New York Criminal Attorney: NY Criminal Defense – Bukh Law Firm

Abortion Laws in New York State

Mets vs. Yankees. Subway vs. Bus. Upper East Side vs. Queens. Pro-life vs. Pro-choice.

The number of topics that can start an argument in New York City is unlimited. Possibly none as much as the subject of abortion.

Despite New York abortion laws being less restrictive than many states, the state does have some abortion restrictions.

Statutory Limitations

Statutory Definition of Illegal Abortion (New York abortion laws are found in Penal Code 125 and Public Health Code $4164)

(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 life

Penalty for Unlawful Abortion

If not justifiable abortion act and after 24 wks., Class E or D felony;

if the woman dies from the act, Class B felony;

self-abortion or issuing abortion articles, Class B or A misdemeanor

Physician Licensing Requirements

Licensed M.D.; after 12th wk., must be in the hospital on an in-patient basis.

After 20th wk., 2nd M.D. must be present to handle medical care for any live birth


Despite not having many obstacles to ending a pregnancy, New York does have some. If you select to get a tubal ligation, you will have to have the approval of your partner, or your parents if under 18. While there is no ‘cooling off’ time in New York, there are some fundamental conditions that the U.S. Supreme Court has not revoked.

Mother Dies

Abortion is illegal if the mother dies due to the procedure. The target of his law is mainly physicians who perform abortions. The state legislature aims to ensure tubal ligation are as medically-safe as practicable.

Following the Initial Twenty-Four-Weeks

Abortions are unlawful if they happen following the first twenty-four weeks of gestation. One of the reasons for this is to maintain a parity linking the mother’s safety and providing her time to weigh her options.

Medications That Trigger a Miscarriage

In New York, it is illegal to dispense medications with the intention to induce a miscarriage. The same applies for self-administered drugs or medication.

Saving Mom’s Life

Even if further along than the six-month window for an abortion, New York permits a mother to get a  tubal ligation if ending the pregnancy is needed to save the mother’s life.


To learn more about the penalties and options, numerous health care attorneys are available to help. A private criminal defense lawyer will be able to tell you the punishments for infringing the state’s abortion laws.