New York Abortion Law: Facts And Implications

New York's abortion law, the Reproductive Health Act (RHA), was signed by Governor Andrew Cuomo on January 22, 2019, and has been a topic of debate between pro-choice and pro-life advocates. The RHA permits abortions under three circumstances: if it is performed before 24 weeks of pregnancy, in the absence of fetal viability, or if necessary, to protect the patient's life or health. This law removes abortion from the state's criminal code, allowing non-physicians to perform the procedure, and expands the list of healthcare professionals who can perform abortions to include highly trained nurse practitioners, licensed midwives, and physician assistants.

The New York Reproductive Health Act (RHA)

The RHA does three things:

• It allows for late-term abortions (i.e. after 24 weeks) if the health of the mother is threatened or the fetus is not viable. Previously, late-term abortions had only been legal in New York if the mother's life was at risk.
• It expands the list of healthcare professionals who can perform abortions to include highly trained nurse practitioners, licensed midwives, and physician assistants, in addition to physicians.
• It removes abortion from the criminal code and places it within the realm of public health law. Performing a late-term abortion was previously considered a felony in New York.

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 RHA argue that it installs the rights afforded to women under the Supreme Court's Roe v. Wade decision into state law, protecting them if a conservative court overturns the landmark 1973 case. They also argue that abortion should be treated as a healthcare matter, not a criminal one.

Opponents of the RHA, including President Donald Trump, argue that it goes beyond Roe v. Wade and legalizes late-term abortions until the moment of birth. They also claim that it strips unborn children of their rights and jeopardizes women's health by allowing non-physicians to perform abortions.

Abortion up until the moment of birth

New York's Reproductive Health Act (RHA) permits abortions after 24 weeks if a health care professional determines that the health or life of the mother is at risk, or the fetus is not viable. The law does not allow for unrestricted abortions up until the moment of birth.

Previously, abortions after 24 weeks were only legal in New York if the mother's life was at risk. The RHA expands the criteria to include cases where the mother's health is at risk or the fetus is not viable. This change aligns with the standard set by the 1973 Roe v. Wade Supreme Court decision.

The enactment of the RHA has been controversial, with abortion opponents expressing alarm and claiming that it authorizes abortion up until the moment of birth. They argue that the health exception is too broad and could be interpreted beyond just issues of physical health. Pro-choice advocates counter that these assertions are based on unrealistic and extreme interpretations of the law, trusting that medical professionals will make informed and necessary decisions in consultation with their patients.

It is important to note that abortions after 24 weeks are relatively rare, and national data from 2015 indicates that only about 1% of abortions in the country were performed after 21 weeks.

The role of healthcare practitioners

The Reproductive Health Act (RHA) in New York has expanded the list of healthcare practitioners who can perform abortions. Previously, only physicians were able to provide abortions in the state. The new law allows other licensed and certified healthcare professionals, such as nurse practitioners and physician assistants, to perform abortions. This change aims to ensure that all women have access to abortion care, especially those living in low-populated or underserved areas.

The RHA gives healthcare practitioners the authority to make judgments about a patient's case and determine if an abortion is necessary to protect the patient's life or health or if there is an absence of fetal viability. This decision-making power is based on the practitioner's reasonable and good-faith professional judgment and expertise.

It is worth noting that the law has sparked debates between pro-choice and pro-life advocates. Pro-life critics argue that the law authorizes abortion up until birth due to the broad interpretation of the health exception. On the other hand, pro-choice advocates defend the law, emphasizing that healthcare practitioners are trained and licensed professionals who will not perform medically unnecessary procedures.

The enactment of the RHA in New York has shifted the landscape of abortion access and placed a significant responsibility on healthcare practitioners to make decisions that balance the patient's health, the fetus's viability, and the legal framework surrounding abortion.

Abortion in the criminal code

New York's Reproductive Health Act (RHA) removes abortion from the state's criminal code and places it within the realm of public health law. Performing a late-term abortion was previously classified as a felony in New York, but the RHA decriminalises the procedure.

Under the old law, New York 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 new law removes abortion from the state's penal code, and instead, defines a "person" as "a human being who has been born and is alive". Killing a baby once born was and remains considered homicide.

The change in the criminal code means that domestic violence resulting in the loss of a pregnancy can no longer be prosecuted as severely as before. However, it can still be prosecuted in the same way as any other assault against someone who is not pregnant.

Supporters of the RHA argue that abortion should be treated as a health care matter, not a criminal one. They point to examples of women being forced to travel out of state to terminate pregnancies with non-viable fetuses. Opponents, on the other hand, argue that the change removes an important prosecutorial power, such as fully charging a domestic abuser for ending a woman's pregnancy.

The RHA was signed by Democratic Governor Andrew Cuomo on January 22, 2019, the anniversary of the Roe v. Wade Supreme Court decision, which guaranteed a woman's right to abortion.

Viability of the fetus

The New York Reproductive Health Act (RHA) permits abortions after 24 weeks if a healthcare professional determines that the fetus is not viable or that the abortion is necessary to protect the life or health of the mother. Previously, abortions after 24 weeks were only allowed in cases where the mother's life was at risk.

The RHA does not explicitly define "health", but 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."

The determination of fetal viability must be made by a "health care practitioner licensed, certified, or authorized" under state law, "acting within his or her lawful scope of practice."

Fetal viability is defined as the point when a fetus is "potentially able to live outside the mother's womb, albeit with artificial aid."

The RHA has been criticized by abortion opponents who argue that it allows abortions up to the moment of birth. They contend that the health exception could be broadly interpreted beyond just issues of physical health to include age, economic, social, and emotional factors.

Pro-choice advocates counter that these assertions are based on unrealistic, extreme interpretations of the law and that medical professionals can be trusted to make informed, professional decisions in consultation with their patients.

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