Abhortion · State legal snapshot

New York

Legal to 24 weeks; no barriers. Abortion is legal in New York up to 24 weeks of pregnancy and thereafter for life, health, or fetal non-viability, with no waiting period, parental…

Protected by statute As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●● High

§ I · Gestational limit

◐ Legal to 24 wk · from LMP · banned after
0481216202428323640 wk

│ Protected to 24 weeks; health/viability thereafter · measured from LMP · N.Y. Pub. Health Law § 2599-bb

§ II · Restriction inventory — 15 checked, 1 in force

◐24-week ban · LMPIn force

●In-person visitsNone

●Method-specific banNone (state)

●Physician-only lawNone

●Parental involvementNone

●Telehealth prescribing banNone

●Waiting periodNone

●Spousal consent or noticeNone

●Abortion trafficking lawNone

●Scripted counselingNone

●Civil bounty (SB8-style)None

●Private insurance restrictionNone

●Ultrasound requirementNone

●Pill-mailing banNone

●Self-managed abortion crimeNone

§ III · Access

Criminal exposure

Procedure

Coverage & interstate

●

Available now

Yes

●

Pregnant person

Expressly exempt

●

Waiting period

0 hours

●

Medicaid

Broader than Hyde

●

Medication · telehealth

Legal · telehealth allowed

●

Self-managed

Not a crime

●

Compelled visits

0 in person

●

Private insurance

No state restriction

●

Who may perform

Physicians & APCs

●

Provider max penalty

None

●

Minors

No involvement law

●

Shield state

Yes

●

Mailing pills

Not banned

●

Fetal homicide law

None

●

Judicial bypass

No parental law

◐

Major pending change

Yes · see p. 2

✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable

§ IV · Why it is legal — governing authorities

■

Reproductive Health Act — Authorization of Abortion, N.Y. Pub. Health Law § 2599-bb — The operative provision authorizing abortion by Title VIII practitioners up to 24 weeks…

■

Reproductive Health Act — Policy and Fundamental Right, N.Y. Pub. Health Law § 2599-aa — Declares the fundamental right to choose abortion and prohibits state interference with…

■

Reproductive Freedom and Equity Program, N.Y. Pub. Health Law § 2599-bb-1 — Establishes state grant program funding abortion providers and nonprofits that…

“A health care practitioner licensed, certified, or authorized under title eight of the education law, acting within his or her lawful scope of practice, may perform an abortion when, according to the practitioner's…”— N.Y. Pub. Health Law § 2599-bb(1)

Fetal personhood — how the law treats the unborn

● N.Y. Penal Law § 125.00

No New York statute or constitutional provision defines a fetus, embryo, or unborn child as a 'person' or 'human being' with legal rights.

No fetal personhood in law

→

● Exempt · pregnant woman

No criminal or civil exposure

● Carved out · abortion

Abortion is not chargeable under the homicide statutes.

● Not reached · third parties

No fetal homicide law

New York presents a notably internally consistent legal framework with respect to fetal personhood, making it an outlier among states with abortion restrictions. Wrongful death: No wrongful death for unborn child.

§ V · Criminal exposure by actor

●

Pregnant woman

No criminal or civil exposure

●

Physician

No criminal exposure; civil limited

●

Non-physician prescriber

Protected under shield law

●

Helpers · funds

Helpers protected under shield law

●

Travel helpers

No criminalization; actively protected

●

Civil bounty

No civil bounty law

✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical

Penalties on the books — top 5

ActorOffensePenalty Pregnant womanNone — all criminal abortion statutes repealedNo criminal penalty; no civil liability under state law Physician / health care…None for lawful abortion; general medical…No criminal penalty; professional discipline shielded by… Prescriber / pharmacistNone — no separate prescriber or pharmacist…No criminal penalty; professional discipline shielded Nurses and clinical staffNone — no criminal abortion statute exists to…No criminal or civil penalty under New York law Helpers (friends, family,…None — no criminal, civil, or bounty liability for…No criminal or civil penalty under New York law; protected by…
Abhortion · State legal snapshot · New YorkNot legal advice — verify citations before reliance · 1 / 2

§ VI · How the law got here ● court  ■ statute  ◆ executive / agency

13 Jun 2022■

Governor Kathy Hochul signed the first tranche of New York's shield law (S.9077/A.9687), creating Executive Law §…

24 Jun 2022●

Dobbs v. Jackson Women's Health Organization decided, overturning Roe v. Wade.

1 Jan 2023■

Private insurance mandate took effect: every state-regulated private insurance plan offering maternity care coverage…

20 Jun 2023■

Governor Hochul signed legislation expanding the shield law to cover telehealth abortion care provided to…

5 Nov 2024■

New York voters approved Proposition 1 (the Equal Rights Amendment), amending N.Y. Const. art.

31 Jan 2025●

A Louisiana grand jury indicted New York physician Dr.

1 Apr 2025■

Governor Hochul signed S.4587/A.2145, strengthening the shield law by allowing providers to use only the practice…

19 Dec 2025■

Further shield-law amendments took effect, requiring any individual or entity in New York to notify the Office of the…

§ VII · Exceptions matrix

Named in lawVerified Life of the pregnant personLife exception: provider judgment◐✓ Physical healthHealth exception: unqualified◐✓ Mental healthMental health covered under 'health'◐✓ RapeRape exception: not applicable●— IncestIncest exception: not applicable●— Fatal fetal anomalyFetal non-viability: provider judgment◐✓ Miscarriage · ectopic careMiscarriage management expressly protected◐✓

Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.

§ VIII · Shield law & interstate

● Shield state

Strong multi-layered shield law regime

● Travel unrestricted

Travel for abortion fully protected

● Telehealth prescribing allowed

Telehealth explicitly permitted and protected

● Pill mailing not banned

No state prohibition; shielded

● Funding help protected

No restrictions; state funds abortion

● Providing information

No liability; First Amendment protects

Interstate postureNew York has one of the nation's strongest shield-law regimes, with statutes blocking extradition, professional discipline, state cooperation with out-of-state investigations, and creating a clawback…

§ IX · Who pays

Medicaid covers abortion beyond Hyde

Life

Hyde · federal

Rape

Hyde · federal

Incest

Hyde · federal

Medically necessary

State-only funds

●

Private insurance must cover abortion

Exchange plans must cover abortion

●

State actively funds providers

§ X · Pending changes status and effect as recorded — no forecast

Litigation

Louisiana v. Carpenter (interstate shield law challenge)Louisiana indictment issued Jan. 2025; Louisiana Governor issued extradition warrant; New York Governor…

If Louisiana or federal authorities succeed in compelling extradition or enforcing the Louisiana judgment against Dr. Carpenter, it would significantly weaken shield law…

Litigation

Texas v. New York (shield law recognition of out-of-state…A New York trial court ruled against Texas's effort to enforce Texas legal judgments against New York…

If Texas prevails on appeal, New York courts could be required to recognize and enforce Texas civil judgments against New York abortion providers, undercutting the…

Legislation

S.5921 (2025) — unborn child as homicide/assault victimIntroduced March 4, 2025, by Senator Weik; referred to committee. Would define 'person' to include 'an unborn…

If enacted, this would reintroduce fetal-homicide language into New York law (which the RHA removed) and could create tension with the state's abortion-protective…

Legislation

S.577 / A.2195 (2025) — Born Alive Abortion Survivors'…Introduced 2025; would require health care practitioners present at the time an abortion results in a live…

Would impose a duty of care on practitioners if an abortion results in a live birth. The bill's practical effect is limited given that abortions at a stage where live…

§ XI · Key authorities ● case  ■ statute  ◆ agency

■Reproductive Health Act — Authorization of Abortion N.Y. Pub. Health Law § 2599-bb

■Reproductive Health Act — Policy and Fundamental Right N.Y. Pub. Health Law § 2599-aa

■Reproductive Freedom and Equity Program N.Y. Pub. Health Law § 2599-bb-1

■Shield Law — Extradition Protection N.Y. Crim. Proc. Law § 570.17

■Shield Law — Non-Cooperation Mandate N.Y. Exec. Law § 837-x

■Shield Law — Professional Discipline Shield N.Y. Educ. Law § 6531-b

■Clawback Remedy N.Y. Civil Rights Law § 70-b

■Homicide Definition (post-RHA) N.Y. Penal Law § 125.00

■Clinic Access Protection N.Y. Penal Law § 240.70

●Endresz v. Friedberg 24 N.Y.2d 478, 301 N.Y.S.2d 65, 248 N.E.2d 901 (1969)

■New York Equal Rights Amendment (Proposition 1) N.Y. Const. art. I, § 11 (as amended effective Jan. 1,…

■Private Insurance Abortion Mandate Chapter 57 of the Laws of 2022, Part R (amending N.Y.…

◐ Semi-verified — confirm at sourceSpousal consent / notice · Spousal enforceability · Wrongful death · Medicaid · Private insurance · Exchange plans
○ Verify before publicationThe precise meaning of 'commencement of pregnancy' in PBH § 2599-bb is not statutorily defined. The NYSDOH treats it as measured from last menstrual…
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