New York Abortion Law: Killing Newborn Babies?

New York's abortion laws have been a topic of debate and discussion for years. The state's abortion laws allow abortions after 24 weeks if a healthcare professional determines that the fetus is not viable or that the health or life of the mother is at risk. However, it is important to note that killing a baby once born is considered homicide and is not permitted under New York's laws or any other state laws in the US. The discussion around New York's abortion laws often revolves around the balance between protecting the rights of pregnant individuals and ensuring the safety and well-being of both the mother and the fetus.

New York's abortion laws

In New York, people of all ages have the absolute right to an abortion within the first 24 weeks 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. There are no specific requirements outside of standard patient consent for health care treatment or procedures.

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.

Killing a newborn baby is homicide

Infanticide is a legal term that refers to the killing of a child within the first year of life. Neonaticide is a subset of infanticide, referring specifically to the killing of a child within the first 24 hours of life.

In New York, the homicide statute defines a "person" as "a human being who has been born and is alive." This means that killing a baby once born is considered homicide.

The Infanticide Act defines infanticide as when a mother "causes death of her child under the age of 12 months by wilful act or omission, but at the time of the act or omission, the balance of her mind was disturbed by reason of her not having fully recovered from the effect of her having given birth to the child or by reasons of the effect of lactation consequent on the birth of the child."

The act of killing a newborn baby is a serious crime and is treated as such under the law. It is important to note that the legal and medical definitions of homicide may vary, and there are different types of homicide, such as murder or manslaughter, which carry different penalties.

In the context of abortion laws, it is essential to distinguish between the legal and medical definitions of when life begins. From a legal perspective, killing a newborn baby is homicide because they are recognized as a person with legal rights. However, the medical community may have a different definition of when life begins, which can inform ethical debates and medical practices.

The debate surrounding abortion often centers on the question of when life begins and the moral and legal status of the fetus. While abortion is legal in New York through 24 weeks of pregnancy, it is important to understand that killing a newborn baby is not considered abortion but homicide.

Abortion access in New York

New York's abortion laws are less restrictive than those in many other states, which may impose waiting periods, detailed consent and counselling mandates, and other regulations on abortion providers. In New York, there are no mandated counselling or waiting periods before access to abortion services.

In 2019, New York expanded abortion rights through the Reproductive Health Act. This legislation removed abortion from the state's penal code, and expanded the list of legal exceptions for performing an abortion past 24 weeks. Prior to this, abortion was regulated in the state's criminal code and hadn't been updated in 50 years. No other medical procedure was regulated like a crime.

The Reproductive Health Act also expanded who could provide abortions to include licensed or certified health care professionals, like nurse practitioners, instead of only doctors.

New York has also enacted shield laws to protect those seeking an abortion from civil and criminal litigation from their home state. This includes patients using telehealth services from a New York medication abortion provider.

The New York State Health Commissioner and Governor have also taken steps to expand access to contraception, authorising pharmacists to dispense three types of hormonal contraceptive medication without a prescription.

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.

Abortion rights under attack

Abortion rights are currently under threat in the United States, with some states imposing near-total bans. However, New York State has some of the least restrictive abortion laws in the country, and these have been in place since 1970—three years before the Roe v. Wade decision.

New York's Abortion Laws

In New York, abortion is legal and protected within the first 24 weeks 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 or health is at risk. This can include mental health.

The state's Reproductive Health Act, passed in 2019, expanded protections for abortion access. It allows certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and midwives, to provide abortion services. The law also requires insurance coverage of abortion and protects individuals from discrimination based on their reproductive health decisions.

Infanticide

Infanticide, or the killing of a newborn baby, is illegal in all U.S. states. The Born-Alive Infants Protection Act of 2002 established that federal legal protections for "persons" also covered children born at any stage of development, including after an abortion. State homicide statutes further reinforce this protection, making it clear that killing a baby, whether just born or a few months old, is illegal.

The Future of Abortion Rights in New York

Governor Kathy Hochul is committed to preserving and strengthening abortion rights in New York State. The state has enacted shield laws to protect those seeking abortions in New York from civil and criminal litigation in their home state. Additionally, New York has specific criminal laws to prevent individuals from interfering with or blocking access to reproductive health care services, including abortion.

New York's abortion laws after Dobbs

In June 2022, the U.S. Supreme Court ended the constitutional right to abortion by overturning the landmark case of Roe v. Wade in Dobbs v. Jackson Women's Health Organization. This decision returned the authority to regulate and prohibit abortion to individual states.

New York Abortion Laws

New York has had less restrictive abortion laws than many other states, which may impose waiting periods, detailed consent, and counseling mandates. New York enacted a state law legalizing abortion as early as 1970, before the Supreme Court's decision in Roe.

In 2019, the state legislature passed The Reproductive Health Act, which expanded protections for abortion access, allowing certain healthcare professionals who aren't doctors to provide abortion services. The law also broadened the list of legal exceptions for performing an abortion past 24 weeks. As a result, abortion is available throughout pregnancy when a fetus is no longer viable or to protect the pregnant patient's life or health, including their mental health.

Shield Laws

After Dobbs, the state of New York enacted shield laws to protect those seeking an abortion in New York from civil and criminal litigation from their home state. This includes patients using telehealth services from a New York medication abortion provider.

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 also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive health care services, including abortion.

Insurance Coverage

New York, along with several other states, has enacted laws to use state funds to expand Medicaid coverage for all reproductive health care for low-income patients, including abortion.

New York also modified its insurance laws, requiring private insurers in the state to offer coverage for medically necessary abortions.

No Criminal Penalties

There are no criminal penalties associated with abortion in New York for the pregnant person or anyone providing abortion services.

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