Abortion Law: Nyc's New Changes And What They Mean

New York has some of the least restrictive abortion laws in the country. Abortion has been legal in the state since 1970, three years before the Roe v. Wade decision. In 2019, New York passed the Reproductive Health Act, which expanded access to abortion care and protected abortion providers and helpers. In 2024, voters will decide whether to amend the New York Constitution to prohibit discrimination based on pregnancy outcomes and reproductive healthcare and autonomy. Here's what you need to know about abortion rights in New York.

Abortion is legal in New York up to 24 weeks into a pregnancy

New York has protected abortion rights for longer than most states. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the country. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights in the state. This law also allows certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and midwives, to provide abortion services.

In 2022, the U.S. Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion. However, because abortion rights are codified in New York State law, this decision did not impact abortion access in New York. The state has also enacted shield laws to protect those seeking an abortion in New York from civil and criminal litigation from their home state.

New York also has laws in place to protect those seeking abortions from interference and discrimination. For example, New York requires Medicaid and all state-regulated private health insurance plans to cover abortions. Additionally, health care providers cannot share medical records or information about reproductive health care services without the patient's permission.

After 24 weeks, abortion is permitted if the foetus is non-viable or the patient's life or health is at risk

Abortion laws vary across the United States, with some states imposing more restrictions than others. New York State has protected abortion rights since 1970, three years before the Roe v. Wade decision. In 2019, New York passed the Reproductive Health Act, further protecting access to reproductive rights and expanding the list of legal exceptions for performing an abortion past 24 weeks.

Abortion is permitted in New York State up to and including 24 weeks of pregnancy. After this point, abortion is still permitted in certain circumstances. If a medical provider decides that the foetus is non-viable, or that the patient's life, physical health, or mental health is at risk, an abortion can be performed. The New York State Department of Health (DOH) defines "health is at risk" broadly, including any factor that impacts a person's well-being. This can include the patient's mental health.

The decision to have an abortion is a personal one, and no one should be pressured into making a particular decision. If you are uncertain about your options, you can contact the New York City Abortion Access Hub, which provides confidential help in finding an abortion provider and scheduling an appointment. Interpretation services are also available.

Minors do not need parental consent for abortion services in New York

Minors in New York do not need parental consent to receive abortion services. This means that minors can receive abortion services without involving a parent and that these services will remain confidential.

New York has long been a leader in promoting reproductive health services for minors. This important public health policy is facilitated by ensuring that minors can receive services without involving a parent and that these services will remain confidential.

Most adolescents voluntarily involve their parents in decisions regarding abortion. However, as the Supreme Court has recognized, requiring parental involvement can sometimes lead to harming teens, rather than helping them. Minors often have good reasons to avoid involving their parents, such as the fear that a parent will interfere with their decision or become abusive. Studies indicate these fears are well-founded. For example, in one study, 18% of teens who were required to involve their parents said their parents forced them to have an abortion when they found out about the pregnancy.

New York's abortion laws are less restrictive than those in many other states, which may impose waiting periods, detailed consent and counseling mandates, and other regulations on abortion clinics and other healthcare providers. New York does not set up barriers to reproductive healthcare, including the decision to end a pregnancy. If you choose to have an abortion, you won't have to get the consent of your partner, parent, or guardian. There is no mandated counseling or waiting period before accessing abortion services.

Abortion services in New York are confidential

In New York, healthcare providers cannot share medical records or information about reproductive health care services—including abortion, birth control, and testing and treatment for sexually transmitted diseases—with your partner, parents, guardians, or anyone else without your permission. Your employer cannot access personal information about your or your partner's reproductive health decisions.

New York has also enacted shield laws to protect those seeking an abortion from civil and criminal litigation from their home state. This includes patients using telehealth services from a New York medication abortion provider.

Additionally, New York prohibits interference with healthcare services and has specific criminal laws in place to prevent individuals from interfering with or blocking access to those seeking reproductive healthcare services, including abortion.

New York requires insurance coverage of abortion

New York has taken steps to ensure that abortion remains accessible to all who need it. The state has laws in place that require insurance coverage of abortion, including through Medicaid. Here is some more detailed information on insurance coverage of abortion in New York:

Medicaid Coverage

Medicaid will cover abortion services in New York State. Pregnant New Yorkers can qualify for Medicaid at higher income levels and regardless of immigration status. To learn more or get connected to an enrollment counsellor to schedule an in-person or phone appointment, visit the Health Insurance page, text “CoveredNYC” (“SeguroNYC” in Spanish) to 55676, or fill out the Health Insurance Enrollment Assistance Inquiry form.

Private Insurance Coverage

New York has modified its insurance laws, requiring private insurers in the state to offer coverage for medically necessary abortions. This means that if you have private insurance, your insurance plan may cover abortion services. Contact your insurance provider to find out what your plan covers and if there are specific providers your plan works with.

Financial Assistance

If you do not qualify for insurance, your insurance does not cover abortion services, or your insurance has high out-of-pocket costs, there are organisations that can help. The New York Abortion Access Hub can help connect you to an abortion provider that can offer financial help. There are also organisations such as the National Abortion Federation, the New York Abortion Access Fund, and the National Network of Abortion Funds that can provide assistance. These organisations do not ask about your immigration status.

Frequently asked questions