Abortion in New York

Yes. Abortion is legal in New York. However, abortion is restricted in New York and other states beyond a certain point in pregnancy.

When Abortion is Legal in New York

Before Viability

Currently, abortion is legal in New York until “viability,” which is the stage of pregnancy when a fetus has developed enough that it could survive outside the uterus with medical help.

Viability depends on how the fetus is developing and can be different for every pregnancy. A healthcare provider determines if and when a pregnancy is viable based on fetal development.

To figure out how far along you are in pregnancy, count from the first day of your last period.

If your pregnancy has not reached viability, it is legal for you to get an abortion in New York.

Although New York law allows abortion until viability, many providers stop offering abortions earlier in pregnancy.

After Viability

After viability, abortion is only legal in New York in certain situations:

  • To save the pregnant person’s life
  • To preserve the pregnant person’s health (includes mental health)

So unless continuation of the pregnancy risks the life or health of the pregnant person, abortion after viability is illegal according to New York’s abortion laws.

If You Need an Abortion in New York

No Parental Consent Required

Parental involvement is not required in New York. If you’re under 18 years old, you can consent to an abortion yourself and do not have to notify a parent to get an abortion.

Out of State Options

You can leave New York and get an abortion in another state if you cannot access abortion services in New York or prefer to go out of state. Some nearby states like Vermont, Maryland, and Connecticut also allow abortion later into pregnancy than most providers in New York.

See also  Abortion in Oregon

Finding a Provider

Use abortion provider search tools to find a clinic or doctor’s office that provides abortion services in your area. If you’re having trouble scheduling an appointment or need other help accessing abortion services, call the National Abortion Federation Hotline at 1-800-772-9100.

Various organizations also offer financial and logistical support for travel, childcare, lodging and other needs.

Abortion Laws Overview

Below is a quick summary of other key components of New York’s abortion laws:

No Waiting Period

New York does not require any waiting period before getting an abortion. Many states mandate waiting periods ranging from 18-72 hours between an initial consultation appointment and the actual abortion procedure.

No Parental Consent Required

As stated above, New York does NOT require any parental involvement for minors seeking an abortion. Those under 18 can consent to the procedure themselves.

Legal Until Viability

Outside of limited exceptions, abortion is legal in New York until viability – the point when a fetus could potentially survive outside the uterus. The exact timing of viability depends on how the specific pregnancy is progressing.

So New York has relatively few restrictions on abortion compared to other states. Abortions are legal in a wide variety of situations as long as the pregnancy has not reached viability.

Exceptions after Viability

There are two exceptions where New York’s abortion laws allow abortions after viability:

To Save Life

Post-viability abortions are permitted if continuation of the pregnancy risks the life of the pregnant person. So if carrying the pregnancy to term poses a threat to the life of the pregnant patient, abortion is legal in New York under these emergency circumstances even after viability.

See also  Abortion in Maryland

To Preserve Health

The other exception is for abortions necessary to preserve the pregnant person’s health, including mental health. So if continuing the pregnancy could negatively impact the physical or mental health of the pregnant individual, abortion after viability may be permitted.


New York has comparatively few restrictions on abortion access. Abortions are legal and readily accessible for most of pregnancy until viability. Minors can access abortion services without involving parents. And funding and logistical assistance is available for those who need additional support. Continue to check for updates as abortion laws remain complex and frequently-changing across states. But as of now, New York upholds abortion as a protected right with limited barriers.


What is viability in pregnancy?

Viability refers to the point in fetal development when a baby is developed enough to potentially survive outside the womb with intensive medical intervention. It varies based on multiple individual factors but generally occurs around 24 weeks of gestation.

What states near New York allow later abortions?

Vermont, Maryland, and Connecticut legally allow abortions later into pregnancy than most clinics in New York provide. These nearby states can be options for those seeking abortions after New York’s gestational limits.

What financial assistance is available for abortion?

Many nonprofit organizations like the National Network of Abortion Funds and regional abortion funds can provide financial assistance for abortion costs. Travel, lodging and other support may also be available.

Are there age restrictions on abortion?

No, New York does not have any age restrictions on abortion. Those under 18 do not need parental consent or notification.

See also  Abortion in Connecticut

What methods of abortion are used?

In the first trimester, abortion is most commonly performed through medication or in-clinic procedures. Later procedures utilize dilation methods. The specifics depend on individual medical circumstances under a doctor’s determination.

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