New York Abortion Laws
New York abortion laws are less restrictive than those in many other states, which often impose long waiting periods, consent requirements, strict facility codes, and other statutory obstacles. The Empire State requires a licensed doctor to perform the procedure. But all states, including New York, have some abortion restrictions.
|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|
|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 a New York attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- New York Statutes
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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