Gavin Howe
Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the United States. In 2019, New York passed the Reproductive Health Act, which protects access to reproductive rights and ensures that all pregnant people have the right to a safe and legal abortion. Despite the Supreme Court's decision to overturn Roe v. Wade in 2022, abortion remains legal in New York State. However, there have been challenges to New York's abortion laws, with lawsuits seeking to strike down certain provisions and claims of unconstitutionality. The outcome of these legal battles could have significant implications for abortion access and reproductive rights in New York and beyond.
| Characteristics | Values |
|---|---|
| Abortion law in New York State | Legal and protected since 1970 |
| New York State law | Abortion treated as healthcare |
| New York's response to Roe v. Wade overturn | Governor Kathy Hochul vowed to preserve and strengthen abortion rights in the state |
| New York City Council's response | Unveiled the "NYC Abortion Rights Act" legislative package to safeguard abortion and advance reproductive healthcare in the city |
| New York State Constitution | Does not include abortion rights |
| New York's abortion law challenges | A US appeals court revived a lawsuit by a pregnancy crisis center seeking to strike down the law prohibiting retaliation against employees who receive abortions |
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What You'll Learn
- Abortion has been legal in New York since 1970
- The 2019 Reproductive Health Act protects access to reproductive rights in New York
- The NYC Abortion Rights Act safeguards abortion and advances reproductive healthcare in the city
- Governor Kathy Hochul is fighting to preserve and strengthen abortion rights in New York State
- New York will stand firm as a safe haven for people who need access to abortion
Abortion has been legal in New York since 1970
The Reproductive Health Act ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. People of all ages have the absolute right to 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 do not need parental permission to get birth control, abortion, prenatal care, or other reproductive health services.
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. Additionally, an employer or potential employer cannot discriminate based on an employee's reproductive health decisions. In New York, no one can threaten, hurt, or intimidate, or interfere with another person's decision to have an abortion or use any other reproductive health service.
Despite the protections in place, abortion rights in New York are still facing legal challenges. In 2025, a U.S. appeals court ruled that a judge must reconsider the dismissal of a lawsuit seeking to strike down a New York law that prohibits retaliation against employees who receive abortions. The lawsuit, filed by a pregnancy crisis center and other anti-abortion groups, argues that the 2019 state law is unconstitutional and forces them to associate with workers who receive abortions in violation of the First Amendment.
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The 2019 Reproductive Health Act protects access to reproductive rights in New York
New York has a history of advocating for women's reproductive rights, with abortion being legal in the state since 1970—three years before the Roe v. Wade decision legalized it across the country. In 2019, the state's Reproductive Health Act (RHA) further strengthened abortion rights. The RHA protects New Yorkers' ability to make personal healthcare decisions without fear of criminal penalty, ensuring that medical professionals can provide crucial services. It also recognizes reproductive healthcare as a fundamental right, taking abortion out of the criminal code and placing it in the public health law.
The RHA codifies Roe v. Wade into New York State law, protecting women's reproductive rights and ensuring that federal decisions to restrict abortion access do not impact New York State. This is particularly significant given the recent overturning of Roe v. Wade, which has resulted in attempts to further restrict abortion access in various states. New York's RHA safeguards abortion rights within the state, and Governor Kathy Hochul has reaffirmed her commitment to preserving and strengthening these rights.
The RHA also addresses the range of medical professionals that women can seek for reproductive healthcare. It clarifies that advanced practice clinicians (APCs), such as nurse practitioners, can legally provide care, improving abortion access in rural and low-income communities. Additionally, the RHA includes protections for pregnant New Yorkers, maintaining existing legal processes to handle attacks on pregnant individuals. New York courts have ruled that an attack resulting in fetal loss constitutes first-degree assault, carrying a greater penalty than the previous charge of abortion under the old abortion law.
While the RHA protects access to reproductive rights in New York, it has faced legal challenges. In 2025, a U.S. appeals court revived a lawsuit by a pregnancy crisis center and others seeking to strike down the RHA, claiming it was unconstitutional and burdened their associational rights. However, New York has continued to defend the RHA and protect abortion access, with Governor Hochul taking steps to increase reimbursement rates for reproductive healthcare providers and expand access to contraception and abortion services.
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The NYC Abortion Rights Act safeguards abortion and advances reproductive healthcare in the city
Abortion has been legal in New York since 1970, three years before Roe v. Wade. The Reproductive Health Act, passed in 2019, further protects access to reproductive rights and makes the right to abortion part of state law. In addition, the state constitution was amended in 2024 to include explicit protections for abortion and reproductive rights.
The Act also addresses discrimination and ensures that individuals cannot be discriminated against based on their reproductive health decisions. This includes protections against discrimination in employment, with a requirement for employers to include a notice in handbooks outlining workers' rights under the law. The law also prohibits fake clinics, also known as crisis pregnancy centers, from providing false or misleading information about abortion and interfering with individuals' decisions about their reproductive health. These clinics are often located near or resemble real abortion clinics, and they are required to post a sign in English and Spanish stating that they do not provide abortion care.
Furthermore, the NYC Abortion Rights Act recognizes the rights of minors, transgender men, non-binary individuals, and people of all genders with a uterus to make their own reproductive health decisions. Minors can access sexual health services, including abortion care, without parental permission or knowledge. The Act also affirms the right to receive abortion care in one's preferred language, including through interpreter services.
Overall, the NYC Abortion Rights Act provides comprehensive protections for abortion and reproductive healthcare in the city, ensuring that individuals can make their own decisions about their bodies and access the care they need without interference, discrimination, or barriers to access.
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Governor Kathy Hochul is fighting to preserve and strengthen abortion rights in New York State
Governor Kathy Hochul has been fighting to preserve and strengthen abortion rights in New York State. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the country. However, with the overturning of Roe v. Wade in 2022, abortion rights in New York and across the country have come under threat.
Governor Hochul has taken steps to protect access to abortion care in New York, including medication abortion. She has signed a legislative package to protect the rights of patients and empower reproductive healthcare providers, ensuring that abortion remains safe, legal, and accessible for all who need it. The legislation also protects doctors from frivolous attacks by anti-choice laws in other states and provides safe haven for women seeking reproductive healthcare.
Governor Hochul has also strengthened New York's shield law, which protects abortion providers from out-of-state prosecution. This allows medical providers to include only the address of their practice on prescription labels, protecting their privacy and safety. The Governor has made it clear that New York will always be a safe harbor for those seeking reproductive healthcare, and that reproductive rights are human rights.
In addition to her efforts to preserve and strengthen abortion rights in New York State, Governor Hochul has also refused to extradite Dr. Margaret Carpenter to Texas, where she is being sued for allegedly mailing abortion pills to the state. Governor Hochul's actions demonstrate her commitment to protecting abortion rights and ensuring that New York remains a beacon of hope for those seeking reproductive freedom.
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New York will stand firm as a safe haven for people who need access to abortion
New York has a long history of protecting abortion rights, having made the procedure legal in 1970, three years before the Roe v. Wade decision. In 2019, the state passed the Reproductive Health Act to further protect access to reproductive rights and make the right to abortion part of state law.
Even after Roe v. Wade was overturned in 2022, New York has continued to ensure that all pregnant people, including minors, transgender men, and non-binary individuals, have the right to a safe and legal abortion. 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 determines that the fetus is not viable or that the patient's life or health is at risk.
New York's abortion laws also protect minors' rights to access reproductive health services without parental consent. Additionally, healthcare providers are generally prohibited from sharing medical records or information related to reproductive health services, including abortion.
New York has also taken steps to protect abortion providers from liability when working with patients from other states. Governor Kathy Hochul has been a strong advocate for abortion rights, refusing to extradite Dr. Margaret Carpenter, a New York-based abortion provider, to Texas, despite legal pressure from that state.
In the wake of the Supreme Court's decision to overturn Roe v. Wade, New York officials have vowed to protect abortion rights and welcome those from out of state seeking access to abortion care. The New York City Council unveiled the "NYC Abortion Rights Act," a legislative package to safeguard abortion and advance reproductive healthcare in the city.
With these protections in place, New York will stand firm as a safe haven for people who need access to abortion, ensuring that abortion remains safe, legal, and accessible for all who need it.
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Frequently asked questions
Yes, abortion is legal and protected in the state of New York.
Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision.
Roe v. Wade was overturned by the US Supreme Court in 2022.
New York passed the Reproductive Health Act in 2019, which protects access to reproductive rights and ensures that all pregnant people have the right to a safe and legal abortion. As abortion rights are under attack in certain states and at the federal level, Governor Kathy Hochul is fighting to preserve and strengthen abortion rights in New York State.
Yes, there have been legal challenges to New York's abortion laws. For example, a US appeals court has asked a judge to reconsider the dismissal of a lawsuit seeking to strike down a New York law that prohibits retaliation against employees who receive abortions. The lawsuit claims that the law is unconstitutional and violates their associational rights.
