New York Abortion Law: Allowing Babies To Die?

New York's abortion laws have been the source of much debate, with critics claiming that the state's legislation allows aborted babies to be left to die. The Reproductive Health Act, signed into law in 2019, permits abortions after 24 weeks if a healthcare professional determines that the mother's health is at risk or the fetus is not viable. This has sparked controversy, with some arguing that it allows babies born alive during an abortion procedure to be neglected and left to expire. However, supporters of the law refute these claims, stating that it does not change standard medical practices and that any baby born alive, regardless of the circumstances, would receive appropriate medical care. The debate highlights the ongoing tension between those who support and oppose abortion rights, with New York's laws serving as a focal point for these discussions.

Abortion law in New York permits abortions after 24 weeks if a health care professional determines the health or life of the mother is at risk

Abortion laws vary across the United States, with New York's legislation being less restrictive than many other states. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalised abortion across the country.

The Reproductive Health Act, signed into law in 2019, expanded protections for abortion access, allowing certain healthcare professionals who aren't doctors to provide abortion services. This law also permits abortions after 24 weeks if a health care professional determines that the health or life of the mother is at risk, or the foetus is not viable.

Previously, abortions after 24 weeks were only permitted in cases where the mother's life was at risk. The new law allows abortions after 24 weeks to protect the mother's physical or mental health, or if the foetus is deemed non-viable. This determination must be made by a licensed healthcare practitioner, acting within their lawful scope of practice.

The law also removed abortion from the state's penal code, aligning with the argument that abortion is a healthcare matter, not a criminal one. However, it is important to note that killing a baby once born was and still is considered homicide.

New York's abortion laws are subject to ongoing debate and scrutiny, with opponents arguing that the law removes important prosecutorial powers. Despite this, New York remains committed to protecting and strengthening abortion rights, ensuring that abortion remains safe, legal, and accessible for all who need it.

Abortion law in New York permits abortions after 24 weeks if a fetus is not viable

Abortion laws vary across the United States, with some states imposing more restrictive regulations than others. New York's abortion laws are less restrictive than those in many other states, and abortion has been legal in the state since 1970—three years before the Roe v. Wade decision. The Reproductive Health Act, passed in 2019, expanded protections for abortion access and allowed certain healthcare professionals who aren't doctors to provide abortion services.

In New York, abortions are permitted up to and including 24 weeks of pregnancy. After 24 weeks, abortions are still allowed if the fetus is not viable or if the health or life of the pregnant person is at risk. This determination must be made by a licensed healthcare practitioner, acting within their lawful scope of practice. The decision to have an abortion is a personal one, and no one should be pressured into making this choice.

The specific criteria for abortions after 24 weeks are outlined in New York's Reproductive Health Act (RHA). The RHA permits abortions when, according to a medical professional's "reasonable and good faith professional judgment based on the facts of the patient's case," there is an absence of fetal viability or the abortion is deemed necessary to protect the patient's life or health. This includes the mental health of the pregnant person.

Previously, abortions after 24 weeks in New York were only justified in cases where the mother's life was at risk, which was inconsistent with the Roe v. Wade decision. The RHA removed abortion from the state's penal code, and abortion is now considered a healthcare matter rather than a criminal one in New York.

New York also offers confidentiality and protection for those seeking abortions. Health care providers are generally not allowed to share medical records or information about reproductive health care services without the patient's permission. Additionally, New York requires insurance coverage for abortions and protects against discrimination based on reproductive health care decisions.

New York's Reproductive Health Act (RHA) removes abortion from the state's penal code

New York's Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo on January 22, 2019, the anniversary of the Roe v. Wade Supreme Court decision that guaranteed a woman's right to an abortion. The RHA removes abortion from the state's penal code, instead treating it as a health care matter.

Previously, New York criminalized abortion 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. Abortion was included as part of the penal law under homicide and could be charged as a criminal offense. The RHA decriminalizes abortion and removes it from the criminal code altogether, with the homicide statute still defining a "person" as "a human being who has been born and is alive".

The RHA permits abortions when, according to a medical professional's "reasonable and good faith professional judgment based on the facts of the patient's case", "the patient is within twenty-four weeks from the commencement of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient's life or health."

Proponents of the bill argued that abortion should be treated as a health care matter, not a criminal one. They pointed to examples of women being forced to travel out of state to terminate pregnancies with fetuses that doctors said would not survive outside the womb. The RHA ensures that qualified healthcare providers can provide safe abortion care without fear of punishment and that abortion is available throughout pregnancy if a woman's health or life is in danger or if a fetus is not viable.

The RHA also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, with an additional physician present for abortions after 20 weeks to care for any live birth that may result from the abortion. Such babies were to be provided with immediate legal protection under New York state law. However, modern abortion techniques do not result in live births, and the RHA does not change standard medical practices. Any baby born alive in New York State would be treated like any other live birth and given appropriate medical care.

Killing a baby once born was and is still considered homicide in New York

In 2019, New York's Reproductive Health Act (RHA) removed abortion from the state's penal code. However, the homicide statute remained unchanged, and the definition of a "person" as "a human being who has been born and is alive" still stands. This means that killing a baby once born continues to be considered homicide in New York.

The RHA permits abortions when, according to a medical professional's judgement, the patient is within 24 weeks of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient's life or health. Previously, abortions after 24 weeks were only allowed in cases where the mother's life was at risk.

The RHA has sparked debate between proponents and opponents. Supporters of the bill argue that abortion should be treated as a healthcare matter rather than a criminal one. They highlight cases where women were forced to travel out of state to terminate pregnancies with non-viable fetuses. On the other hand, critics of the RHA contend that the change removes an important prosecutorial power, such as fully charging a domestic abuser for ending a woman's pregnancy.

It is important to note that the RHA does not change standard medical practices. In the rare event that a baby is born alive during an abortion, medical providers are still required to provide necessary medical care, as they would in any live birth.

New York's RHA repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital

New York's Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo on January 22, 2019—the anniversary of the Roe v. Wade Supreme Court decision that guaranteed a woman's right to an abortion. The RHA repealed a section of the state's public health law that required abortions after 12 weeks to be performed in a hospital.

The previous law stated that abortions after 12 weeks must be performed in a hospital and that an additional physician must be present for abortions after 20 weeks to care for "any live birth that is the result of the abortion". The RHA removed these requirements, reflecting modern medical practices and standards of care.

Proponents of the RHA argued that abortion should be treated as a healthcare matter rather than a criminal one. They pointed to cases where women were forced to travel out of state to terminate pregnancies with non-viable fetuses. The new law expanded access to abortion services and allowed certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and licensed midwives, to provide abortion services if they are qualified and it falls within their scope of practice.

The RHA also removed abortion from the state's penal code, which previously criminalized abortion unless it was a "justifiable abortional act" within 24 weeks of pregnancy or necessary to "preserve" the mother's life. Despite the removal of abortion from the penal code, killing a baby once born is still considered homicide under New York law.

The debate around abortion continues, with opponents of the RHA expressing concerns about the removal of prosecutorial powers related to crimes against pregnant women. However, supporters of the RHA argue that it is necessary to codify abortion rights and ensure access to safe and legal abortions in the state.

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