New York Abortion Law: Understanding The Recent Changes

On the 46th anniversary of Roe V. Wade, New York state passed a law to protect women’s access to abortion if the historic case is overturned. The New York Reproductive Health Act was signed into law by Gov. Andrew Cuomo on January 22, 2019, and it makes significant changes to the state's abortion laws. The new law removes abortion from the state's criminal code, allowing medical professionals who are not doctors to perform abortions, and permitting abortions after 24 weeks if a health care professional determines the health or life of the mother is at risk, or the fetus is not viable.

Abortion is no longer in the state's criminal code

Abortion is no longer part of New York's criminal code. This means that doctors and other medical professionals who perform abortions will not face criminal prosecution. The New York State Assembly member Deborah Glick praised the change, saying:

> "After years of fighting for the passage of this essential protection for women, our moment has finally arrived. The New York State Assembly has kept the torch lit for years, and we are extremely excited to be able to pass the torch to a Senate dedicated to the respect of women and the protection of their basic right to make healthcare decisions."

Gov. Andrew Cuomo, who signed the Reproductive Health Act into law, said that the old law had criminal penalties and that doctors or professionals could be held criminally liable. The new law, however, states that:

> "Every individual who becomes pregnant has the fundamental right to choose to carry the pregnancy to term, to give birth to a child, or to have an abortion, pursuant to this article."

The change in the law means that abortion is now treated as a health care matter rather than a criminal one. This is in line with the argument made by proponents of the bill, who pointed to examples of women being forced to travel out of state to terminate pregnancies with fetuses that doctors said would not survive outside the womb.

The law also allows abortions to be carried out by licensed health-care practitioners who are not doctors, such as nurse practitioners and physician assistants.

Medical professionals who perform abortions are protected from criminal prosecution

On January 22, 2019, New York's Democratic Governor Andrew Cuomo signed the Reproductive Health Act into law. This law protects women's access to abortion in the state and ensures that medical professionals who perform abortions are shielded from criminal prosecution.

Prior to the passage of the Reproductive Health Act, New York's abortion law, which was enacted in 1970, three years before the Roe v. Wade decision, criminalized 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 old law defined homicide as "conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than 24 weeks."

The Reproductive Health Act removes abortion from the state's criminal code, ensuring that doctors and medical professionals who perform abortions cannot be prosecuted criminally. This change reflects the view that abortion should be treated as a healthcare matter rather than a criminal one. The law now allows abortions to be performed by licensed "health-care practitioners" acting within their scope of practice, which can include physician assistants, nurse practitioners, and midwives, in addition to doctors.

The passage of the Reproductive Health Act in New York was a significant step forward in protecting women's reproductive rights and ensuring that medical professionals who provide abortion care are protected from criminal liability. This change in the law sends a clear message that women in New York have the fundamental right to control their own bodies and make decisions about their own health.

In addition to protecting medical professionals from criminal prosecution, the Reproductive Health Act also addresses late-term abortions. It 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. This is a change from the previous law, which only allowed late-term abortions if the mother's life was at risk.

Non-doctors can now perform abortions in New York

New York's abortion law has undergone several changes in recent years, with the state taking steps to protect and strengthen abortion rights. One of the most notable changes is that non-doctors can now perform abortions in New York State. This means that medical professionals who are not doctors, such as physician assistants, nurse practitioners, and midwives, are now allowed to perform abortions.

This change was implemented as part of the Reproductive Health Act, which was signed into law by Governor Andrew Cuomo in 2019. The Act was passed to protect women's access to abortion and safeguard their right to make decisions about their health, including abortion. By allowing non-doctors to perform abortions, the law aims to increase access to abortion services and ensure that women in New York have the fundamental right to control their bodies and make choices about their reproductive health.

The Reproductive Health Act also addresses late-term abortions, making them legal after 24 weeks if the fetus is not viable or if the mother's life or health is at risk. This is a significant change from the previous law, which made it a felony to perform late-term abortions. The Act removes abortion from the state's criminal code, protecting doctors and medical professionals from criminal prosecution.

The passage of the Reproductive Health Act in New York has been celebrated by many as a victory for women's rights and reproductive freedom. However, it has also faced criticism from those who believe it goes too far in expanding access to abortion. Some argue that allowing non-doctors to perform abortions could jeopardize women's health and that removing abortion from the criminal code could limit prosecutors' ability to charge suspects in cases of forced abortions or assaults on pregnant women resulting in fetal death.

Despite the controversy, the Reproductive Health Act represents a significant shift in New York's abortion law, ensuring that abortion remains safe, legal, and accessible for all who need it in the state.

Late-term abortions are permitted if the fetus is not viable or the mother's life is at risk

New York's abortion law has been a topic of debate and discussion for years, with recent changes sparking further discussion. The state's Reproductive Health Act (RHA) has altered the landscape of abortion access and rights, and one of the most contentious aspects of this new legislation is its stance on late-term abortions.

Late-term abortions, or abortions after 24 weeks of pregnancy, are permitted in New York under two specific circumstances: if the fetus is not viable or if the mother's life is at risk. This has been a point of contention, with critics arguing that it allows abortions up to the moment of birth. However, it's important to note that these late-term abortions are rare, accounting for about 1% of abortions nationwide.

The RHA's provision for late-term abortions addresses situations where a woman learns late in her pregnancy that the fetus is not viable or that her health or life is at risk. Previously, abortions after 24 weeks were only allowed in New York if the mother's life was in danger, which was inconsistent with the Roe v. Wade decision. The new law aligns with the Supreme Court's ruling, guaranteeing a woman's right to choose and protecting her health and safety.

The decision to permit late-term abortions under specific circumstances is left to the judgment of licensed healthcare practitioners, who assess the patient's case and determine the absence of fetal viability or the necessity to protect the mother's life or health. This discretion given to healthcare professionals has been a point of concern for opponents of the RHA, who argue that it gives too much power to doctors and could lead to non-essential late-term abortions.

The change in New York's abortion law regarding late-term abortions is a significant shift from the previous restrictions. By removing abortion from the state's criminal code and treating it as a health issue rather than a criminal one, the RHA ensures that women in New York have secure access to abortion services, regardless of the stage of their pregnancy.

The law codifies Roe v. Wade protections into state law

The New York State Senate passed the Reproductive Health Act on the 46th anniversary of Roe v. Wade, a landmark case that established abortion rights in the United States. The Act was signed into law by Governor Andrew Cuomo, who stated that it would "send a clear message" that "women in New York will always have the fundamental right to control their own body".

The Reproductive Health Act serves to protect women's access to abortion in the state of New York, in the event that Roe v. Wade is overturned. This is significant as the Supreme Court overturned Roe v. Wade in 2022, and abortion rights are no longer federally protected.

The Act removes abortion from the state's criminal code, which previously classified it as a felony. This change protects doctors and medical professionals who perform abortions from criminal prosecution. It also allows medical professionals who are not doctors, such as physician assistants, nurse practitioners, and midwives, to perform abortions.

The Act addresses late-term abortions, stating that they can be performed after 24 weeks if the fetus is not viable or when necessary to protect the life of the mother.

By codifying Roe v. Wade protections into state law, New York has ensured that women in the state will continue to have legal access to abortion, even after the Supreme Court's reversal of Roe v. Wade.

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