally, New York modified its insurance laws to require private insurers to offer coverage for medically necessary abortions. The state also expanded the Family Planning Grant Program, bringing the overall program to over $50 million, and expanded postpartum Medicaid coverage from 60 days to one year postpartum, regardless of immigration status.
New York State also provides funding for practical support related to abortion care, such as transportation, lodging, and childcare, through the Reproductive Freedom and Equity Program. The state operates an Abortion Access Working Group, which meets regularly to guide state policy and respond to on-the-ground needs. Additionally, the New York State Senate has passed legislation to establish educational and awareness programs related to women's health, including the New York State Abortion Clinical Training Program Act and the Public University Emergency Contraception Education Act.
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New York's abortion laws and insurance
Abortion is legal in New York through 24 weeks of pregnancy. After 24 weeks, abortion is legal only if the fetus is not viable or when necessary to protect the patient's life or health. The New York State Health Commissioner and Governor have also taken steps to expand access to contraception, authorizing pharmacists to dispense three types of hormonal contraceptive medication without a prescription.
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. The state has also enacted "telemedicine abortion shield laws" to prevent officials from extraditing abortion providers to other states or from responding to subpoenas and other legal actions.
New York also prohibits interference with healthcare services. It has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive health care services, including abortion.
In New York, you can receive an abortion regardless of your age, gender identity, and immigration status, even if you do not have insurance. If you are a teenager, you can get sexual health services, including abortion care, at a clinic without your parents' permission or knowledge.
New York requires Medicaid and all state-regulated private health insurance plans to cover abortions. Any state-regulated private insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing.
Abortion funds can help pay for abortions even if you do not have insurance, and they do not ask for immigration status. The New York City Abortion Access Hub provides confidential help with finding an abortion provider in New York City, scheduling an appointment, getting financial assistance, and finding transportation and lodging.
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New York's abortion laws and telehealth services
Abortion is legal and protected in the state of New York. In 2019, the state passed the Reproductive Health Act to protect access to reproductive rights and make abortion legal in the state. This law expanded protections for abortion access, allowing certain healthcare professionals who aren't doctors to provide abortion services. New York law also permits abortions after 24 weeks if the foetus is not viable or if the mother's life or health is at risk.
New York City Mayor Eric Adams and NYC Health + Hospitals have launched telehealth abortion access. Patients seeking abortion care can schedule a Virtual ExpressCare appointment to speak with a New York state-licensed healthcare professional by video or phone. If clinically appropriate, patients will be able to receive a medication abortion kit at their New York City address within a few days. This service is available seven days a week, between 9:00 am and 9:00 pm, and provides patients with access to safe, legal abortion care.
Medication abortion prescribed during a telehealth appointment is available to clinically eligible patients who are up to 10 weeks into their pregnancy. Patients must attest to being in New York City at the time of the call and when they take the medication. If a patient chooses to receive abortion medication by mail, the address must be in New York City.
Telehealth abortion care is also provided by Hey Jane, which offers safe, effective, and completely legal abortion care through telemedicine. Hey Jane has served over 80,000 patients since launching in January 2021 and has been independently certified by the National Abortion Federation and LegitScript. They offer sliding-scale pricing based on income for all their services and also partner with abortion funds to help patients pay for treatment.
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Frequently asked questions
No, full-term babies cannot be aborted under New York law. Abortion is legal in New York through 24 weeks. Thereafter, abortion is permitted only if the fetus is not viable or when necessary to protect the patient's life or health.
Abortion is legal in New York. In 2019, the state legislature passed The Reproductive Health Act, which expanded protections for abortion access and allowed certain healthcare professionals who aren't doctors to provide abortion services.
Before the passing of The Reproductive Health Act, abortion was criminalized in New York unless it was a "justifiable abortional act", meaning it was within 24 weeks of the commencement of pregnancy or necessary to "preserve" the mother's life.
The Reproductive Health Act has been criticized and praised by different groups. Some opponents of the Act have argued that it removes important prosecutorial powers, while advocates of abortion rights have long sought to pass such legislation. The Act has also been subject to misinformation, with some social media posts falsely claiming that it allows abortions up to 28 days after birth.
