New York's Abortion Law: Effective Date And What's Changing

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision that legalized abortion across the United States. In 2019, New York passed the Reproductive Health Act, which expanded access to abortion care and allowed abortions after 24 weeks if the patient's life or health is at risk, or if the fetus is not viable. In 2022, New York enacted additional protections for abortion providers and helpers, and in 2024, voters will decide whether to amend the state constitution to prohibit discrimination based on pregnancy outcomes and reproductive healthcare and autonomy.

Abortion is legal in New York up to 24 weeks without a physician's approval

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the United States. In New York, abortion is legal up to 24 weeks into a pregnancy without a physician's approval. After 24 weeks, abortion is permitted if a physician decides that the fetus is not viable or that the pregnant person's life, physical health, or mental health is at risk.

The Reproductive Health Act, passed in 2019, allows abortions past the 24th week of pregnancy if the pregnant individual's life or health is at risk, or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties for the pregnant individual, abortion is effectively legal throughout pregnancy.

In 2023, New York enacted a law expanding the 2022 statutory shield protections to New York providers and others who help patients outside of New York access abortion via telemedicine. The state also provides public funding for abortion and requires private insurance coverage of abortion care.

New York has no residency requirements for abortions, and people of all ages have the absolute right to an abortion through the 24th week of pregnancy. Additionally, minors do not need parental permission to get birth control, abortion, prenatal care, or other reproductive health services. Abortion services in New York are also confidential, and healthcare providers cannot share medical records or information about reproductive health care services without the patient's permission.

After 24 weeks, a physician's approval is required unless the patient's life or health is at risk

Abortion laws vary from state to state, and in New York, abortion is legal and protected. New York has allowed abortions since 1970, three years before the Roe v. Wade decision. 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 up to and including 24 weeks of pregnancy. After 24 weeks, a physician's approval is required unless the patient's life, physical health, or mental health is at risk, or the fetus is not viable. This means that if continuing the pregnancy would threaten the patient's health or life, or if the fetus cannot survive outside the womb, abortion is still an option.

The decision to have an abortion is a personal one, and no one should be pressured into making a decision they do not want to make. New York law ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. The state also offers confidential help to those seeking an abortion, and there are no residency requirements.

New York has also enacted shield laws to protect those seeking abortions from civil and criminal litigation from their home state, and has expanded access to contraception by authorising pharmacists to dispense certain hormonal contraceptive medications without a prescription.

New York does not have residency requirements for abortions

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the United States. New York does not have residency requirements for abortions. This means that abortion access is available for New Yorkers and for those coming from outside of New York State.

In New York, you can get an abortion up to and including 24 weeks into a pregnancy. After 24 weeks, you can still get an abortion if your health or pregnancy is at risk. There are no specific requirements outside of standard patient consent for a health care treatment or procedure.

The New York City Abortion Access Hub provides confidential help in finding an abortion provider in New York City, scheduling an appointment, and getting financial assistance. This help is available regardless of immigration status. You do not need to live in New York City to contact the Abortion Access Hub or receive a referral.

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

New York passed the Reproductive Health Act in 2019 to protect access to reproductive rights

New York has a long history of protecting abortion rights. The state first legalised abortion in 1970, three years before the Roe v. Wade decision legalised abortion across the country. In 2019, New York passed the Reproductive Health Act (RHA) to further protect access to reproductive rights.

The RHA was signed into law by Governor Andrew Cuomo on January 22, 2019, the 46th anniversary of the Roe v. Wade ruling. The Act passed the New York State Senate by a vote of 38-24 and the state Assembly by a vote of 92-47.

The RHA expanded protections for abortion access in several ways. Firstly, it allowed certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and midwives, to provide abortion services. Secondly, it broadened the list of legal exceptions for performing an abortion past 24 weeks. Abortion is now available throughout pregnancy if the fetus is not viable or to protect the pregnant patient's life or health, including their mental health.

The RHA also decriminalised abortion and eliminated several restrictions on voluntary abortions. Before the RHA, New York law recognised licensed physicians as the only medical providers able to perform abortions, and abortion was included as part of the penal law under homicide. The RHA removed abortion from the criminal code and placed it in public health law.

Supporters of the RHA argued that the bill was necessary to codify abortion rights in the state and take abortion out of the state criminal code. However, critics expressed concern that removing abortion from the criminal code could have consequences for crimes against pregnant women.

In addition to the RHA, New York has also taken other steps to protect access to reproductive rights. The state has enacted shield laws to protect those seeking an abortion in New York from civil and criminal litigation from their home state, and it has expanded access to contraception by authorising pharmacists to dispense hormonal contraceptive medication without a prescription. New York also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from interfering with or blocking access to reproductive healthcare services, including abortion.

New York voters will decide in November 2024 whether to amend the state constitution to protect the right to abortion

New York has a long history of legalising abortion, becoming the second state to do so in 1970, three years before the landmark Roe v. Wade case. In 2019, the state legislature passed the Reproductive Health Act, which expanded protections for abortion access and allowed certain healthcare professionals who aren't doctors to provide abortion services.

In 2022, the US Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion and returning authority to the states to regulate and prohibit it. However, New York's abortion laws are less restrictive than those in many other states, and the Dobbs decision had no immediate effect on abortion providers in the state.

In November 2024, New York voters will decide in a referendum whether to amend the state constitution to protect the right to abortion. This comes as part of the Equal Rights Amendment, which will propose to amend the state constitution to prohibit discrimination based on sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.

New York's abortion laws allow abortions to be performed within the first 24 weeks of pregnancy. After 24 weeks, abortions are permitted if the fetus is not viable or if the pregnant person's life, physical health, or mental health is at risk. There are no residency requirements for abortions in New York, and people of all ages have the absolute right to an abortion.

The state also requires insurance coverage of abortion, with Medicaid and all state-regulated private health insurance plans mandated to cover abortions. Additionally, any state-regulated private health insurance plan that offers maternity coverage must provide abortion coverage without cost-sharing. New York also protects against discrimination based on reproductive health care decisions, ensuring that employers cannot discriminate against individuals based on their reproductive health decisions.

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