Abortion Law in New York: Is Abortion Legal in NY in 2026?
Short answerYes. Abortion is legal in New York up to 24 weeks from the start of pregnancy, and after that when the fetus is not viable or when it is needed to protect the patient’s life or health, under Public Health Law § 2599-bb, part of the Reproductive Health Act of 2019.
Last verified: October 26, 2026 against Public Health Law Article 25-A, Chapter 1 of the Laws of 2019, and New York State Department of Health guidance
Is abortion legal in New York? Yes, and the abortion law in New York has been among the most protective in the country since the Reproductive Health Act (RHA) was signed on January 22, 2019. The law treats abortion as health care instead of a crime, and it stays in place no matter what the federal courts do.
This page covers what New York law allows, the 24-week rule, insurance and costs, the state’s shield laws for providers, and the extra options in New York City. It is general information, not legal or medical advice.
Key facts
- Main statute:
Public Health Law § 2599-bb(Article 25-A, added by Chapter 1 of the Laws of 2019). - Time limit: 24 weeks from the commencement of pregnancy, with exceptions after that.
- Exceptions after 24 weeks: absence of fetal viability, or when needed to protect the patient’s life or health.
- Who can perform it: a licensed, certified or authorized health care practitioner acting within their scope of practice.
- Constitution: since January 1, 2025, Article I, Section 11 protects against discrimination based on pregnancy, pregnancy outcomes and reproductive healthcare and autonomy.
- Cost help: insurance, including Medicaid, may cover it, and the New York Abortion Access Fund can help.
Is abortion legal in New York State?
Yes. New York State law says a person who becomes pregnant has the right to carry the pregnancy to term, give birth, or have an abortion. That right appears in Public Health Law § 2599-aa, and the state may not deny or interfere with it when it provides benefits, facilities, services or information.
Abortion is not banned in New York, and it is not illegal in any county of the state. The same statewide law applies in Buffalo, Albany, Rochester and Long Island as in New York City.
What is the new law on abortion in New York?
The big change is the Reproductive Health Act, signed as Chapter 1 of the Laws of 2019. It moved abortion out of the criminal code and into the Public Health Law.
The Act repealed the old abortion offenses in Penal Law §§ 125.40 through 125.60, removed abortion references from Penal Law § 125.00, and added Article 25-A to the Public Health Law. Newer changes since then focus on protecting patients and providers, covered below.
How late can you get an abortion in New York?
Up to 24 weeks from the commencement of pregnancy, and later in two situations. Public Health Law § 2599-bb allows a practitioner to perform an abortion when the patient is within 24 weeks, when there is an absence of fetal viability, or when the abortion is necessary to protect the patient’s life or health.
The practitioner must use reasonable and good-faith professional judgment based on the facts of the case. The law is read together with other New York laws and regulations that govern health care procedures.
| Situation | Is abortion allowed in New York? |
|---|---|
| Within 24 weeks of pregnancy | Yes |
| After 24 weeks, no fetal viability | Yes |
| After 24 weeks, to protect the patient’s life or health | Yes |
| After 24 weeks, none of the above | No |
Is abortion illegal in New York in any case?
Partly, only in the narrow case above. After 24 weeks, an abortion with none of the listed medical reasons does not fit the Public Health Law. The statute covers licensed, certified or authorized practitioners acting within their scope of practice.
For rules after 24 weeks, ask a New York-licensed provider, because each case turns on the medical facts.
Are abortion pills legal in New York?
Yes. The state’s health department notes that early options, including medication, are available, and New York City runs a public telehealth program for it. Pills are a medical treatment, so a licensed practitioner prescribes them within that practitioner’s scope of practice.
Stronger privacy rules now cover the prescribers. New York signed a bill (S.4587/A.5285) in 2025 that lets a prescription label show the dispensing practice’s address instead of the provider’s name, and requires pharmacies to honor a prescriber’s request to remove their name from the label.
New York shield laws and out-of-state patients
New York protects providers who care for patients from states with bans. A 2022 law shields providers who perform abortions in New York for patients from places where abortion is illegal.
A 2023 law (S.1066B/A.1709B, signed June 23, 2023) went further. It blocks extradition of a provider charged over a “legally protected health activity” while the provider is physically in New York, covers care given in person or by telehealth, and bars state and local employees from aiding out-of-state investigations.
These laws protect providers working from New York. They do not change the law in another state, so a patient living elsewhere should get legal guidance about local rules.
New York Constitution protection
Voters approved Proposal 1, the Equal Rights Amendment, on November 5, 2024, and it took effect January 1, 2025. It expanded Article I, Section 11 of the New York Constitution to bar discrimination based on categories that include sex, pregnancy, pregnancy outcomes and reproductive healthcare and autonomy.
Statutes such as the RHA still set the rules for when abortion is performed.
How much does an abortion cost in New York, and does insurance cover it?
Abortion is a covered benefit in New York, and health insurance, including Medicaid, may cover it. Plans bought through NY State of Health cover it, but the state’s coverage rules apply only to policies purchased in New York, so people with a plan from another state should check their policy.
If you are uninsured or need help with travel, the New York Abortion Access Fund (212-252-4757) may help if you live in or are traveling to New York. The state’s pages also list the Brigid Alliance for travel, food and lodging, and the Haven Coalition for overnight lodging in New York City. Providers cannot share information with the parent of a minor patient without permission.
New York City rules
New York City follows the same state law, with no separate city time limit. The city adds access programs. Since October 2023, NYC Health + Hospitals has offered medication abortion by telehealth through Virtual ExpressCare for clinically eligible patients up to 10 weeks of pregnancy.
New York City note: For the telehealth service, patients must attest that they are in New York City during the visit and when they take the medication, and any mailed medication must go to an NYC address. The telehealth line is (718) 360-8981, and in-person appointments can be booked at (844) NYC-4NYC.
Timeline of New York abortion law
- January 22, 2019: Reproductive Health Act signed (Chapter 1, Laws of 2019), repealing the Penal Law abortion offenses and adding
Public Health Law §§ 2599-aa and 2599-bb. - 2022: shield law protects providers who treat patients from states where abortion is illegal.
- June 23, 2023: expanded shield law signed (S.1066B/A.1709B), including telehealth and extradition protection.
- October 2023: NYC Health + Hospitals starts telehealth abortion care.
- November 5, 2024: voters approve Proposal 1, effective January 1, 2025.
- 2025: prescriber label privacy bill (S.4587/A.5285) signed.
Myths and facts
- Myth: Abortion is banned or about to be banned in New York. Fact: It is legal under state law and protected in statute and the state Constitution.
- Myth: New York allows abortion at any time for any reason. Fact: After 24 weeks it requires no fetal viability or a need to protect the patient’s life or health.
- Myth: Abortion is still a crime under the Penal Law. Fact: The RHA repealed the old abortion offenses in
Penal Law §§ 125.40 through 125.60. - Myth: You must live in New York to get care here. Fact: The state’s own pages describe help for people traveling to New York.
Frequently asked questions
Is abortion legal in NY in 2026?
Yes. As of October 26, 2026, abortion remains legal in New York under the Reproductive Health Act and Public Health Law § 2599-bb, up to 24 weeks and later to protect the patient’s life or health or when the fetus is not viable.
Are abortions legal in New York for out-of-state patients?
Yes. The state’s pages describe help for people traveling to New York, including the Abortion Access Fund and lodging groups. Rules in the patient’s home state are a separate matter.
Does Medicaid pay for abortion in New York?
Medicaid may cover it. The state health department says abortion is a covered benefit and that Medicaid can cover the cost. Contact your plan or the Medicaid family planning page to confirm what applies to you.
Can New York abortion providers be extradited?
Not for a legally protected health activity while they are physically in New York. The 2023 shield law (S.1066B/A.1709B) blocks extradition on those charges and bars state and local employees from aiding out-of-state investigations.
Can a minor get an abortion in New York without telling a parent?
The state health pages say providers cannot share information with the parent of a minor patient without permission. They do not spell out consent rules, so a minor with questions should ask a provider or a New York-licensed attorney.
Is telehealth abortion available in New York?
Yes. NYC Health + Hospitals offers medication abortion by telehealth to clinically eligible patients in New York City up to 10 weeks of pregnancy. Other New York providers may also offer virtual visits, so ask your own clinic.
What changed on this page
- October 26, 2026: first publication, checked against Public Health Law §§ 2599-aa and 2599-bb, Chapter 1 of the Laws of 2019, NY Department of Health cost guidance and NYC Health + Hospitals telehealth announcement. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For care and coverage questions, contact your provider, NY State of Health or the New York State Department of Health. For a legal question, talk to a New York-licensed health care or criminal defense attorney. The New York State Bar Association lawyer referral service can help you find one. More topics are in our health and reproductive rights section.