Abortion and New York State Law

New York State Penal Law Art. 125 identifies abortion as homicide unless it is a "justifiable abortion act" defined as performed on a female with her consent by a licensed physician acting under a reasonable belief that such is needed to preserve her life or within 24 weeks from the commencement of the pregnancy. Abortion in the first degree is a class D felony, while abortion second degree is a Class B misdemeanor (Article 125à, 2002).

As of 2002, the Legislature is considering bills on abortion rights. A0364 (sponsored by Young) proposed that women should be given a 24-hour waiting time between a request for legal abortion and the abortion itself (Bill Summary ûA03684. 2002). A02826 (sponsored by Kirwan) seeks to restrict public assistance payment for "partial birth abortion" (Bill Summary û A0286, 2002). A07655 (sponsored by Kirwan) seeks to limit public financing of abortions and related medical expenses only when the medical assistance was determined to be necessary to preserve the life of the mother (Bill Summary- A07655, 2002).

In New York State, parents appearing in Family Court have the right to appeal a judge's decision regarding minor childre

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assistance to adoptive and foster care parents in the State through 150 volunteer groups. Recently, in the case of a New York State victim of domestic violence whose children were taken away after her victimization, a New York City judge ruled the State can no longer take children away from mothers whose only "crime" is being battered or abused (Lombardi, 2002). The decision has the potential to change the ways in which Child Protective Services remove children from homes and place them in foster care. Child Services The New York Civil Liberties Union (2002) described the rights of minors to confidential reproductive care, including rights to informed consent, and confidential reproductive services including abortion, contraceptive care and counseling, pregnancy tests/options counseling, prenatal care, STD and HIV/AIDS testing/treatment, and mental health counseling. These rights are protected by statute. The New York State Office of Children and Family Services (2002) was created to improve the integration of services for children, youth and families. It administers numerous programs serving children and protecting their rights, including rights related to adoption, foster care, education, freedom from abuse, and day care
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