New York Abortion Law: What's Allowed And What's Not

Abortion laws vary across the United States, with some states imposing restrictive legislation. In New York, abortion is legal and protected, with comprehensive abortion rights legislation enacted in 2019. The Reproductive Health Act ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. This paragraph will explore the specifics of abortion access and rights in New York.

Abortion is legal and protected in New York

In New York, minors do not need parental permission to get birth control, abortion, prenatal care, or other reproductive health services. Abortion services in the state are confidential, and health care providers cannot share medical records or information about reproductive health care services with anyone else without the patient's permission. New York law also prohibits employers from accessing personal information about employees' reproductive health decisions.

The state requires insurance coverage of abortion and mandates that Medicaid and all state-regulated private health insurance plans cover abortions. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing. Additionally, New York protects against discrimination based on reproductive health care decisions. Employers cannot discriminate against employees based on their reproductive health decisions, and no one can threaten, hurt, or intimidate a person for having or planning to have an abortion.

New York has a history of supporting abortion rights, having legalized abortion in 1970, three years before the Supreme Court's decision in Roe v. Wade. In 2022, the Supreme Court overturned Roe v. Wade, but abortion remains legal and protected in New York. The state continues to expand access to abortion care and protect abortion providers and patients.

Minors can consent to confidential abortion care

In New York, minors can consent to confidential abortion care. This means that minors do not need their parents' permission to get an abortion. To give informed consent, minors must be able to demonstrate an understanding of the risks, benefits, and alternatives to the procedure, including the option of not having it.

Abortion services are confidential, and a minor's medical records cannot be disclosed to their parent or guardian without their permission. However, it is important to note that confidentiality may not be guaranteed if a minor discloses their pregnancy to a teacher, administrator, social worker, or other school employee.

New York State has a long history of promoting reproductive health services for minors, recognising the importance of providing teens with unhindered access to critical services. This policy is supported by public health studies and court rulings, which have shown that parental involvement laws can increase the risk of harm or abuse to minors, cause delays in seeking necessary care, and lead to more dangerous alternatives.

Minors in New York also have the right to obtain birth control, prenatal care, and other reproductive health services without parental consent, further ensuring their access to comprehensive reproductive healthcare.

New York insurance covers abortion care

New York has a history of protecting abortion rights. The state made abortion legal in 1970, 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, transgender men, and non-binary people, have the right to a safe and legal abortion.

In New York, people of all ages have the absolute right to an abortion through the 24th week 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. Minors do not need parental permission to get an abortion, and abortion services are kept confidential.

New York requires insurance coverage of abortion. The state mandates that Medicaid and all state-regulated private health insurance plans cover abortions. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing. Comprehensive health insurance policies sold in New York must include coverage for women's health care services, including preventive care screenings, cancer screenings and treatment, contraceptives, infertility, maternity care, maternal depression, and medically necessary abortions.

New York's insurance requirements for abortion coverage apply to individual health insurance coverage purchased in the state, group health insurance coverage purchased by an employer in New York, and the New York State Health Insurance Program for government employees. Similar protections apply to Medicaid, the Essential Plan, or Child Health Plus coverage. However, these protections do not extend to out-of-state coverage, self-funded coverage, or Medicare.

In addition to insurance coverage, New York offers financial assistance for abortion services. The NYC Abortion Access Hub helps individuals find abortion providers, schedule appointments, and obtain financial assistance, regardless of their immigration status. The Hub can connect individuals to abortion providers that accept insurance or offer financial help. New York also has abortion funds, such as the New York Abortion Access Fund, that can help pay for abortions, even for those without insurance.

Abortion is allowed after 24 weeks if health is at risk

Abortion is legal in New York State and has been since 1970, three years before the Roe v. Wade decision legalised abortion across the US. 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.

Abortion is permitted in New York State for any reason up to 24 weeks into the pregnancy. After 24 weeks, abortion is still permitted if a medical practitioner decides that the fetus is not viable or that the life or health of the pregnant person is at risk. This includes the physical and mental health of the pregnant person.

The Reproductive Health Act removed abortion from the state's penal code and instead placed it under the health code. This means that abortion is treated as a healthcare matter rather than a criminal one. The Act also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, with an additional physician present for abortions after 20 weeks.

The decision to have an abortion is a personal one, and no one should be pressured into having or not having an abortion. Abortion services in New York are confidential, and healthcare providers cannot share medical records or information about reproductive health care services without the patient's permission.

Medical information is kept confidential

In New York, medical information is kept confidential. Abortion services are confidential, and health care providers cannot share medical records or information about reproductive health care services without a patient's permission. This includes abortion, birth control, and testing and treatment for sexually transmitted diseases. This means that your medical information cannot be shared with your partner, parents, guardians, or anyone else without your consent.

New York law specifically protects the medical records of abortion patients. However, your medical record may be shared between your healthcare providers. If you have concerns about your medical record being shared, you should discuss this with your healthcare provider.

Additionally, the New York City Abortion Access Hub provides confidential help in finding an abortion provider in New York City, scheduling an appointment, and accessing financial assistance, transportation, and lodging. The Hub does not collect or record any identifying information, and your phone number will be hidden when you call.

It is important to note that if you are travelling from another state to New York for an abortion, there may be additional considerations regarding the protection of your information. It is recommended that you read about digital abortion privacy at the Digital Defense Fund to ensure you are fully informed.

Frequently asked questions