Restrictions

As of 2019, New York law generally prohibits abortion after twenty-four weeks post-fertilization, unless the fetus is not viable or the pregnant person’s life or health, including mental health, is at risk.^[1]N.Y. PUB. HEALTH LAW §§ 2599-aa to 2599-bb.

State Protections

In 2019, New York enacted a statutory protection for abortion as a fundamental right.^[2]Id. It states:

The legislature finds that comprehensive reproductive health care is a fundamental component of every individual’s health, privacy and equality. Therefore, it is the policy of the state that: 1. Every individual has the fundamental right to choose or refuse contraception or sterilization. 2. Every individual who becomes pregnant has the fundamental right to choose to carry the pregnancy to term, to give birth to a child, or to have an abortion, pursuant to this article. 3. The state shall not discriminate against, deny, or interfere with the exercise of the rights set forth in this section in the regulation or provision of benefits, facilities, services or information.

The state provides public funding for abortion and requires private insurance coverage of abortion care.^[3]DEP’T OF HEALTH, Medicaid Family Planning Services; N.Y. INS. LAW § 3217-c; N.Y. COMP. CODES R. & REGS. tit. 11, § 52.16 (c) and (o); A.B. 9007, 2022 Leg., Reg. Sess. (Ny. 2022), amending … Continue reading State law authorizes certain health-care practitioners, including advanced practice clinicians (APCs), to provide abortion care,^[4]N.Y. PUB. HEALTH LAW § 2599-bb; N.Y. EDUC. LAW § 6500 et seq. and includes protections for clinic safety and access by prohibiting interference,^[5]N.Y. PENAL LAW § 240.70 (1)(a) – (b), (d). and allows abortion providers, patients, clinic staff, and volunteers to maintain address confidentiality.^[6]S.B. 9384, 2022 Leg., Reg. Sess. (Ny. 2022), amending N.Y. Exec. Law § 108. In 2022, New York’s governor allocated $35 million in state funding to expand abortion provider capacity and ensure provider and clinic security.^[7]Governor’s Office, Governor Hochul Announces Nation-leading $35 Million Investment to Support Abortion Providers in New York (May 10, 20220), … Continue reading

In 2022, New York enacted statutory protections shielding providers, patients, and people who help others access abortion in New York from the reach of out-of-state investigations and legal actions.^[8]S.B. 9077, 2022 Leg. Reg. Sess. (Ny. 2022); S.B. 9080, 2022 Leg. Reg. Sess. (Ny. 2022); S.B. 9079, 2022 Leg. Reg. Sess. (Ny. 2022). Further, New York allows anyone sued in another state for providing, accessing, or helping someone access legal abortion care in New York to file their own legal action for unlawful interference with a protected right, and collect compensatory and punitive damages from the out-of-state litigant.^[9]S.B. 9039, 2022 Leg. Reg. Sess. (Ny. 2022).

Post-Roe Prohibitions

New York does not have a pre-Roe ban, as the state first legalized abortion in 1970 without residency requirements.^[10]N.Y. PENAL LAW § 125.05(3) (McKinney Supp. 1971).

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in New York. In 2019, New York enacted comprehensive abortion rights legislation, expanding access to abortion care in the state, and in 2022 enacted additional protections for abortion providers and helpers.