Attorney General James issues notice reminding New Yorkers that abortion is legal and protected in New York State

Following the Supreme Court’s decision overturning Roe v. Wade,
AG James informs New Yorkers of their rights under the Reproductive Health Act of 2019

NEW YORK – New York Attorney General Letitia James today continued her fierce defense of reproductive freedom in the wake of the United States Supreme Court’s decision to overturn Roe vs. Wade (deer) and Family planning c. Casey (Casey) by emitting a advice in several languages reminding New Yorkers that abortion is legal and protected in New York State.

New York State has strong protections in place to ensure that anyone who could get pregnant can get an abortion. In 2019, the state legislature passed the Reproductive Health Actcodifying the protections of deer and ensuring access to safe and legal abortion.

“Even with today’s Supreme Court ruling overturning deerabortion remains legal in New York,” said Attorney General James. “The people of New York – and anyone who may come here for treatment – have my word that New York State has been and will continue to be a safe haven for access to abortion. I do not I will never stop fighting to protect the freedom to make our own decisions about our lives and our future.

New York guarantees access to abortion care and prohibits discrimination and harassment in reproductive decision-making. New York requires abortion insurance coverage and provides public funding for abortion. Abortion services in New York are confidential.

New Yorkers are encouraged to consult the Attorney General’s Office advice on access to abortion if they have questions about their rights. The review is available in English, Spanish, Simplified Chinese, Korean, Russian, Italian, Polish, Bengaliand Arab, with additional translations to come.

New York guarantees access to abortion care:

  • New York guarantees the absolute right to abortion up to 24 weeks after fertilization.
  • Abortion is allowed after 24 weeks if the fetus is not viable or if the life or health (including mental health) of the pregnant person is in danger.
  • In New York, minors can responsibly access abortion or other reproductive health services without parental notification or consent.

New York prohibits discrimination and harassment for reproductive decision-making:

  • State law prohibits employment discrimination based on “reproductive health decision making,” which may include the decision to use a particular drug, medical device, or medical service.
  • The New York Clinic Access Law prohibits anyone from using force, the threat of force, or physical obstruction to injure, intimidate, or interfere with anyone (or attempt to do so) because they are seeking reproductive health services.

Abortion services in New York are confidential:

  • A health care provider generally cannot release medical records or any information regarding a pregnant person’s appointment or procedure without their consent.
  • This includes not telling their partner, parents or guardians, or anyone else without their permission.
  • Employers are prohibited from accessing an employee’s personal information regarding their or their partner’s reproductive health decision-making.

New York requires abortion insurance coverage:

  • New York provides public funding for abortion.
  • New York requires state-regulated private insurers to cover “medically necessary” abortion care.
  • As of January 1, 2023, every private insurance plan providing maternity care coverage must cover abortion.

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