Cuomo's Abortion Law: Main Points Explained

Governor Andrew Cuomo's abortion law, the Reproductive Health Act (RHA), was signed into law in New York State on January 22, 2019, the 46th anniversary of Roe v. Wade. The RHA protects abortion rights, decriminalises abortion, and eliminates restrictions on voluntary abortions in the state. The law allows abortions to take place before the end of the 24th week of pregnancy, or later if the patient's life or health is at risk, or if the fetus is not viable. The RHA also permits non-physicians, such as nurse practitioners and physician assistants, to perform abortions if they are licensed and certified by the state. The law was criticised by religious conservatives but supported by groups such as the New York Civil Liberties Union.

Abortion allowed if the mother's life is at risk

Governor Andrew Cuomo's Reproductive Health Act (RHA) of 2019 allows for abortions after 24 weeks if a healthcare professional determines that the mother's life is at risk or the fetus is not viable. This is a change from the previous law, which only allowed abortions after 24 weeks in cases where the mother's life was at risk.

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 24 weeks of the commencement of pregnancy, there is an absence of fetal viability, or the abortion is necessary to protect the patient's life or health.

The RHA removes abortion from the state's penal code altogether, with the homicide statute still defining a "person" as "a human being who has been born and is alive". Killing a baby once born was and is still considered homicide.

The RHA does not explicitly define "health", leaving this up to the judgement of medical professionals. This has been a point of contention, with critics arguing that the exception for the health of the mother is broad enough to cover any possible late-term abortion.

The RHA repeals a section of the public health law that required abortions after 12 weeks to be performed in a hospital and mandated the presence of an additional physician for abortions after 20 weeks to care for any live births resulting from the procedure. This section also specified that a child born alive during an abortion procedure immediately enjoyed the protection of New York's laws and required medical records to be kept of the efforts to care for the infant. With the repeal of this section, the public health law is now silent on the status of an infant born alive during an abortion.

Abortion allowed if the foetus is not viable

Governor Andrew Cuomo's abortion law, the Reproductive Health Act (RHA), allows abortions after 24 weeks of pregnancy if the foetus is not viable. Prior to the RHA, New York law banned abortions after 24 weeks, except when necessary to save the pregnant woman's life.

The RHA does not define the term "viable", leaving it up to medical providers to determine whether a foetus is viable based on specific medical criteria. This means that abortions are allowed if medical professionals determine that the foetus is not viable or will not be able to survive outside the womb.

The RHA also removes abortion from the state's penal code, decriminalising the procedure and eliminating it from the homicide statute. This change has been a point of contention, with proponents arguing that abortion should be treated as a healthcare matter, while opponents argue that it removes an important prosecutorial power.

The RHA is a significant piece of legislation that has polarised opinions, with pro-choice advocates celebrating the increased access to abortion and pro-life groups expressing concerns about the lack of restrictions on late-term abortions. The law has also been criticised for removing protections for infants born alive during an abortion procedure.

While the RHA has been praised for protecting women's reproductive rights and ensuring that abortion remains legal in New York, it has also faced strong opposition from those who believe it goes too far in allowing abortions without sufficient restrictions.

Abortion allowed before the end of the 24th week of pregnancy

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo in 2019. The RHA allows abortions before the end of the 24th week of pregnancy. This is a significant change from the previous law, which banned abortions after 24 weeks of pregnancy unless it was necessary to save the pregnant woman's life.

The RHA permits abortions before 24 weeks based on a medical professional's "reasonable and good faith professional judgment based on the facts of the patient's case". This means that women can choose to have an abortion before 24 weeks without any restrictions. After 24 weeks, abortions are permitted if there is an absence of fetal viability or if the procedure is necessary to protect the patient's life or health. These judgments are made by a licensed healthcare practitioner, acting within their lawful scope of practice.

The RHA removes abortion from the state's penal code, decriminalizing the procedure and treating it as a healthcare matter rather than a criminal one. This change has been a point of contention, with opponents arguing that it removes an important prosecutorial power, such as the ability to charge a domestic abuser for ending a woman's pregnancy.

The RHA also repeals a section of the public health law that required abortions after 12 weeks to be performed in a hospital and mandated the presence of an additional physician for abortions after 20 weeks to care for any live birth resulting from the abortion. The repealed section also specified that a child born alive during an abortion procedure immediately enjoyed the protection of New York's laws and required the maintenance of medical records detailing the efforts to care for the infant. With the repeal of this section, the public health law is now silent on the status of an infant born alive during an abortion.

Abortion allowed by non-physicians

Governor Andrew Cuomo's Reproductive Health Act (RHA) of 2019 allows abortions to be carried out by "health care practitioners licensed, certified, or authorized" under New York's medical licensing laws. This means that licensed nurse practitioners or physician assistants can now perform abortions, in addition to licensed physicians.

This change in legislation reflects the fact that, prior to the RHA, many state medical boards had already permitted advanced practice clinicians (APCs) to provide abortions, given that studies have shown that APCs who are trained to provide abortion services can do so safely, to a standard comparable with that of physicians.

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."

The RHA repeals a section of the public health law that previously required abortions after 12 weeks to be performed in a hospital, and for a separate physician to be present for abortions after 20 weeks to provide medical care for any infant born alive during the procedure.

Abortion decriminalised

Governor Andrew Cuomo's signing of the Reproductive Health Act (RHA) on January 22, 2019, decriminalised abortion in the state of New York. The law was passed by the state Senate (38-24) and the state Assembly (92-47) and was signed into law by Governor Cuomo that same day.

The RHA removed abortion from the state's penal code and repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital and mandated the presence of an additional physician for abortions after 20 weeks. The law also removed references to abortion in the state's homicide statute, which previously included causing the death of an unborn child if the woman had been pregnant for more than 24 weeks.

The RHA permits abortions when a medical professional determines that:

• The patient is within 24 weeks from the commencement of pregnancy.
• There is an absence of fetal viability.
• The abortion is necessary to protect the patient's life or health.

The RHA allows abortions to be performed by a "health care practitioner licensed, certified, or authorised" under state law, which may include licensed nurse practitioners or physician assistants.

The decriminalisation of abortion in New York has been a divisive issue, with supporters arguing that it codifies abortion rights and treats abortion as a healthcare matter, while opponents criticise the removal of prosecutorial powers and express concerns about the lack of restrictions on late-term abortions.

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