FACT CHECK: Does New York Allow Abortion Up To 28 Days After Birth?

Elias Atienza | Senior Reporter

A post shared on Facebook purports a recently-passed law in New York allows abortion up to 28 days following an infant’s birth.

Verdict: False

No such bill has been passed. A spokesperson for the New York Department of Health denied the claim.

Fact Check:

Several states have restricted access to abortion following the Supreme Court’s ruling on Dobbs V. Jackson, according to The New York Times. New York activists are looking to increase access to abortion for individuals out of state, which has resulted in state lawmakers passing bills protecting providers, the outlet reported.

The Facebook post claims New York “just passed a bill allowing “abortion” up to 28 days after birth. (RELATED: No, JK Rowling Did Not Publish This Tweet About Abortions)

There is no evidence that New York passed such a bill. Check Your Fact reviewed the New York state legislature’s website and did not find any active bills or press releases expanding the duration of when one can receive the procedure. There are likewise no credible news reports suggesting a law has been passed.

“This is unequivocally false and people spreading this type of misinformation are irresponsible,” Jeffrey Hammond, the deputy director of communications for the New York Department of Health, told Check Your Fact via email.

A spokesperson for the Guttmacher Institute, a pro-abortion rights research think tank, told Check Your Fact that “there is no such law and the NY legislature is not in session right now.”

New York allows abortion up to 24 weeks for any reason, or past that point if a person’s “health or pregnancy is at risk,” according to the New York Department of Health website. New York’s Reproduction Health Law, passed in 2019, does not state anywhere that abortion is allowed 28 days after birth.

This is not the first time abortion has prompted misinformation on social media. Check Your Fact recently debunked a claim suggesting the video game “Saints Row” featured a pro-abortion message when a user tried to quit any missions.

Elias Atienza

Senior Reporter
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