Understanding New York's Abortion Law: What You Need To Know

Abortion laws vary from state to state in the US, and with the Supreme Court's overturning of Roe v. Wade in 2022, abortion rights are under threat in several states. However, New York has protected abortion rights since 1970, and these protections were further strengthened by the Reproductive Health Act in 2019. New York's abortion laws allow for abortions within the first 24 weeks of pregnancy for anyone, including minors, without the need for parental consent. After 24 weeks, abortions are permitted if the fetus is non-viable or if the patient's health or life is at risk. New York also offers confidentiality and insurance coverage for abortion services, and prohibits interference with those seeking or providing abortions.

Abortion is legal in New York up to 24 weeks

Abortion is legal in New York up to and including 24 weeks of pregnancy. This means that anyone can get an abortion for any reason up to this point in their pregnancy. After 24 weeks, abortion is still permitted if a medical provider decides that the person's health or pregnancy is at risk.

New York has protected abortion rights for longer than most states. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the country. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights and make the right to abortion part of state law.

In 2022, when Roe v. Wade was overturned, New York ensured that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. The state also requires insurance coverage of abortion, with Medicaid and all state-regulated private health insurance plans mandated to cover abortions.

Abortion services in New York are confidential. Healthcare providers cannot share medical records or information about reproductive health care services with anyone else without the patient's permission. This includes partners, parents, guardians, or any other person. Additionally, employers cannot access personal information about employees' or their partners' reproductive health decisions.

New York also has protections in place against discrimination based on reproductive health care decisions. Employers cannot discriminate against employees or potential employees based on their reproductive health decisions. Furthermore, no one can threaten, hurt, or intimidate a person because they have had or plan to have an abortion or use any other reproductive health service.

It is important to note that there are fake "abortion clinics" in New York, often called crisis pregnancy centers or limited-service pregnancy centers. These facilities do not provide abortions and will try to prevent people from having abortions or even using contraception. They are typically not health care providers and are not subject to the same privacy laws as medical facilities.

After 24 weeks, abortion is legal if the foetus is not viable or if the patient's life or health is at risk

Abortion laws vary from state to state in the United States, and New York's laws are less restrictive than those in many other states. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the country.

In New York, abortion is legal for any reason up to 24 weeks of pregnancy. After 24 weeks, abortion is still legal under certain circumstances. Specifically, abortion remains legal after 24 weeks if the foetus is not viable or if the patient's life or health is at risk. This includes the patient's mental health.

The decision regarding the viability of the foetus is made by a medical provider. The patient does not need to be a New York resident to receive care in the state.

New York's abortion laws are protected by state law, and federal decisions to limit access to abortion will not impact the state.

Minors do not need parental permission to get an abortion in New York

Minors in New York do not need parental permission to get an abortion. This has been the case since 1970, when New York made abortion legal—three years before Roe v. Wade. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights throughout the state. Even after Roe v. Wade was overturned in 2022, New York ensures that all pregnant people, including minors, have the right to a safe and legal abortion.

New York State has long been a leader in promoting reproductive health services for minors. This important public health policy is facilitated by ensuring that minors can receive services without involving a parent and that these services remain confidential.

In New York, you can get an abortion for any reason up to 24 weeks of pregnancy, or later if your health is at risk or your pregnancy will not survive. If you are a minor, you do not need your parents' permission to get an abortion, prenatal care, or other reproductive health services.

Abortion services in New York are confidential. Health care providers generally cannot share medical records or information about reproductive health care services—including abortion, birth control, and testing and treatment for sexually transmitted diseases—with your partner, parents, guardians, or anyone else without your permission.

Your employer cannot access personal information about your or your partner’s reproductive-health decisions. No one can threaten, hurt, or intimidate you, or interfere with your decision because you have had or plan to have an abortion, or use any other reproductive health service.

If you are a minor in New York and you need an abortion, you can contact the If/When/How Judicial Bypass Helpline by calling 844-868-2812 or submitting a request online.

New York requires insurance coverage of abortion

New York has a history of protecting abortion rights, and this includes insurance coverage. The state requires Medicaid and all state-regulated private health insurance plans to cover abortions. This means that cost does not have to be a barrier to accessing abortion services.

New York's insurance laws require private insurers in the state to offer coverage for medically necessary abortions. This is outlined in the New York Codes, Rules, and Regulations, Title 11, Section 52.16-0. This is in addition to the coverage provided by Medicaid.

New York's Medicaid program covers abortion services for all residents, including pregnant New Yorkers, regardless of their immigration status. This is a significant protection for those who may not have other insurance coverage.

Additionally, New York has laws in place to protect against discrimination based on reproductive health care decisions. An employer, or potential employer, cannot discriminate against someone based on their reproductive health decisions. This includes decisions regarding abortion.

The state also has laws prohibiting interference with healthcare services, including specific criminal laws that prevent individuals from interfering with or blocking access to reproductive health care services, such as abortion. These laws ensure that individuals seeking abortion care in New York are protected from civil and criminal litigation, even if they are from another state.

New York's commitment to protecting abortion rights is evident through its insurance coverage requirements and its comprehensive legal framework, ensuring that individuals can safely access the healthcare services they need.

New York has shield laws to protect those seeking an abortion from civil and criminal litigation from their home state

New York has a history of protecting abortion rights, having made abortion legal in 1970, three years before Roe v. Wade. In 2019, the state passed the Reproductive Health Act to further protect access to reproductive rights. In 2022, when Roe v. Wade was overturned, New York continued to ensure that all pregnant people have the right to a safe and legal abortion.

In June 2023, Governor Kathy Hochul signed legislation to ensure that healthcare providers in the state can provide telehealth services to patients outside of New York without fear of litigation in states where abortion services are outlawed or restricted. This legislation shields clinicians and pharmacists from criminal prosecution, extradition, loss of license or malpractice insurance, and from subpoenas of their medical records for prescribing and sending abortion pills to people who need them anywhere in the United States.

New York has also taken steps to protect abortion providers and patients from retaliatory actions by anti-abortion states. Legislation S.9077A/A.10372A provides legal protections for abortion service providers, those who assist someone else in obtaining an abortion, or individuals who self-manage an abortion. The bill achieves this by creating a statutory exception for the extradition of abortion-related offenses, prohibiting courts from cooperating with out-of-state civil and criminal cases that stem from abortions that took place legally within New York, and providing judicial protections by prohibiting law enforcement from cooperating with anti-abortion states' investigations regarding abortions that took place legally.

Additionally, legislation S.9079B/A.9687B prohibits professional misconduct charges against healthcare practitioners who perform, recommend, or provide reproductive healthcare services to patients from out of state where such services are illegal. This legislation ensures that New York-based healthcare providers can continue to serve those seeking abortions, even if they are not residents of the state.

Frequently asked questions