The Abortion Law: New York's Outcry And Silence

New York has long been a sanctuary for women seeking abortion and other reproductive care services, even before Roe v. Wade was the law of the land. Abortion has been legal in New York since 1970, and the state passed the Reproductive Health Act in 2019 to further protect access to reproductive rights. The recent overturning of Roe v. Wade has led to increased demand for reproductive healthcare services in New York, with people from other states travelling there to receive care.

Abortion rights in New York

Abortion has been legal in New York 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 abortion rights part of state law.

Abortion access

Abortion access is available to all in New York, regardless of their state of residence or immigration status. Medication abortion and in-clinic abortion are both available in the state.

Abortion rights

Abortion rights are under attack in certain states and at the federal level. However, Governor Kathy Hochul is fighting to preserve and strengthen these rights in New York. Abortion rights are protected in New York, and federal decisions to limit access will not impact the state.

Abortion after 24 weeks

Abortions are permitted after 24 weeks if a medical provider decides the fetus is not viable or the patient's life, physical health, or mental health is at risk.

Abortion for minors

In New York, minors do not need parental permission to get birth control, abortion, prenatal care, or other reproductive health services.

Abortion services

Abortion services in New York are confidential. Healthcare providers cannot share medical records or information about reproductive health care services without the patient's permission.

Abortion and employment

An employer cannot access personal information about an employee's reproductive health decisions. They also cannot discriminate based on these decisions.

Abortion funding

New York requires Medicaid and all state-regulated private health insurance plans to cover abortions. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing.

Fake abortion clinics

New York residents are warned about fake abortion clinics, sometimes called 'crisis pregnancy centres' or 'limited-service pregnancy centres'. These facilities try to prevent people from having abortions and are often connected with organisations that oppose abortion.

The impact of Roe v. Wade being overturned

The overturning of Roe v. Wade in 2022 has had a profound impact on abortion rights and access in the United States. With this decision, the Supreme Court revoked the constitutional right to abortion, allowing individual states to decide the legality of the procedure. This has resulted in a patchwork of varying abortion laws across the country, with some states banning abortion entirely while others have taken steps to protect abortion access.

One of the most significant consequences of the overturning of Roe v. Wade is the restriction of abortion access for many people, particularly those from marginalized communities. People of colour, low-income individuals, and those living in conservative states now face significant barriers to obtaining abortions. This includes issues of mobility, as well as financial, social, and health challenges. The decision has also disproportionately impacted Black and Hispanic women, who already faced systemic racism and reproductive health inequities.

The loss of Roe v. Wade has also had implications for medical and nursing education. Without adequate training in abortion care, future physicians and nurses may lack the necessary skills to manage pregnancy complications effectively. This could lead to a deterioration in the long-term quality of reproductive healthcare in the country.

Additionally, the overturning of Roe v. Wade has had legal repercussions, with states now navigating a complex landscape of abortion laws and "trigger laws" designed to take effect upon the reversal of Roe v. Wade. The decision has also sparked discussions about the potential impact on other constitutional rights, such as the right to contraception and same-sex marriage, as the reasoning behind the reversal of Roe v. Wade could be applied to these other rights.

The impact of the reversal of Roe v. Wade extends beyond the borders of the United States, influencing global discussions and policies on reproductive rights and health. The decision has empowered anti-abortion activists and shaped foreign policy, with potential consequences for international access to abortion and family planning services.

Overall, the overturning of Roe v. Wade has had far-reaching consequences, affecting abortion access, healthcare education, legal landscapes, and global discussions on reproductive rights. The decision has disproportionately impacted marginalized communities and exacerbated existing inequalities, particularly for people of colour and those with limited financial resources.

The role of Governor Kathy Hochul in protecting abortion rights

Governor Kathy Hochul has been a vocal supporter of abortion rights in New York State. In 2023, she signed six bills to protect abortion access and reproductive rights, including a bill to prevent the extradition of someone to another state for prosecution if they get an abortion in New York State. The legislation also includes protections for the private information of staff at abortion facilities to prevent them from being intimidated.

Governor Hochul has also taken steps to ensure that abortion remains safe, legal, and accessible in New York State. On April 7, 2023, she addressed the federal courts' rulings regarding Mifepristone, a component of medication abortion, reassuring New Yorkers that medication abortion remains safe and available in the state. Additionally, she has joined fellow governors of the Reproductive Freedom Alliance in filing an amicus curiae brief with the High Court to protect abortion access.

In 2024, Governor Hochul signed legislation to strengthen access to reproductive healthcare and protect patients and doctors who require abortion care through telehealth services. This legislation ensures that healthcare providers in New York can provide telehealth services to patients outside of the state without fear of litigation in states where abortion is restricted or outlawed. The legislation also expands on a previous law signed by Governor Hochul in 2022, which protected New York healthcare providers delivering abortion and reproductive health services to out-of-state patients physically present in New York.

Governor Hochul has repeatedly affirmed her commitment to ensuring that abortion remains safe, accessible, and legal in New York State. She has stated that reproductive rights are human rights and that New York will always be a safe harbor for those seeking reproductive healthcare. Her actions have included signing a legislative package to immediately protect the rights of patients and empower reproductive healthcare providers, anticipating a final decision by the Supreme Court on abortion access.

Access to abortion services in New York City

Abortion access in New York City is available to all, regardless of age, citizenship status, or ability to pay. New York has protected abortion rights since 1970, and the state continues to fight to preserve and strengthen these rights.

Abortion Services

Medication abortion and in-clinic abortion are both available in New York City. You can get an abortion up to and including 24 weeks into a pregnancy. After 24 weeks, abortion is still permitted if your health or pregnancy is at risk.

Confidentiality

Abortion services in New York are confidential. Healthcare providers are not allowed to disclose any information without your permission. This includes medical records, as well as any information about your appointment or procedure.

Payment and Support

There are various options to help with the payment of abortion services, and you do not need to be a New York resident to use these resources. The New York Abortion Access Fund (NYAAF) supports people through financial assistance, case management, and connections to other resources. The Brigid Alliance and Haven Coalition also help with travel and lodging costs.

Finding a Provider

The New York City Abortion Access Hub provides confidential help with finding an abortion provider in New York City, scheduling an appointment, and finding financial assistance and lodging. Interpretation services are available.

Legal Information

The New York Attorney General’s Office offers free legal information and resources about accessing abortion through a free hotline: 212-899-5567.

The NYC Abortion Rights Act

Abortion has been a legal right in New York since 1970, three years before the Roe v. Wade decision. However, in the wake of the Supreme Court's overturning of Roe v. Wade in 2022, New York City has taken steps to further protect and expand access to safe abortion and reproductive healthcare. The NYC Abortion Rights Act, passed by the New York City Council, is a package of laws and resolutions that seeks to safeguard this right, particularly for women, trans, and gender non-conforming individuals.

Key Provisions of the Act

• Annual Reporting on Reproductive Health Services: The Act requires the Department of Health and Mental Hygiene (DOHMH) to report annually on the number of births and abortions in the city, assessing the ability of licensed medical providers to offer reproductive healthcare.
• Protection Against Detainment for Abortion-Related Reasons: City agencies are prohibited from using resources to detain individuals for performing or aiding with abortions or cooperating with out-of-state entities regarding abortions performed in New York.
• Public Education on Safe Access to Reproductive Healthcare: The Act mandates a public education program to inform individuals about their rights to access reproductive healthcare and the protections available under city law. This includes information on deceptive advertisements and misleading information provided by crisis pregnancy centers.
• Provision of Medication Abortion at DOHMH Clinics: The DOHMH is required to provide FDA-approved medication for medication abortions at no cost to patients at its health clinics.
• Protection of Abortion Providers and Patients: The Act creates a private right of action for interference with reproductive or endocrine medical care, allowing individuals to bring legal claims if sued for obtaining or providing legal abortion services in New York City.

Impact and Significance

The passage of the NYC Abortion Rights Act by the first-ever women-majority Council underscores New York City's commitment to protecting and expanding access to safe and legal abortions. This comprehensive package of laws and resolutions not only safeguards existing rights but also enhances equity and access to reproductive healthcare for all.

Frequently asked questions