New York Abortion Law: Court Challenge Ahead?

New York's abortion laws are among the least restrictive in the country, with abortion legal in the state since 1970—three years before the Roe v. Wade decision. In 2019, the state legislature passed the Reproductive Health Act, which expanded access to abortion services and allowed certain non-doctors to provide abortions. The law also broadened the list of legal exceptions for performing an abortion past 24 weeks, allowing abortions throughout pregnancy when a fetus is non-viable or to protect the pregnant person's life or health. This can include their mental health. As abortion rights are under attack across the US, New York has taken steps to protect and strengthen abortion access, with Governor Kathy Hochul fighting to ensure abortion remains safe, legal, and accessible for all who need it. However, with ongoing legal challenges to abortion rights and a conservative Supreme Court, the future of abortion access in New York and across the country remains uncertain.

Abortion rights in New York State law

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision, which legalized abortion across the United States. The right to abortion is codified in New York State law, and federal decisions to limit access to abortion will not impact the state.

In 2019, New York passed the Reproductive Health Act to protect access to reproductive rights across the state and make the right to abortion found in Roe v. Wade part of state law. This law expanded protections for abortion access, allowing certain healthcare professionals who aren't doctors to provide abortion services. It also broadened the list of legal exceptions for performing an abortion past 24 weeks. As a result, abortion is available throughout pregnancy when a fetus is no longer viable or to protect the pregnant patient's life or health, including their mental health.

In New York, you can get an abortion up to and including 24 weeks of pregnancy. After 24 weeks, you can still get an abortion if your health or pregnancy is at risk. There are no residency requirements for abortion care in New York, and insurance coverage is mandated.

New York also has laws to protect those seeking abortions from civil and criminal litigation from their home state. The state also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive health care services, including abortion.

The impact of Roe v. Wade being overturned

The overturning of Roe v. Wade in 2022 means that the right to choose to have an abortion or continue a pregnancy is no longer protected by the US Constitution. Instead, individual states can now decide the legality of abortion. This has had a range of impacts, particularly on the health and wellbeing of women, and especially midlife women and women of colour.

Health and wellbeing

The overturning of Roe v. Wade has made it more difficult for women to access safe abortions. In turn, this has led to an increase in unsafe abortions, which carry serious health risks. For example, in the US, there were only three deaths from unsafe abortions in 1975, compared to 39 in 1972. In modern times, only 0.2% of people who undergo abortions require hospitalisation for complications.

The loss of Roe v. Wade is also likely to impact the quality of reproductive healthcare in the long term, as medical professionals will not be adequately trained in abortion care and the management of complications. This is particularly dangerous for midlife women, who are more likely to experience health complications during pregnancy.

Women of colour

The overturning of Roe v. Wade has disproportionately impacted Black and Hispanic women in the US. This is due to existing inequalities in access to healthcare, as well as the systemic impacts of racism, neoliberalism and white supremacy. For example, Black and Hispanic women are less likely to have the financial resources and transportation options to travel out of state for an abortion.

Political implications

The overturning of Roe v. Wade has also had political implications, both within the US and internationally. Within the US, the decision has emboldened those seeking to elevate the role of religion in public life, with several religion-related cases making their way through the federal and state judicial systems.

Internationally, the decision has impacted access to abortion and family planning services in developing countries. For example, the US government has used its power as a leading donor to family planning programmes to pursue policies that conflict with global agreements on reproductive rights, such as the "global gag rule".

State responses

In response to the overturning of Roe v. Wade, some states have enacted shield laws to protect those seeking abortions from civil and criminal litigation. New York, for example, has passed laws to protect those seeking an abortion in the state from litigation from their home state. Other states have expanded access to contraception, with pharmacists authorised to dispense hormonal contraceptive medication without a prescription.

The Reproductive Health Act

The RHA repealed §4164 of the state Public Health Law, which banned abortions after 24 weeks of pregnancy, except when necessary to save the life of a pregnant woman. The RHA also removed abortion from the penal law, where it had been included as part of homicide and could be charged as a criminal offense. In addition, the RHA expanded the list of legal exceptions for performing an abortion past 24 weeks, allowing abortions throughout pregnancy when a fetus is non-viable or to protect the pregnant patient's life or health, including their mental health.

The RHA also expanded access to abortion services by permitting advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives, to lawfully provide abortion services if they have the appropriate qualifications and if this falls within their scope of practice. This has been an important step in making abortion more accessible by increasing the number of qualified medical practitioners who can provide safe abortions.

The RHA has received national media attention and has been criticized for removing abortion from the criminal code, with some arguing that it could have consequences for crimes against pregnant women. However, 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, placing it in public health law instead. The RHA also ensures that federal decisions to limit access to abortion will not impact abortion rights in New York.

Shield laws to protect those seeking abortions

Shield laws are a crucial tool for states where abortion is legal to further protect abortion access for people living in states with abortion restrictions. These laws are designed to help individuals in abortion-restricted 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. This is particularly important in a post-Roe world, where abortion laws vary across states and can carry significant civil or criminal penalties.

New York, for instance, has enacted shield laws to protect those seeking abortions in the state from civil and criminal litigation by their home state. This includes patients using telehealth services from a New York medication abortion provider. New York's shield laws ensure that patients can access abortion services without fear of legal repercussions from their home states.

Shield laws also extend similar protections to healthcare 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 protect providers from professional consequences, licensure issues, or medical malpractice insurance coverage losses due to their involvement in abortion care.

Additionally, New York has taken steps to expand access to contraception, authorizing pharmacists to dispense hormonal contraceptive medication without a prescription. The state also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from blocking access to reproductive healthcare services, including abortion.

New York's abortion laws at a glance

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, which expanded protections for abortion access and allowed healthcare professionals who aren't doctors to provide abortion services.

In New York, people of all ages have the right to an abortion within the first 24 weeks of pregnancy. After 24 weeks, abortion is permitted if the fetus is not viable, or if the patient's life, physical health, or mental health is at risk.

There are no specific consent requirements outside of standard patient consent for treatment or procedures. Minors do not need parental permission to get an abortion, and abortion services are confidential.

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

New York also has laws to protect against interference with healthcare services. It is illegal for individuals to interfere with or block access to those seeking reproductive healthcare services, including abortion.

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