New York Abortion Law: Full-Term Abortions And Their Legality

New York's abortion laws are less restrictive than those in many other states. Abortion has been legal in the state since 1970, and in 2019, the Reproductive Health Act (RHA) was passed to protect access to reproductive rights and expand the list of legal exceptions for performing an abortion past 24 weeks. The RHA permits abortions after 24 weeks if a healthcare professional determines that the fetus is not viable or that the patient's life or health is at risk. This can include mental health. The RHA also allows certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and midwives, to provide abortion services.

Abortion in New York is legal and protected

In 2019, New York passed the Reproductive Health Act (RHA) to further protect access to reproductive rights and make the right to abortion part of state law. The RHA decriminalized abortion, expanded the list of legal exceptions for performing abortions past 24 weeks, and allowed certain healthcare professionals who aren't doctors to provide abortion services.

The RHA 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 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, physical health, or mental health is at risk.

New York has also enacted shield laws to protect those seeking abortions from civil and criminal litigation in their home state. Abortion services in New York are confidential, and healthcare providers are generally prohibited from sharing medical records or information about reproductive health care services without the patient's permission. Additionally, New York requires insurance coverage of abortion and protects against discrimination based on reproductive health care decisions.

The state's commitment to protecting abortion rights is evident in its legislation and the steps taken to ensure safe, legal, and accessible abortion care for all who need it.

Abortion is allowed after 24 weeks if the foetus is not viable

Abortion in New York is legal in most cases up to 24 weeks into the pregnancy. After 24 weeks, abortions are still permitted in certain circumstances. One of these circumstances is if the foetus is not viable.

The Reproductive Health Act, passed in 2019, allows abortions after the 24th week of pregnancy if the foetus is not viable. Prior to this, abortions after 24 weeks were only permitted if the mother's life was at risk. The RHA removes abortion from the state's penal code, instead treating it as a healthcare matter.

The law states that abortions are permitted when, according to a medical professional's "reasonable and good faith professional judgement 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".

The determination of whether a foetus is not viable must be made by a licensed healthcare practitioner, acting within their lawful scope of practice.

Abortion has been legal in New York since 1970, and the state has continued to protect and expand access to abortion services since then.

Abortion is permitted if the mother's life is at risk

Abortion in New York is legal and protected. The Reproductive Health Act (RHA), passed in 2019, allows for abortions after 24 weeks if a healthcare professional determines that the mother's life or health is at risk, or the fetus is not viable. This is a significant change from previous legislation, which only allowed abortions after 24 weeks in cases where the mother's life was at risk.

The RHA has been praised for its role in protecting abortion rights and removing abortion from the state's penal code. It has also been criticized for the same reason, with some arguing that removing abortion from the criminal code could impact the prosecution of crimes against pregnant women.

The RHA permits abortions after 24 weeks if a healthcare professional makes a "reasonable and good faith professional judgment" that the abortion is "necessary to protect the patient's life or health." This means that if a licensed medical professional determines that continuing the pregnancy could put the mother's life or health at risk, an abortion would be permitted, regardless of the stage of pregnancy.

The term "health" is not explicitly defined in the RHA, allowing medical professionals to consider a range of factors when making their judgment. These factors can include the physical, emotional, psychological, and familial wellbeing of the patient, as well as the patient's age. Ultimately, it is up to the discretion of the medical provider to determine whether the mother's health is at risk and if an abortion is necessary.

In addition to protecting abortion rights, the RHA has also expanded access to abortion services in New York. The law allows certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and licensed midwives, to provide abortion services if they have the appropriate qualifications and it falls within their scope of practice. This has increased the number of medical practitioners who can provide safe abortions, making abortion more accessible to those who need it.

New York has a history of protecting abortion rights, with abortion being legal in the state since 1970, three years before the Roe v. Wade decision legalized abortion across the country. The RHA further solidified this protection by codifying the right to abortion into state law, ensuring that federal decisions to limit access to abortion would not impact New York State.

Abortion is allowed if the mother's health is at risk

Abortion in New York is legal up to 24 weeks of pregnancy. After this point, abortion is permitted if the mother's health is at risk or if the fetus is not viable. This is in accordance with the Reproductive Health Act (RHA), which was signed into law by Governor Andrew Cuomo in 2019.

The RHA allows abortions after 24 weeks if a healthcare professional determines that the mother's health is at risk. This can include her mental health. The law does not explicitly define "health", leaving this to the discretion of the medical provider. However, the U.S. Supreme Court has held that "medical judgment may be exercised in the light of all factors—physical, emotional, psychological, familial, and the woman's age—relevant to the wellbeing of the patient."

Prior to the RHA, New York law only allowed abortions after 24 weeks if the mother's life was at risk. The RHA removed abortion from the state's penal code and instead placed it in public health law. This means that abortion is now treated as a healthcare matter rather than a criminal one in New York.

The RHA also expanded the list of legal exceptions for performing an abortion past 24 weeks, allowing abortions throughout pregnancy if the fetus is not viable or to protect the pregnant patient's life or health. Additionally, the law broadened the range of healthcare professionals who can provide abortion services, allowing certain non-doctors, such as physician assistants, nurse practitioners, and licensed midwives, to provide these services if they have the appropriate qualifications and if it falls within their scope of practice.

New York's abortion laws are less restrictive than those in many other states, and the state has taken steps to protect abortion access for its residents and those visiting from out of state.

Abortion is decriminalised in New York

Previously, New York law criminalised 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. The RHA permits abortions on demand up to 24 weeks of gestation. After 24 weeks, abortions are allowed if the woman's life or health are at risk, or if the fetus is not viable. The determination of risk to life or health is made by a licensed healthcare professional and must be within their "reasonable and good faith professional judgment based on the facts of the patient's case".

The RHA also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, and that an additional physician be present for abortions after 20 weeks. The law also expanded the list of legal exceptions for performing an abortion past 24 weeks, allowing abortions throughout pregnancy when a fetus is no longer viable or to protect the pregnant patient's life or health, including their mental health.

The RHA has been criticised 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 necessary to codify abortion rights in the state and take abortion out of the criminal code. The RHA also protects those seeking abortions in New York from civil and criminal litigation from their home state.

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