In New York
After Roe in New York, abortion is still legal in most circumstances. Hear from New Yorkers for Constitutional Freedoms about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
Connect with New Yorkers for Constitutional Freedoms
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
New York will still allow nearly all abortions. New York enshrined a supposed right to choose whether to carry a pregnancy to term in its law. NY Pub. Health law § 2599-aa (McKinney).
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
New York legalized abortion in 1970, three years before the Supreme Court handed down the Roe v. Wade decision. In 2019, New York passed the Reproductive Health Act, which expanded abortion access. N.Y. Pub. Health Law § 2599-aa (McKinney). Now, abortion remains legal post-Roe. Even third-trimester abortions remain legal under a broad “health” exception. New York has no parental involvement laws or informed consent laws, and elective abortions are funded through Medicaid.
Now, abortion advocates are expected to push for measures to further expand abortion access and to make it easier for women residing in pro-life states to travel to New York to obtain abortions. Pro-life New Yorkers will oppose these efforts and will oppose attempts to add an abortion rights guarantee to the New York State Constitution.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
New York’s Reproductive Health Act states that abortion is illegal after the 24th week of a pregnancy, but it includes an ill-defined exception to protect the life and health of the mother. Because the Act does not define what protecting the mother’s life and health means, courts have liberally interpreted this provision to provide for abortion in almost any circumstance. Furthermore, because the Act expressly leaves out any enforcement provision, the Act effectively legalizes abortion at any stage in the pregnancy. N.Y. Pub. Health Law § 2599-bb (McKinney).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes. If the physician determines abortion is necessary to protect mother’s life or health. N.Y. Pub. Health Law § 2599-bb (McKinney)
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
None.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
No one.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
No.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Individuals may refuse to participate in abortions, in writing, on the basis of conscience or religious beliefs. N.Y. Civ. Rights Law § 79-i.
Hospitals may refuse to admit patients for the purpose of terminating a pregnancy through abortion. N.Y. Comp. Codes R. & Regs. tit. 10, § 405.9(10).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
No.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
No. N.Y. Pub. Health Law § 2599-bb (McKinney).
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
No.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No.