The Overturn of Roe v. Wade: What New York Residents Need to Know
Updated: Jul 7, 2022
On June 24, 2022, the Supreme Court overturned Roe v. Wade, eliminating the constitutional right to an abortion after almost 50 years. There is no longer constitutional protection for abortion rights, and that individual states are now free to make abortion illegal. In practice, this means that with Roe v. Wade overturned, an individual’s ability to access abortion services depends on the state where they live. In total, 26 states are certain or likely to ban abortion without the protection of Roe, according to the Guttmacher Institute (2021). Currently 13 states have trigger laws in place that will now go into motion to ban abortion. Washington D.C. and 16 states including New York have laws that protect the right to abortion, even with Roe-Wade being overturned, according to the Kaiser Family Foundation (2022). The news of Roe v. Wade being overturned has given rise to great controversies and heated debates on abortion rights in the US politics as well as internationally. We know this is a very contentious moment where both sides feel passionate about their view on abortion. Our job is to cover how this will affect New York residents and what resources out of state visitors coming for abortion here in New York can access.
The legal status of abortion in New York
New York State is expected to maintain the right to an abortion and is working to expand access to the procedure by requiring insurance to pay for it and increasing the number of abortion providers (New York Times, 2022). Abortion is protected by state law and legislators have proposed other protections, including an amendment to the State Constitution. In addition, New York City Mayor Eric Adams expresses support for abortion rights and welcomes out of state visitors coming for abortion here in New York. In the statement on Supreme Court’s decision to overturn Roe v. Wade, Mr. Adams said that “To all New Yorkers: I want to say that they can still access safe, legal abortions here in New York City. And to those seeking abortions around the country: Know that you are welcome here and that we will make every effort to ensure our reproductive services are available and readily accessible to you. This city will continue to respect, protect, and fulfill the core tenets of our fundamental rights to bodily autonomy and quality, critical, health care for those seeking access to an abortion” (The Official Website of the City of New York, 2022). According to the New York Times (2022), there are currently no abortion laws that attempt to prosecute women who cross state lines to seek the procedure, though the ruling drastically increased the distances many women will need to travel for an abortion.
New York’s current abortion policies:
New York women are protected for up to 24 weeks of pregnancy, or later if your health is at risk or your pregnancy will not survive. After 24 weeks this is considered special circumstances. The determination of this special circumstance is not made by the state, it is made by a woman’s medical provider.
State Medicaid funds cover abortion
Private health insurance plans are required to cover abortion
Qualified health care professionals, not solely physicians, can provide abortions
Protections for patients and abortion clinic staff
Below are a few resources specifically for out of state visitors coming for abortion here in New York. You may also visit NYC.gov for an additional list of resources.
Find an abortion provider
NYC Health + Hospitals facilities offer abortion care (termination of pregnancy) in the first and second trimester. Depending on various criteria, this can be done by medication or procedure. They are committed to providing a safe and supportive environment.
To make an appointment to receive detailed counseling about your options, including financial support, please call 1-844-NYC-4NYC.
Payment and support resources
Health insurance, including Medicaid, may cover the cost of an abortion. If you are pregnant, you may have special health insurance options. You may be eligible for New York State Medicaid to cover your abortion procedure. Pregnant New Yorkers can qualify for Medicaid at higher income levels. Call the NY State of Health Official Health Plan Marketplace at 855-355-5777 for more information.
If you need help paying for your appointment, visit New York Abortion Access Fund, or call its hotline at 212-252-4757 If you need help with travel or lodging costs related to your appointment:
Brigid Alliance provides help with travel expenses. You can make an appointment at one of their partner clinics to access this help.
Haven Coalition provides help with overnight lodging for those who have to travel to New York City for an abortion. You can make an appointment at one of their partner clinics.
Nash, Elizabeth. & Cross, Lauren. (October 2021). “26 States Are Certain or Likely to Ban Abortion Without Roe: Here’s Which Ones and Why,” The Guttmacher Institute. https://www.guttmacher.org/article/2021/10/26-states-are-certain-or-likely-ban-abortion-without-roe-heres-which-ones-and-why.
New York Times. (1 July 2022). “Tracking the States Where Abortion Is Now Banned,” https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html.
New York Times. (24 June 2022). “Is it legal for women to travel out of state for an abortion?,” https://www.nytimes.com/2022/06/24/us/abortion-travel-bans.html.
Sobel, Laurie. & Ramaswamy, Amrutha. (17 June 2022). “16 States and DC Have State Laws Protecting the Right to Abortion if Roe v. Wade is Overturned,” The Kaiser Family Foundation. https://www.kff.org/womens-health-policy/slide/16-states-and-dc-have-state-laws-protecting-the-right-to-abortion-if-roe-v-wade-is-overturned/.
The Official Website of the City of New York. (24 June 2022). “Mayor Adams' Statement on Supreme Court's Decision to Effectively Overturn Roe v. Wade,” https://www1.nyc.gov/office-of-the-mayor/news/434-22/mayor-adams-on-supreme-court-s-decision-effectively-overturn-roe-v-wade.