Cameron Miranda
In 2022, the US Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion and allowing each state to pass its own laws and regulations. New York has passed laws to protect abortion rights and access, and abortion remains legal in the state. However, with the Supreme Court's decision, there is a possibility that New York's abortion law could be challenged or overturned in the future. The state has taken steps to safeguard abortion access, such as enacting comprehensive abortion rights legislation and providing public funding for abortion. This has led to concerns about whether New York's abortion law can be overturned, especially as other states have implemented restrictions or bans.
| Characteristics | Values |
|---|---|
| Abortion law in New York | Legal up to 24 weeks post-fertilization |
| Abortion after 24 weeks | Allowed if the fetus is not viable or the pregnant person's health is at risk |
| Public funding | Available for abortion |
| Private insurance | Required to cover abortion care |
| Abortion providers | Authorized health-care practitioners, including advanced practice clinicians (APCs) |
| Shield laws | Protect abortion providers and helpers |
| Telemedicine | Used to provide abortion services to patients in states with abortion restrictions |
| State constitutional amendment | Prohibits discrimination based on pregnancy outcomes and reproductive healthcare and autonomy |
| NYC Abortion Rights Act | Legislative package to safeguard abortion and advance reproductive healthcare in New York City |
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What You'll Learn
- Abortion in New York is protected by state law
- New York's abortion laws allow the procedure up to 24 weeks
- New York's shield law protects abortion providers
- New York voters approved an amendment to prohibit discrimination based on pregnancy outcomes
- New York City Council unveiled the NYC Abortion Rights Act
Abortion in New York is protected by state law
In New York, abortion is protected by state law under the Reproductive Health Act. The Reproductive Health Act treats abortion as healthcare and allows abortions to be performed up to 24 weeks into a pregnancy. After 24 weeks, abortions can still be performed if the patient's health or pregnancy is at risk.
The Reproductive Health Act was passed in response to the US Supreme Court's decision to overturn Roe v. Wade, which ended the constitutional right to abortion and allowed each state to pass its own laws and regulations regarding abortion. Following this decision, eight Democratic-led states, including New York, passed shield laws to protect abortion providers and their patients.
The New York City Council Women's Caucus also unveiled a legislative package called the "NYC Abortion Rights Act" to safeguard abortion and advance reproductive healthcare in the city. The package seeks to protect the access of women, trans, and gender non-conforming people to safe abortions and reproductive healthcare.
In addition to the Reproductive Health Act, New York has also taken steps to protect access to abortion care, including medication abortion. Governor Hochul signed legislation to enable providers who prescribe medication abortions to request a dispensing pharmacy to print their practice's name. New York has also passed a state constitutional amendment that establishes protections against discrimination based on factors such as ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, and pregnancy outcomes.
Despite these protections, access to abortion in New York is still under threat. The NYCLU is working to pass the New York Equal Rights Amendment, which would explicitly enshrine the right to abortion in the state constitution and protect New Yorkers' freedom to control their own bodies, lives, and futures.
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New York's abortion laws allow the procedure up to 24 weeks
New York has some of the least restrictive abortion laws in the country. Abortion is legal in New York up to 24 weeks of pregnancy. After 24 weeks, abortion is still legal if the foetus is not viable or when necessary to protect the patient's life or health, including their mental health. New York's abortion laws are codified in state law, so federal decisions to limit access to abortion do not impact the state.
The Reproductive Health Act, passed in 2019, expanded protections for abortion access, allowing certain healthcare professionals who are not doctors to provide abortion services. New York also has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive health care services, including abortion.
In 2022, the US Supreme Court ended the constitutional right to abortion, allowing each state to pass its own laws and regulations. In response, New York passed shield laws to protect abortion providers and patients from out-of-state litigation. The state also has laws in place to protect the privacy of patients and providers.
New York's abortion laws are a result of decades of fighting for autonomy over women's bodies, and the state remains committed to safeguarding abortion access and advancing reproductive healthcare. The state's laws ensure that abortion remains safe, legal, and accessible for all who need it.
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New York's shield law protects abortion providers
In 2022, the US Supreme Court ended the constitutional right to abortion, allowing individual states to pass their own laws and regulations. In response, eight Democratic-led states, including New York, passed shield laws to protect abortion providers.
The shield law was strengthened in 2025 by Governor Kathy Hochul, who signed legislation to allow providers who prescribe medication abortions to request that the dispensing pharmacy print their practice's name on the prescription bottle label instead of their name. This makes it more difficult for hostile states to target New York doctors serving patients in states lacking access to abortion care. The strengthened law also allows providers to request that their practice address be listed and requires pharmacies to assist with this protective measure.
New York's shield law is part of a broader commitment by the state to safeguard access to reproductive healthcare and defend those providing these services. The state has also taken steps to protect the privacy of individuals seeking abortions and to ensure that abortion is treated as healthcare under state law.
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New York voters approved an amendment to prohibit discrimination based on pregnancy outcomes
In 2022, the US Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion and allowing each state to pass its own laws and regulations. In response, eight Democratic-led states, including New York, passed shield laws to protect abortion providers using telehealth to see patients in states with abortion restrictions or bans. New York's abortion laws allow the procedure up to 24 weeks into a pregnancy and beyond this point if the patient's health or pregnancy is at risk.
In 2024, a New York State judge, Justice Daniel J. Doyle, blocked an amendment that aimed to prohibit discrimination based on "pregnancy outcomes" and "gender expression". The decision was a result of state lawmakers failing to follow procedural rules and not a reflection on the content of the amendment. The amendment was passed by Democrats and put forward for final approval by voters in the 2024 election. The proposal was politically charged and intended to spur voter turnout by framing key battleground House races around abortion access. While the amendment did not explicitly preserve a woman's right to abortion, it would have effectively prevented individuals from being discriminated against for having the procedure, thereby protecting reproductive rights.
The proposed amendment would have added "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy" to the existing protections in the New York Constitution against discrimination based on race, colour, creed, and religion. This expansion of civil rights would have provided greater protection for New Yorkers, with any repeal requiring an arduous process of legislative and public approval.
Despite the setback, New York remains committed to safeguarding abortion access and advancing reproductive healthcare. The City's legislative package, the "NYC Abortion Rights Act", seeks to protect access to safe abortions and reproductive healthcare for women, trans, and gender non-conforming individuals. Additionally, Governor Hochul has highlighted steps to protect medication abortion access, and the state continues to work towards ensuring abortion remains safe, accessible, and legal.
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New York City Council unveiled the NYC Abortion Rights Act
In June 2022, the New York City Council Women's Caucus unveiled the NYC Abortion Rights Act, a legislative package to safeguard and expand abortion and reproductive health care in the city. This came in response to the U.S. Supreme Court's decision to overturn Roe v. Wade, which allowed states to restrict access to abortion services. The NYC Abortion Rights Act aims to protect the rights of women, trans, and gender non-conforming people to access safe abortions and reproductive healthcare in New York City.
The legislative package includes several bills and resolutions. Introduction 465-A, sponsored by Council Member Tiffany Cabán, requires the Department of Health and Mental Hygiene (DOHMH) to report annually on the number of births and abortions in the city, including for both residents and non-residents. It also mandates an assessment of licensed medical providers' ability to provide reproductive healthcare and any challenges they face. Introduction 466-A, sponsored by Council Member Cabán, Public Advocate Jumaane Williams, and Council Member Shahana Hanif, prohibits city agencies from using resources to detain persons for performing or aiding with abortions or providing information to out-of-state entities about abortions performed in New York State. It also creates a private right of action for anyone detained in violation of this law.
The NYC Abortion Rights Act also includes several resolutions. Resolution 195, sponsored by Council Members Gale Brewer and Julie Menin, calls on the New York State Legislature and Governor to pass and sign the Reproductive Freedom and Equity Program to support access to reproductive healthcare through a grant program. Resolution 197, sponsored by Council Member Cabán, Council Member Marjorie Velázquez, Public Advocate Williams, and Council Member Hudson, declares New York City a safe haven for those seeking abortion-related care. Resolution 200, sponsored by Council Member Menin, recognizes the importance of the Roe v. Wade decision and women's healthcare by declaring January 22, 2023, as Roe v. Wade Day in New York City, marking the 50th anniversary of the original ruling. Finally, Resolution 245, sponsored by Public Advocate Williams, calls on the U.S. Senate and President to pass and sign the Women's Health Protection Act to reinstate and protect the federal right to abortion.
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Frequently asked questions
Abortion is protected by state law in New York and will remain legal. The state has both constitutional and statutory protections for abortion.
In New York, abortion is allowed up to 24 weeks from the beginning of pregnancy without requiring a reason from the patient. After 24 weeks, abortion is still permitted if the patient's health or pregnancy is at risk or when the fetus is non-viable.
Medication abortion and in-clinic abortion are both available in New York. The method chosen depends on the stage of pregnancy, the patient's preferences, and any medical indications.
Yes, New York requires that both public and most private health insurance cover abortion care.
