• Abortion Laws in New York
  • February 26, 2015 | Author: Arkady Bukh
  • Law Firm: Bukh Associates PLLC - Brooklyn Office
  • Now, New York has a soaring abortion. Roughly 41 out of every 1,000 women in the state end a pregnancy. One in eleven abortions in the US happens in New York. Seven out of every ten abortions conducted in the state are done in New York City. New York City sees more procedures performed on children under 18, women getting 4, 5 or even 6 abortions. More late-term abortions are conducted in New York City than elsewhere in the nation. In some parts the city, the ratio of abortions to births is one to one.

    During the last two decades, while many state legislative bodies have limited availability to abortion, New York has remained fairly free of interfering with abortion rights. Medicaid continues to pay for terminations for women below the poverty line and teens don’t need to have a parent’s permission to get an abortion. There are thirty-five clinics in New York City and each perform over 400 abortions annually.

    Illegal Abortion

    In New York, as in the other 49 states, unrestricted abortion doesn’t exist. New York joins the other states by starting from the presumption that abortion is a criminal act. About 20 state-jurisdictions define an unlawful abortion in terms of a definition of a lawful abortion. New York, for example, an illegal abortion is defined as a failure to meet the criterion of a legal abortion.

    New York Abortion Law

    The New York State code spells out the definition of illegal abortion. If any of the four criteria are present, then the law considers an illegal abortion to have been performed. The criteria are:

    1. Not meeting the standards for legal abortion;

    2. If the procedure causes the mother to expire;

    3. Occurs outside of the first 6 months of pregnancy;

    4. Giving (or taking) drugs, or performing any other act, with the intent to trigger a miscarriage.

    The definition of legal abortion is a little shorter. The procedure must happen within the first 24 weeks of pregnancy or is required to save the mother’s life; if the mother chooses to perform the abortion, the procedure must be based on the recommendation of a licensed physician AND must be within the first 6 months of gestation.

    The penalty for a non-justifiable abortion, after 24 weeks is a Class D or E felony. It gets bumped to a Class B felony if the mother dies from the procedure. Self-abortion will be either a Class A or Class B misdemeanor.

    Between the 12th and 20th week of pregnancy, a licensed M.D. is required to perform the procedure and it must be in a hospital on an in-patient basis. After the 20th week, a second M.D must be present to be ready to provide any medical care should the procedure turn into a live birth.

    Any woman considering abortion as an option should consider consulting with an attorney experienced in New York abortion and family law.