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5 years ago

924 words

To: Daniel Dromm

From: Emily Yeung

Date: January 12, 2018

Re: Revised Policy for Abortion Requirements in New York State

 

Statement of Issue:

In New York State, all abortions are illegal and cannot be performed after 24 weeks of pregnancy, even if the mother discovers a lethal condition about her fetus after the 24-week period or if the pregnancy places her life at risk. She is then required, by law, to carry and deliver the unviable fetus to full term with the knowledge that her infant will not survive much longer past birth or knowing that the pregnancy is causing her great harm. Every year, 133,000 expecting mothers in the United States will receive poor pre-natal diagnosis, meaning that her infant has either a chromosomal abnormality or a severe defect in organ formation that significantly lowers the quality of life and increases complications after birth. Therefore, there should be exceptions to this 24-week requirement.

  • Gestation-based abortion policies are not pro-life. They do not take into consideration lethal conditions that are discovered after the 24-week period nor do they take into consideration the amount of harm associated with certain pregnancies.
  • This causes undue physical, mental, and emotional stress on the mother to have to deliver the fetus to full term. 11,300 newborns die on the day they were born and many others die months from birth.
  • Women in the United States travel on average, 11 miles for an abortion in another state and 20% travel more than 43 miles for the abortion. Those who live in rural states may travel more than 180 miles. They are forced to undergo these invasive procedures at unfamiliar environments.

 

Policy Options:

  • A state mandate allowing for exceptions to the 24-week pregnancy period would require expecting mothers to provide evidence of either great harm imposed on their health due to the pregnancy or evidence of an unviable pregnancy. Such evidence could consist of consultations with obstetricians, gynecologists, primary care providers, or other medical professionals. This could also include reports from genetic testing or results from other appropriate laboratory tests.
    • Advantages: Increases the autonomy of expecting mothers and allows for them to have a say in not wanting to carry an unviable fetus to full term. Mitigates the physical, emotional, and mental stress and grief should expecting mothers decide to terminate risky or unviable pregnancies. Allows expecting mothers to receive abortions in their own home states, rather than having to travel miles to another state. Money spent on abortions would contribute to the economy of their own sates rather than other states.
    • Disadvantages: Increases discrepancies between states across the United States. Increases the opportunity for those who are not in great harm from their pregnancies or those in viable pregnancies to argue for abortion after 24 weeks due to freedom of choice. Mixed support from OBGYNs, who will have to define what “great harm” or “unviable” consists of.
  • This state mandate’s exceptions need to be applicable and relevant in medical practice. Physicians should not have to worry about risking imprisonment from committing a felony. Their verdicts of great harm or unviability should not be challenged.
    • Advantages: Encourages physicians to conduct more abortions in New York State. Provides expecting mothers with safer and more familiar environments to receive abortion. Family members are more likely to accompany the patient since they would not have to travel to other states. Patients are able to get an abortion in a timelier manner in addition to lowering financial costs.
    • Disadvantages: Increases the risk of mothers dying from abortions depending on how much further than 24 weeks the abortion procedure is done. Increases the risk of filing lawsuits against individual physicians or hospitals or other medical facilities. May result in debates or challenges to what is considered harmful or unviable.
  • This state mandate allows expecting mothers to have more protection without federal involvement. Discretion is left to New York State legislature and will be less likely to be influence even with conservative changes to the federal government.
    • Advantages: Expecting mothers have the right to protect their own health in the case of risky pregnancies. They should also be offered a more merciful method of ending an unviable pregnancy rather than having to carry their fetus to full term. Decreased federal involvement.
    • Disadvantages: State insurances may have restrictions on abortion coverage depending on gestation time. They may have to implement changes to their policies, which may take time. May result in increases in premiums.

 

Policy Recommendation:

Even though New York State does not have as many barriers as other, more conservative states when it comes to abortion policies and requirements, several aspects are still in need of reform. Expecting mothers should have the choice to abort their pregnancy should they experience great risk or harm from that pregnancy or if it is deemed unviable by medical professionals. A federal mandate permitting such exceptions to the 24-week gestation period allows for decreased restrictions and provides care in the state in which these patients reside in. There will no longer be a need to travel to other states, in some cases, over 40 miles to receive such services. While this option opens the discussion to what is defined as “great risk or harm” or “unviable,” women should have the choice not to carry their fetuses to full term.

 

Sources:

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