The Abortion Law: What's True In New York?

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision. In 2019, New York passed the Reproductive Health Act, which expanded protections for abortion access, allowing certain healthcare professionals who aren't doctors to provide abortion services. The law also broadened the list of legal exceptions for performing an abortion past 24 weeks, allowing abortions throughout pregnancy when a fetus is non-viable or to protect the pregnant patient's life or health, including their mental health. The RHA also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, and removed abortion from the state's penal code. New York abortion laws are less restrictive than those in many other states, and do not impose waiting periods, detailed consent, or counseling mandates.

Abortion is legal in New York up to 24 weeks

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalised abortion across the United States. 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 New York, you can get an abortion up to and including 24 weeks of pregnancy. After this point, abortion is permitted if a medical provider decides the fetus is not viable, or if the life, physical health, or mental health of the pregnant person is at risk. This is in line with the Reproductive Health Act, which 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The Reproductive Health Act also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, and that an additional physician be present for abortions after 20 weeks.

New York's abortion laws apply to all pregnant people, including minors, transgender men, and non-binary people. People of all ages have the absolute right to an abortion through the 24th week of pregnancy. Abortion services in New York are confidential, and health care providers cannot share medical records or information about reproductive health care services without permission.

After 24 weeks, abortion is legal if the foetus is not viable

Abortion has been legal in New York since 1970, and the state has continued to expand protections for abortion access. In 2019, the Reproductive Health Act (RHA) was passed, which expanded the list of legal exceptions for performing an abortion past 24 weeks.

After 24 weeks, abortion is permitted if a medical provider determines that the foetus is not viable. The term "viable" is not explicitly defined in the RHA, but it is generally understood to mean that the foetus is potentially able to live outside the mother's womb, albeit with artificial aid. The determination of whether a foetus is viable is made by a medical provider based on specific medical criteria and their "reasonable and good faith professional judgment based on the facts of the patient's case".

The RHA allows for abortion after 24 weeks if there is an "absence of fetal viability". This means that if a medical provider determines that the foetus is not viable, the abortion is permitted. This determination is made based on the specific medical circumstances of each case.

The RHA also removed abortion from the state's penal code, instead addressing it as a health care matter. This change means that abortion is no longer considered a criminal act in New York and is instead treated as a health care decision between a patient and their medical provider.

The RHA has been criticised by some who argue that removing abortion from the criminal code could have consequences for crimes against pregnant women. However, supporters of the RHA argue that it is necessary to codify abortion rights and ensure that abortion remains safe, legal, and accessible for all who need it.

In summary, after 24 weeks, abortion is legal in New York if the foetus is determined to be non-viable by a medical provider. This determination is made based on specific medical criteria and the provider's professional judgment. The RHA has expanded protections for abortion access and addressed abortion as a health care matter rather than a criminal one.

Abortion is legal after 24 weeks if the mother's life is at risk

Abortion has been legal in New York State since 1970, three years before the Roe v. Wade decision legalised abortion across the US. In 2019, New York passed the Reproductive Health Act (RHA) to protect access to reproductive rights and enshrine the right to abortion in state law.

The RHA permits abortions after 24 weeks if a healthcare professional determines that the mother's health or life is at risk, or the fetus is not viable. This is a change from previous New York law, which only allowed abortions after 24 weeks if the mother's life was at risk. The RHA also removes abortion from the state's penal code, instead treating it as a health care matter.

The RHA has been criticised for removing abortion from the criminal code, with some arguing that this could have consequences for crimes against pregnant women. However, supporters of the bill argue that it is necessary to codify abortion rights in the state and ensure that abortion is treated as a public health matter, rather than a criminal one.

New York's abortion laws are less restrictive than those in many other states, and the state has taken steps to protect those seeking abortions from civil and criminal litigation. The state also requires insurance coverage of abortion and protects against discrimination based on reproductive health care decisions.

Abortion is legal after 24 weeks if the mother's health is at risk

Abortion in New York is legal up to and including 24 weeks of pregnancy. After 24 weeks, abortion is still permitted if the mother's life, physical health, or mental health is at risk, or if the fetus is not viable. This decision must be made by a licensed healthcare professional and is based on their "reasonable and good faith professional judgment based on the facts of the patient's case". The terms "health", "at risk", and "viable" are not explicitly defined in New York's Reproductive Health Act (RHA), leaving the decision up to the discretion of the medical provider.

The RHA was signed into law by Governor Andrew Cuomo on January 22, 2019, the 46th anniversary of the Roe v. Wade Supreme Court decision that guaranteed a woman's right to an abortion. The RHA removed abortion from the state's penal code, decriminalizing the procedure, and 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.

Previously, abortions after 24 weeks were only justified in cases where the mother's life was at risk. The RHA expanded the legal exceptions for performing an abortion past 24 weeks, allowing abortion throughout pregnancy when necessary to protect the pregnant patient's life or health, including their mental health. This change brought New York's law into alignment with Roe v. Wade, which held that states may limit abortions after fetal viability except in cases necessary to preserve the life or health of the mother.

The RHA also broadened the list of qualified medical providers who can perform abortions. In addition to licensed physicians, advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives, are now permitted to provide abortion services if they have the appropriate qualifications and if it falls within their scope of practice.

New York's abortion laws are less restrictive than those in many other states, and the state has taken steps to protect those seeking abortions from civil and criminal litigation from their home state. The state also requires insurance coverage of abortion and prohibits interference with healthcare services, including specific criminal laws to prevent individuals from blocking access to reproductive healthcare services.

New York abortion laws are less restrictive than other states

New York's abortion laws are less restrictive than those in many other states. New York legalized abortion as early as 1970, three years before the Roe v. Wade decision, and has continued to protect and expand access to reproductive rights. In 2019, the state passed the Reproductive Health Act, which expanded protections for abortion access and allowed certain healthcare professionals who aren't doctors to provide abortion services.

New York's abortion laws do not impose waiting periods, detailed consent requirements, or other regulations on abortion clinics and healthcare providers. The Reproductive Health Act 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." This means that 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 determines that the fetus is not viable or that the patient's life, physical health, or mental health is at risk.

New York also has confidentiality protections in place for abortion services. Healthcare providers cannot share medical records or information about reproductive health care services without the patient's permission. Additionally, New York requires insurance coverage of abortion and prohibits interference with healthcare services, including specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive healthcare services, such as abortion.

In contrast, some 14 states now have near-total abortion bans, and two other states prohibit legal abortion after about six weeks. New York's abortion laws are a reflection of the state's commitment to protecting and expanding access to reproductive rights and ensuring that abortion remains safe, legal, and accessible for all who need it.

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