Cuomo's Abortion Law: What You Need To Know

The Reproductive Health Act (RHA) is a New York statute enacted on January 22, 2019, that protects abortion rights, decriminalises abortion, and eliminates several restrictions on voluntary abortions in the state. The law has been criticised by Catholic and pro-life leaders, and faced legal challenges from religious conservatives. However, supporters of the RHA argue that it is necessary to codify abortion rights in the state and remove abortion from the state criminal code. Here's what you need to know about the Cuomo Abortion Law.

The Reproductive Health Act allows abortions after 24 weeks if the mother's health is at risk or the fetus is not viable

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo in January 2019. The Act codifies the rights laid out in Roe v. Wade, which was overturned by the Supreme Court in 2022. The RHA allows abortions after 24 weeks if the mother's health is at risk or the fetus is not viable. This is a change from the previous law, which only allowed abortions after 24 weeks if the mother's life was at risk.

The RHA has been praised by pro-choice advocates for guaranteeing access to abortion and removing restrictions. They argue that late-term abortions are rare and almost always involve cases of extreme medical complexity. The Act also ensures that healthcare practitioners other than doctors, such as nurse practitioners and physician assistants, can perform abortions.

However, the RHA has been criticised by pro-life advocates and religious groups, including the Catholic Church, who argue that it legalises abortion up to the point of birth without any serious restriction. They claim that the exception for the health of the mother is too broad and can be interpreted to cover psychological and emotional health. They also point out that the RHA removes protections for infants born alive during an abortion and eliminates references to abortion in the state's criminal code.

The debate over the RHA reflects the ongoing polarisation around abortion rights in the United States, with advocates on both sides accusing each other of bias and spreading lies.

The Act removes abortion from the state's criminal code

The Reproductive Health Act (RHA) removes abortion from the state's criminal code. This means that abortion is no longer considered a criminal act in New York State. The RHA also amends the public health law, decriminalizing women's access to abortions and protecting the doctors who perform them.

Previously, New York 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 RHA removes these restrictions and allows abortions to be performed by licensed healthcare practitioners other than doctors, such as nurse practitioners and physician assistants.

Proponents of the RHA argued that abortion should be treated as a healthcare matter, not a criminal one. They 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. Opponents of the RHA, on the other hand, argued that the change removes an important prosecutorial power, such as being able to fully charge a domestic abuser for ending a woman's pregnancy.

The removal of abortion from the state's criminal code is part of a broader effort to protect women's reproductive rights and ensure that New Yorkers can make personal healthcare decisions without fear of criminal penalty.

The Act allows non-physicians to perform abortions

The Reproductive Health Act (RHA) allows non-physicians to perform abortions. This means that licensed nurse practitioners or physician assistants can perform abortions. However, they must be licensed and certified by the state and act within their legal scope of practice. The goal of this provision is to ensure access to abortion in areas with few doctors.

The RHA was signed into law by Governor Andrew Cuomo of New York in 2019. It is a long-term goal of pro-choice advocates and was passed by the newly elected Democratic majority in the state Senate. The RHA codifies rights laid out in Roe v. Wade and other abortion rulings. It states that a woman may abort a viable fetus after 24 weeks of pregnancy only if her life or health is at risk or if there is no fetal viability.

The law has been criticized by Catholic and pro-life leaders, who argue that it legalized abortion up to the point of birth. They also oppose the provision allowing non-physicians to perform abortions. However, defenders of the law see it as a bulwark for women's rights, guaranteeing access to abortion even if the Supreme Court overturns or limits Roe v. Wade.

The debate over the law continues, with pro-life groups urging President Trump to take federal action to defund Planned Parenthood. On the other hand, pro-choice advocates argue that the law is necessary to protect women's reproductive rights and ensure access to abortion care.

The Act repeals the requirement for a second physician to be present for abortions after 20 weeks

The Reproductive Health Act (RHA) repeals the requirement for a second physician to be present for abortions after 20 weeks. This change was made because the previous requirement did not reflect modern medical practices and standards of care. The RHA's supporters argue that modern abortion techniques do not result in live births, and that in the unlikely event that a baby is born alive, medical providers and support staff would provide the necessary medical care.

The RHA was signed into law by New York Governor Andrew Cuomo in January 2019. The Act codifies Roe v. Wade into New York State law, ensuring that New Yorkers can make personal healthcare decisions without fear of criminal penalty. The legislation also allows for abortions in New York before the end of the 24th week of pregnancy or later if the abortion is "necessary to protect the patient's life or health" or if there is "no fetal viability".

The RHA has been criticised by Catholic and pro-life leaders, who argue that it legalises abortion up to the point of birth. However, defenders of the law state that it is designed to guarantee abortion access in New York, even if the Supreme Court overturns or limits its decision in Roe v. Wade. The Act has also been criticised for removing protections for infants born alive during an abortion. Previously, abortions after 20 weeks required a separate physician to be present to provide medical care for any infant born alive during the procedure. With the repeal of this section of the law, there is now no explicit requirement for medical care to be provided to infants born alive during an abortion.

Despite the ongoing criticism, Governor Cuomo has defended the RHA, arguing that it does little more than codify Roe v. Wade into state law. He has also pushed back against claims that the law allows for "late-term abortions", stating that these only account for about 1% of all abortions and are usually performed due to medical issues or non-viable fetuses.

The Act does not define 'health'

The Reproductive Health Act (RHA), signed into law by Governor Andrew Cuomo in 2019, does not define the term "health". This is in keeping with the norm of not defining medical terms in law. The determination of whether a woman's health is at risk is left to the discretion of her medical provider.

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” and there is an "absence of fetal viability" or the abortion is "necessary to protect the patient’s life or health". The RHA allows abortions before the end of the 24th week of pregnancy, or later if the abortion is deemed necessary to protect the patient's life or health, or if there is no "fetal viability", meaning the fetus is unable to survive outside the womb.

The RHA also removes abortion from the state's penal code, instead placing it within public health law. This means that abortion is no longer treated as a criminal matter, but rather as a healthcare issue. The change in the public health code also repealed a section of the previous law that required abortions after 12 weeks to be performed in a hospital, and for an additional physician to be present for abortions after 20 weeks.

The RHA has been praised by supporters as a necessary measure to codify abortion rights in the state and increase access to abortion services, particularly in areas with few doctors. However, it has also faced criticism, with some arguing that removing abortion from the criminal code could impact the prosecution of crimes against pregnant women.

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