Attorney General James Issues Advisory Reminding New Yorkers Abortion Is Legal and Protected in New York State

Following Supreme Court Decision Overturning Roe v. Wade, 
AG James Advises 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 following the U.S. Supreme Court decision to overturn Roe v. Wade (Roe) and Planned Parenthood v. Casey (Casey) by issuing an advisory in multiple languages reminding New Yorkers abortion is legal and protected in New York state. 

New York state has robust protections in place ensuring that anyone who can get pregnant can get an abortion. In 2019, the state legislature passed the Reproductive Health Act, codifying the protections of Roe and guaranteeing access to a safe and legal abortion.

“Even with today’s Supreme Court decision overturning Roe, abortion remains legal in New York,” said Attorney General James. “The people of New York — and all those who may come here seeking care — have my word that New York state has been and will continue to be a safe haven for abortion access. I will never stop fighting to protect the freedom to make our own decisions about our lives and futures.”

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

New Yorkers are encouraged to consult the Office of the Attorney General’s advisory on abortion access if they have questions regarding their rights. The advisory is available in English, Spanish, Simplified Chinese, Korean, Russian, Italian, Polish, Bengali, and Arabic, with additional translations forthcoming. 

New York guarantees access to abortion care:

  • New York guarantees the unqualified right to abortion up to 24 weeks post-fertilization.
  • Abortion is permitted after 24 weeks if the fetus is not viable or if the pregnant person’s life or health (including mental health) is at risk.
  • In New York, minors may 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 upon “reproductive health decision making,” which can include the decision to use a particular medication, medical device, or medical service.
  • The New York Clinic Access Law prohibits anyone from using force, 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 may not disclose medical records or any information about a pregnant person’s appointment or procedure without their consent.
  • This includes not informing their partner, their 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 insurance coverage of abortion:

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