The Battle Over Abortion Laws In New York

New York's abortion laws have been a topic of discussion and debate in recent years, with the state having more relaxed laws compared to other states. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision, and the state has continued to protect abortion rights. In 2019, New York passed the Reproductive Health Act, further protecting access to reproductive rights and guaranteeing access to safe and legal abortions. The state's abortion laws allow abortions after 24 weeks if a healthcare professional determines that the fetus is not viable or the mother's health is at risk. While New York's abortion laws are secure, there is an ongoing debate about a ballot question, Proposition 1, which aims to safeguard abortion access and prohibit new classes of discrimination. Opponents argue that the language is too vague and could undermine parents' rights. With the ongoing political and legal battles over abortion rights in the US, it remains to be seen if New York's abortion law will face further challenges or changes in the future.

New York's Reproductive Health Act

The RHA also permits advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives, to provide abortion services if they are qualified and if it falls within their scope of practice. This has increased the number of medical practitioners who can provide safe abortions, making abortion more accessible.

The RHA was passed by the New York State Senate (38-24) and the state Assembly (92-47) on the 46th anniversary of the Roe v. Wade ruling. It was signed into law by Governor Andrew Cuomo, who ordered One World Trade Center and other landmarks to be lit in pink to celebrate.

The Act ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. People of all ages have the absolute right to an abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted if the fetus is not viable or if the pregnant person's life, physical health, or mental health is at risk.

The RHA also provides confidentiality protections, requiring health care providers to keep medical records and information about reproductive health care services confidential. Additionally, it requires insurance coverage of abortion and prohibits discrimination based on reproductive health care decisions.

New York's RHA has faced criticism for removing abortion from the criminal code, with concerns raised about potential consequences for crimes against pregnant individuals. However, supporters argued that the bill was necessary to codify abortion rights and take abortion out of the state criminal code, placing it in public health law instead.

The right to abortion in New York

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.

Abortion Access in New York

Abortion is available in New York to anyone who can get pregnant, including minors, transgender men, and non-binary people. People of all ages have the absolute right to an abortion up to 24 weeks into a pregnancy. After 24 weeks, abortion is permitted if a medical provider decides that the fetus is not viable or that the life or health (including mental health) of the pregnant person is at risk.

Confidentiality

Abortion services in New York are confidential. Healthcare providers cannot share medical records or information about reproductive health care services, including abortion, with anyone else without the patient's permission. This includes partners, parents, or guardians.

Insurance Coverage

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

Non-Discrimination

New York law prohibits discrimination based on reproductive health care decisions. An employer, or potential employer, cannot discriminate against someone based on their reproductive health decisions.

Shield Laws

New York has also enacted shield laws to protect those seeking an abortion in the state from civil and criminal litigation from their home state.

Ballot Measures

In November 2024, New Yorkers will vote on Proposition 1, also known as the New York Equal Rights Amendment. The proposition would add new constitutional protections to the state constitution's equal protection clause, prohibiting discrimination based on "ethnicity, national origin, age, disability and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy".

Future Challenges

While abortion rights are currently protected in New York, there may be future challenges to these rights at the federal level or from other states that oppose abortion.

Abortion access and insurance coverage

Even after Roe v. Wade was overturned in 2022, New York ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. 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 decides the fetus is not viable or if the person's life, physical health, or mental health is at risk. Minors do not need parental permission to get an abortion, and abortion services are confidential.

New York requires insurance coverage of abortion. Medicaid and all state-regulated private health insurance plans must cover abortions. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing. For those travelling to New York for abortion access, there are organizations available to help pay for travel expenses, such as The Brigid Alliance and the Haven Coalition.

New York voters will also decide on Proposition 1, the New York Equal Rights Amendment, which would add new constitutional protections to the state constitution's equal protection clause, prohibiting discrimination based on "ethnicity, national origin, age, disability and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy."

Shield laws for those seeking abortions

Shield laws are a crucial tool for states where abortion is legal to further protect abortion care access for people living in other states with abortion restrictions. These laws help individuals in abortion-restriction states obtain the procedure in an abortion-friendly state without facing legal repercussions from their home state. Shield laws protect patients from prosecution or investigation by their home state, which is particularly important in a post-Roe world, where abortion laws vary across states and can carry significant civil or criminal penalties.

In New York, abortion has been legal since 1970, three years before the Roe v. Wade decision. The Reproductive Health Act, passed in 2019, further protected access to reproductive rights and ensured that all pregnant people, including minors, transgender men, and non-binary individuals, have the right to a safe and legal abortion. New York law allows abortions until the 24th week of pregnancy and permits abortions after this point if the fetus is not viable or if the pregnant person's life or health is at risk. Additionally, minors in New York do not need parental permission to access abortion services, and these services are kept confidential.

New York has also taken steps to protect abortion access and reproductive rights for its residents. Governor Kathy Hochul has been working to preserve and strengthen these rights, and the state ensures that abortion remains safe, legal, and accessible for all who need it. New York does not require residents to access abortion services, and people from outside the state can also receive abortion care within New York.

In addition to protecting patients, shield laws also extend protections to providers and others involved in abortion care access. Clinicians may be more willing to provide abortions to out-of-state patients with shield laws in place. These laws can prevent state officials from assisting in investigations or legal proceedings in other states based on violations of abortion-related laws. They also protect healthcare providers from professional and licensure consequences, as well as medical malpractice insurance coverage losses due to their involvement in abortion care.

The impact of shield laws on patient access to abortion care is significant. They reduce both the real and perceived risks of prosecution for individuals who travel outside their state to receive an abortion. However, there may be limitations to these protections, and it is important for individuals to understand their rights and the specific shield laws in their state. Overall, shield laws play a crucial role in protecting abortion access and ensuring that individuals can make their own decisions about their bodies and health.

Abortion laws in other states

New York's abortion laws are unique in the United States, as abortion has been legal in the state since 1970, three years before the Roe v. Wade decision, which legalised abortion across the country. New York's abortion laws are protected by state law, and so federal decisions to limit access to abortion will not impact the state.

In New York, abortion is legal up to 24 weeks of pregnancy. After 24 weeks, abortion is permitted if the pregnancy or the patient's health is at risk. Minors do not need parental permission to get an abortion, and abortion services are confidential. New York also requires insurance coverage of abortion, including Medicaid and all state-regulated private health insurance plans.

In other states, abortion laws vary significantly. Since the overturning of Roe v. Wade in 2022, abortion policies and reproductive rights are decided by each state. Currently, abortion is illegal in 13 states, with only limited exceptions. 28 states have abortion bans based on gestational duration, and 9 states and Washington D.C. do not restrict abortion on the basis of gestational duration.

Some states prohibit abortion at all stages of pregnancy, while others permit it up to a certain point, and some allow abortion throughout pregnancy. In states where abortion is legal, there are often restrictions, such as parental consent or notification laws, mandatory waiting periods, and counselling requirements.

Some states have passed laws to protect abortion rights, such as California, which passed Proposition 1 in November 2022, enshrining the right to legal abortion and contraception in the state constitution. Similarly, in November 2022, Michigan voters passed a state constitutional amendment that explicitly added the right to abortion and contraception. Colorado passed the Reproductive Health Equity Act in April 2022, which protects abortion rights and assures that "every individual has a fundamental right to make decisions about their own reproductive health care".

Other states have passed laws restricting or banning abortion. For example, Alabama, where performing an abortion is a Class A felony, with up to 99 years in prison. Abortion is also illegal in American Samoa, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.

Frequently asked questions