Tuesday, August 9, 2022

What Is Abortion Law In New York

Safe Abortion Access For All In New York State

New York passes new abortion laws
  • Abortion access is available for New Yorkers and for those coming from outside of New York State. You do not have to be a New York State resident to receive care here.
  • Medication abortion and in-clinic abortion is available in New York State. You can speak to a provider about your options, and your privacy will be protected every step of the way.
  • 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.

Q: Who Can Perform An Abortion In New York State

A: Abortions in New York can be performed by licensed physicians and some Advanced Practice Clinicians , including physician assistants, nurse practitioners, and licensed midwives.

If a pregnant person is uncomfortable talking to their doctor about getting an abortion, New York also has a family planning program that can guide individuals through their options.

A new state law, approved in June, shields abortion providers in New York from out-of-state civil or criminal legal action, including protection from extradition.

Providers are also protected from professional misconduct claims for offering abortion services, and medical malpractice insurance providers arent allowed to take action against them related to that work.

New York Abortion Law: Why Are So Many People Talking About It

On the 46th anniversary of the landmark US ruling that made abortion legal, New York state signed into law a new abortion rights bill. Why is it so controversial?

The Reproductive Health Act has been seen by some as a necessary move to safeguard abortion rights should the Supreme Court overturn the ruling, known as Roe v Wade.

And it comes at a time when states such as Mississippi, Iowa and Ohio are rolling back abortion provisions.

While others see it as an “extreme” and “inhumane” expansion of abortion access.

The act removes the need for a doctor to perform some abortions and takes abortion out of the criminal code, making it a public health issue.

However, the most controversial aspect of the RHA is the provision allowing abortions after 24 weeks in cases where there is an “absence of foetal viability, or the abortion is necessary to protect the patient’s life or health”.

The RHA has caused an intense and heated debate about how abortion is regulated in New York, with impassioned arguments made on each side.

We heard some of those views.

Read Also: A New Yorker A Wyndham Hotel

Repeal Abortion Bans & Restrictions

Abortion rights supporters should work to repeal abortion bans and restrictions. In states with pre-Roe laws criminalizing abortion, it is critical to expressly repeal those statutes so that states do not criminalize abortion if the Supreme Court limits Roe. Likewise, in the eight states with trigger bans that would go into effect if the Court limits or overturns Roe, lawmakers and advocates should work to build support for repeal. In fact, all of the abortion bans and restrictions detailed in this report negatively affect abortion access and should be the focus of repeal campaigns. In states that are considered supportive of abortion rights, it is critical to repeal restrictions that limit access to abortion rights.

For example, TRAP laws serve no medical purpose and do not result in increased safety for patients they should be repealed, and clinic guidelines supported by the American College of Gynecology and Obstetrics and the National Abortion Federation should be enacted in their place. Most states require parental involvement in a minors abortion, yet research demonstrates that a majority of minors voluntarily involve their parents or trusted adults in their decision to have an abortion. States should not jeopardize the safety of minors who decide not to involve their parents. Repealing abortion bans and restrictions will ensure that pregnant people can access abortion care.

Is There More Than One Type Of Abortion

Texas Again Places Obstacles in Front of Those Seeking Abortions

There are two types of abortions: medication and procedural:

A medical abortion involves taking two medicines misoprostol and mifepristone.

Process:

Take the first set of pills at the providers office and the second set at home. The pills may cause cramping and vaginal bleeding, similar to a heavy period.

Timing:

Receive pills at up to 10 weeks of pregnancy. Patients can use the medication after 10 weeks, but the earlier they take them, the more effective they are.

Effectiveness:

This method is 91% to 98% effective at ending a pregnancy.

Side effects:

Side effects can be mild and last between two days and two weeks. Side effects can include cramping, spot bleeding, and nausea/vomiting.

Procedural Abortions

The second option, called in-clinic abortion, is an outpatient procedure, which means the patient can return home after the abortion is complete.

Process:

The clinic bases its type of procedure on how long the patient has been pregnant. The most common procedure involves widening the cervix and gently suctioning to remove the pregnancy tissue. This procedure usually takes 10 to 15 minutes.

Timing:

Depending on the specific procedure, a patient can receive a procedural abortion from five weeks since their last period.

Effectiveness:

This method is 99% effective at ending a pregnancy.

Side effects:

Read Also: How Much Is The Average Apartment In New York City

Babies Born Alive After Abortion Can Be Left To Die Under New York Law Legalizing Abortions Up To Birth

New York Governor Andrew Cuomo this week signed into law a bill that legalizes abortions up to birth. While that has been the main focus of the legislation, the new law also revokes medical care for babies who are born alive after botched abortions.

While Congress and legislatures in other states have tried to passed laws called the Born Alive Infants Protection Act, which require doctors to provide appropriate medical care and treatment for babies who are born alive after a failed abortion, the state of New York is moving the other direction. New York now essentially allows infanticide.

The law Gov. Cuomo signed repealed section 4164 of NYs Public Health Law, which mandated medical care for any baby born alive during an abortion.

When an abortion is to be performed after the twentieth week of pregnancy, a physician other than the physician performing the abortion shall be in attendance to take control of and to provide immediate medical care for any live birth that is the result of the abortion,the law reads.

Does this mean that babies will just be left to die in new York at abortion clinics if they somehow survive the abortion procedure? As Tony Perkins, president of Family Research Council, tells LifeNews, the answer is yes.

Another analysis from Hot Air of the new law concurs that born alive infants will be left to die in New York.

They Had Miscarriages And New Abortion Laws Obstructed Treatment

Surgical procedures and medication for miscarriages are identical to those for abortion, and some patients report delayed or denied miscarriage care because doctors and pharmacists fear running afoul of abortion bans.

  • Send any friend a story

    As a subscriber, you have 10 gift articles to give each month. Anyone can read what you share.

    Give this article

  • 623
  • Read in app

By Pam Belluck

Last year, a 35-year-old woman named Amanda, who lives in the Dallas-Fort Worth area, had a miscarriage in the first trimester of her pregnancy. At a large hospital, a doctor performed a surgical procedure often used as a safe and quick method to remove tissue from a failed pregnancy.

She awoke from anesthesia to find a card signed by the nurses and a little pink and blue bracelet with a butterfly charm, a gift from the hospital to express compassion for her loss. It was so sweet because its such a hard thing to go through, Amanda said.

Eight months later, in January, Amanda, who asked to be identified by her first name to protect her privacy, experienced another first-trimester miscarriage. She said she went to the same hospital, Baylor Scott & White Medical Center, doubled over in pain and screaming as she passed a large blood clot.

But when she requested the same surgical evacuation procedure, called dilation and curettage, or D& C, she said the hospital told her no.

Recommended Reading: What Are Grounds For Divorce In New York

New York Passes Law Allowing Abortions At Any Time If Mother’s Health Is At Risk

New York state has enacted strong new legal protections for abortion rights. The new law, signed by Governor Andrew Cuomo on Tuesday, safeguards rights laid out in Roe v. Wade and other court rulings, including a provision permitting late-term abortions when a woman’s health is endangered, The Associated Press reports. The state’s previous law, which had been on the books for nearly 50 years, only permitted abortions after 24 weeks of pregnancy if a woman’s life was at risk.

Governor Cuomo celebrated the passing of the bill in the Democrat-led Senate and Assembly on Tuesday, which happened to be the 46th anniversary of the Roe decision. “In the face of a federal government intent on rolling back Roe v. Wade and women’s reproductive rights, I promised that we would enact this critical legislation within the first 30 days of the new session and we got it done,” Cuomo said in a statement. He directed state landmarks like the spire of One World Trade Center to be lit up in pink to “shine a bright light forward for the rest of the nation to follow.”

“We’re saying here in New York, women’s lives matter. We’re saying here in New York, women’s decisions matter,” Senate Majority Leader Andrea Stewart-Cousins said.

Sarah Weddington, the Texas attorney who successfully argued Roe before Supreme Court, was at Cuomo’s side when he signed the Reproductive Health Act into law.

Does The Rha Allow Non

48 Hours in A Kansas Abortion Clinic | NYT News

Yes. The law specifies that a health care practitioner licensed, certified, or authorized under New Yorks medical licensing laws can perform an abortion and make the professional judgments described above. This means that it is possible that licensed nurse practitioners or physician assistants could perform abortions.

You May Like: How To Request Birth Certificate New York

How Late Can You Get An Abortion

The Reproductive Health Act also allows for late-term abortions to be performed, under some circumstances, including lack of fetal viability or if the mothers life or health is in danger.

The mother can get an abortion until 24 weeks, the middle of the second trimester, without a medical reason.

Abortions after 24 weeks are permitted to be conducted if there isnt fetal viability or if the life/health of the mother is in danger.

Nationwide, late-term abortions are rare. According to the U.S. Centers for Disease Control and Prevention, about 1.3 percent of all abortions came after the 21st week of pregnancy.

The third trimester of pregnancy begins in week 28 of pregnancy.

‘time To Double Down’

Christina Fadden, chair of the anti-abortion organisation New York State Right to Life, told the BBC she was “extremely saddened” by the RHA being signed into law.

Ms Fadden said it was “horrific” that “there is now no protection for unborn children in the state of New York”.

She disputes the assertion that the RHA is a necessary update to the state’s law, and suggests that allowing abortions beyond 24 weeks is “inhumane”.

“I have got a fire in my belly and it’s time to double down on fighting this,” she said.

Ms Fadden is also concerned that the RHA makes abortion a “fundamental right” for women in New York, and will lead to “pro-life viewpoint suppression”.

She told the BBC that her organisation has been “overwhelmed” by the number of people contacting them to volunteer in the wake of the RHA’s ratification.

“We are still formulating our response, but we have to double our efforts.”

Also Check: Where Can I Buy Absolute New York Cosmetics

Does The Rha Allow Abortion Up To The Point Of Birth

The new law allows abortion under any of three conditions: if it is performed earlier than 24 weeks of pregnancy in an absence of fetal viability or if necessary to protect the patients life or health.

So abortion is allowed without any restrictions during the first and second trimesters. Later than that, the question is how fetal viability and protection of the life and health of the mother are determined. The R.H.A. says that those judgments are to be made according to the practitioner’s reasonable and good faith professional judgment based on the facts of the patient’s case it does not impose any objective medical standard.

Pro-life critics point out that the exception for the health of the mother is broad enough to cover basically any possible late-term abortion.

Pro-life critics of the law are pointing out that the exception for health, which is not restricted to a physical definition and can be interpreted to cover psychological and emotional health, subject only to the medical judgment of the abortion provider, is broad enough to cover basically any possible late-term abortion. Insofar as the goal of the law was to guarantee access to abortion and remove restrictions on it, this is part and parcel of that goal. The new law does not contain any meaningful restriction that is likely to ever prevent an abortion.

Abortion Laws By State 2021

Citizens, Not the State, Will Enforce New Abortion Law in Texas

Abortion laws permit, prohibit, restrict or regulate the availability of abortion. Abortion is a controversial subject in many countries due to moral, ethical, religious, and political reasons. Teen pregnancies typically have high abortion rates, especilly among teens 14 and under.

The 1973 Supreme Court case Roe v. Wade was a landmark decision for abortion in the United States. The case involved a woman living in Texas, using the name Jane Roe who became pregnant with her third child but wanted an abortion. Abortion was illegal in Texas except when the pregnancy is deadly for the mother. She hired two attorneys who filed on her behalf against district attorney Henry Wade, alleging that the abortion law was unconstitutional. The U.S. District Court for the Northern District of Texas ruled in her favor, which was appealed by Texas to the U.S. Supreme Court.

The Supreme Court ruled that a woman had the right to choose whether or not to have an abortion, and the three trimesters of pregnancy were used as a framework for its legality. In the first trimester, governments could not prohibit a woman from choosing to have an abortion as long as a licensed physician did it. In the second trimester, governments could enact medical regulations regarding abortions as long as they were tailored to protect the mothers health. In the third trimester, governments could legally prohibit all abortions unless the procedure was necessary to protect the mothers life or health.

Don’t Miss: What Insurance Covers Braces In New York

With Roe Overturned What Will Happen To Abortion Rights In New York

    Syracuse, N.Y. — Abortion will remain legal and accessible in New York state even after the U.S. Supreme Court today struck down the landmark decision that had guaranteed the right to abortion for nearly 50 years.

    Women in New York will continue to receive abortions both through surgical procedures and medication, experts say.

    Note to readers: if you purchase something through one of our affiliate links we may earn a commission.

    Opinion: Controlling Who Can Travel Or Talk About Abortion Brings A Dark Past Into Our Present

    Opinion by Nicole Hemmer

    Nicole Hemmer is an associate research scholar at Columbia University with the Obama Presidency Oral History Project and the author of “Messengers of the Right: Conservative Media and the Transformation of American Politics” and the forthcoming “Partisans: The Conservative Revolutionaries Who Remade American Politics in the 1990s.” She cohosts the history podcasts “Past Present” and “This Day in Esoteric Political History.” The views expressed in this commentary are her own. View more opinion on CNN.

    When the Supreme Court handed down its decision in Dobbs v. Jackson Women’s Health last month, it unleashed a swarm of new abortion bans, as right-wing state legislators raced to strip women of access to abortion services. But the decision also triggered a spate of companion measures — efforts to restrict travel, advertising, medication and even speech — intended to prevent workarounds for people seeking reproductive health care no longer available in their home states.

    Don’t Miss: What Food Is New York Known For

    What If Roe Fell

    If Roe v. Wade were weakened or overturned, abortion rights would be protected in less than half of the U.S. states and none of the U.S. territories.

    The Center for Reproductive Rights What if Roe fell? tool examines several legal factors, including laws, constitutions, and court decisions on abortionand assigns each state, territory, and the District of Columbia to one of four categories: Expanded Access, Protected, Not Protected, and Hostile. Please use this interactive tool to find out more.

    = Law is not in effect = Law is enjoined

    Beginning Of Pregnancy Controversy

    Critics Say New York’s New Abortion Law Goes Too Far

    Controversy over the beginning of pregnancy occurs in different contexts, particularly in a legal context, and is particularly discussed within the abortion debate from the point of measuring the gestational age of the pregnancy. Pregnancy can be measured from a number of convenient points, including the day of last menstruation, ovulation, fertilization, implantation and chemical detection. A common medical way to calculate gestational age is to measure pregnancy from the first day of the last menstrual cycle. However, not all legal systems use this measure for the purpose of abortion law for example countries such as Belgium, France, and Luxembourg use the term “pregnancy” in the abortion law to refer to the time elapsed from the sexual act that led to conception, which is presumed to be 2 weeks after the end of the last menstrual period.

    You May Like: Where To Stay When Visiting New York

    Popular Articles
    Related news