New York Abortion Laws
Explanation of Chart and More Information on Abortion Laws
| Code Section | Penal §125.05, §125.20, §125.40-60; Pub. Health §4164 |
| Statutory Definition of Illegal Abortion | (1) Failure to meet standards for legal abortion; (2) if causes mother to die; (3) if not within first 24 weeks; (4) administering or taking drugs or any other manner with intent to cause a miscarriage |
| Statutory Definition of Legal Abortion | Within first 24 weeks or necessary to preserve mother's life; if mother performs abortion it must be on the advice of M.D. within the first 24 weeks or to preserve her own life |
| Penalty for Unlawful Abortion | If not justifiable abortional act and after 24 wks., Class E or D felony; if woman dies from act, Class B felony; self-abortion or issuing abortion articles, Class B or A misdemeanor |
| Consent Requirements | - |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D.; after 12th wk., must be in hospital on in-patient basis. After 20th wk., 2nd M.D. must be present to handle medical care of any live birth |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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