1. What are the late-term abortion laws in New York?
In New York State, a woman may terminate a pregnancy through the later stages of gestation, provided that it is done in accordance with certain guidelines and meets the criteria specified in the state’s late-term abortion law. A woman seeking a late-term abortion must have a consultation with two independent physicians from within or outside her health care provider’s facility. Both physicians must agree that the abortion is necessary to protect the woman’s life or health or that the fetus is not viable. If the woman’s health is threatened, the physician must certify that the abortion is necessary to avert serious risk to her life or health, greater than any other medical procedure or course of action. If the fetus is not viable, both physicians must certify that it is not viable and that the abortion is necessary to preserve the woman’s life or health. The woman’s attending physician must then provide her with specific information related to the late-term abortion procedure before it takes place.
2. Is there a gestational limit on abortions in New York?
As of 2019, New York does not have a gestational limit on abortions. The state does, however, require that abortions be performed before 24 weeks of gestation if the fetus is not viable.
3. Is there a ban on late-term abortions in New York?
Yes, New York has a ban on late-term abortions. The ban applies if the fetus is viable, meaning it is capable of surviving outside the womb. Late-term abortions are only allowed if the pregnancy threatens a woman’s life or health.
4. Who can authorize a late-term abortion procedure in New York?
In New York, a late-term abortion procedure must be authorized by three licensed physicians: one the pregnant patient’s attending physician, one certified in obstetrics and gynecology, and one certified in the field of medicine pertinent to the medical emergency necessitating the abortion.
5. How does New York define a “late-term abortion”?
In New York, a late-term abortion is defined as one that is performed after 24 weeks of gestation or 20 weeks post-fertilization, or when the fetus is considered viable outside the womb.
6. Are there any exceptions to late-term abortion bans in New York?
Yes, New York has limited exceptions to late-term abortion bans. These exceptions are only available when the life of the pregnant person is endangered by continuing the pregnancy, or when the health of the pregnant person is in serious risk.
7. Are there any parental notification laws for minors seeking abortions in New York?
Yes, in New York there are parental notification laws for minors seeking abortions. According to the New York State Health Department, “a minor must obtain the consent of a parent or person in loco parentis before obtaining an abortion.” This law applies to all minors under the age of 18.
8. What are the informed consent requirements for abortions in New York?
The New York State Department of Health requires that all women seeking an abortion must be provided with verbal and written informed consent from a licensed physician. The written consent form must include but is not limited to the following information:
• Information about the nature and consequences of the procedure
• The risks associated with the procedure
• Alternatives to the procedure
• Any relevant medical risks
• The probable gestational age of the fetus
• The medical risks associated with carrying a pregnancy to term
• The name and address of the physician performing the procedure
• An explanation of fetal pain if the fetus is determined to be 20 weeks or more gestation
• A statement of the woman’s right to view an ultrasound image prior to the abortion
• A summary of the woman’s right to receive state-mandated counseling and/or printed materials regarding abortion and birth control.
9. Does New York require waiting periods for abortions?
Yes. New York does require a 24-hour waiting period for abortions.
10. Are there any laws requiring ultrasounds before abortions in New York?
No, there are not any laws requiring ultrasounds before abortions in New York.
11. Does New York have any bans on sex-selective abortions?
Yes. New York State passed a law in 2013 banning sex-selective abortions. The law requires that abortion providers ask the patient if they are seeking the procedure for any reasons related to the sex of the fetus. The doctor must then document the patient’s answer and report any violation to civil authorities.
12. Are there restrictions on public funding of abortions in New York?
Yes. In New York, public funding for abortion is restricted in several ways. Medicaid funds are only available for abortions to terminate a pregnancy that is life-endangering or when the pregnancy is the result of rape or incest. Additionally, New York State employees and non-Medicaid recipients are not eligible for coverage of elective abortions.
13. Does New York have any laws regulating the sale of abortifacients (drugs that induce abortion)?
Yes, New York has laws regulating the sale of abortifacients. The New York State Department of Health requires that any drug or device used to induce an abortion be prescribed by a licensed physician and dispensed only by a licensed pharmacy. Additionally, any such drug or device purchased in New York must be distributed and used in accordance with the terms and conditions of the manufacturer’s labeling.
14. Does New York require counselling before an abortion procedure?
Yes, New York requires that women receive counseling before undergoing an abortion procedure. This counseling must be provided by a qualified health care practitioner and is designed to ensure the woman is aware of the risks of the procedure, as well as any other information deemed necessary.
15. Are there any regulations on the disposal of fetal remains after an abortion procedure in New York?
Yes, there are regulations on the disposal of fetal remains after an abortion procedure in New York. According to New York law, all fetal remains resulting from an abortion must be disposed of in a manner that is consistent with generally accepted medical standards and applicable laws and regulations. This includes the use of incineration or interment.
16. Does New York recognize any conscientious objection rights for health care providers who object to performing abortions?
Yes, New York does recognize conscientious objection rights for health care providers who object to performing abortions. The New York Public Health Law states that health care providers are allowed to opt out of performing abortion services if they have a moral or religious objection. Furthermore, the provider must provide details of their objection in writing, and must also make reasonable accommodations to ensure that patients are able to access abortion services through other providers.
17. Does New York have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?
Yes, New York state law prohibits discrimination against healthcare providers who participate in abortion procedures. Additionally, the Reproductive Health Act (RHA) provides further protection to healthcare providers who provide abortion services and prohibits employers from taking adverse employment action against such providers.
18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in New York?
Yes. According to New York State Penal Law § 215.10, it is illegal to transport a minor across state lines for the purpose of obtaining an abortion without the written consent of a parent or guardian. Additionally, medical providers in New York must obtain parental consent before providing abortions to minors.
19. Are there restrictions on the use of telemedicine for abortion services in New York?
Yes, New York has restrictions on the use of telemedicine for abortion services. Telemedicine may be used to provide abortion services only if the provider has previously established an in-person relationship with the patient and there is no third-party present during the telemedicine visit. The patient must be seen in person for an ultrasound prior to the consultation, and the provider must obtain informed consent from the patient before initiating a telemedicine visit. There are also specific requirements for providing medications, such as misoprostol, by telemedicine.
20. Does New York have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?
No, New York does not have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions. New York State protects a woman’s right to choose an abortion, regardless of the method used.