{"id":374760,"date":"2016-03-31T21:35:54","date_gmt":"2016-04-01T02:35:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nevada-law\/nevada-abortion-laws.html"},"modified":"2024-09-24T10:35:41","modified_gmt":"2024-09-24T15:35:41","slug":"nevada-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nevada-law\/nevada-abortion-laws.html","title":{"rendered":"Nevada Abortion Laws"},"content":{"rendered":"\n
\n \n
\n

Nevada Abortion Laws<\/h1>\n
\n
\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is legal in Nevada through the first 24 weeks of pregnancy. After that, abortion is legal only if a physician finds that it is necessary to preserve the life or the health of the pregnant woman.<\/p>\r\n

Nevada Abortion Law After <\/b>Dobbs<\/i><\/h2>\r\n

In June 2022, the U.S. Supreme Court overruled Roe v. Wade<\/i><\/a> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>. The Court’s 6-3 majority found that Roe<\/i> was wrongly decided and that the individual right to privacy under the U.S. Constitution does not extend to the decision to have an abortion. In Dobbs<\/i>, the Court overturned decades of case law, eliminating a federal right and returning to the states the ability to regulate and ban abortion throughout pregnancy.<\/p>\r\n

The Supreme Court’s decision did not have any immediate impact in Nevada, where state law protected the right to abortion. In 1990, Nevada voters approved the Freedom of Choice Act. That law upheld a Nevadan’s right to have an abortion even after the overturning of the Court’s 1973 Roe<\/i> decision.<\/p>\r\n

Under the act, abortion remains legal through the first 24 weeks of pregnancy. A physician must provide written findings in a patient’s record for later abortion. This must include the basis for their clinical judgment that continued pregnancy would "endanger the life of the patient or would gravely impair the physical or mental health of the patient."<\/p>\r\n

The Nevada Trust Women Act<\/h2>\r\n

In 2019, former Democratic Nevada Gov. Steve Sisolak signed the Nevada Trust Women Act. This law dropped some of the more burdensome restrictions<\/a> in the state’s informed consent law. It also removed a criminal penalty for people who supplied a person with a medication or instrument that resulted in an abortion.<\/p>\r\n

In 2023, the Nevada legislature passed, and current Republican Nevada Gov. Joe Lombardo signed into law Senate Bill 131<\/a>. The law included provisions to "shield" out-of-state residents who come to Nevada for abortion and health care services that are legal in Nevada but may be illegal in their home states.<\/p>\r\n

Reproductive Health Care Referendum<\/h2>\r\n

The state of Nevada will see a ballot referendum<\/a> in November 2024 that will allow voters to decide whether to amend the state constitution to protect abortion rights.<\/p>\r\n

Nevadans for Reproductive Freedom, the group behind the effort, turned in more than the required signatures on petitions to place the measure on the ballot. Under state law, the referendum must appear in two subsequent elections (2024 and 2026) to become part of the state constitution.<\/p>\r\n

Nevada Right to Life, the group opposing the measure, will work to convince voters that the referendum is not needed and may lead to an increase in dangerous late-term abortions.<\/p>\r\n

Nevada Abortion Laws: Chart<\/h2>\r\n

Learn more about Nevada abortion laws in the following table. See FindLaw’s Reproductive Rights<\/a> section for more articles and resources on abortion, contraception, and birth control.<\/p>\r\n\r\n
Relevant Nevada abortion laws<\/th>\r\n

Nevada Revised Statutes (NRS)<\/b><\/p>\r\n

Title 40 \u2014 Public Health and Safety, Chapter 442 \u2014 Maternal and Child Health; Abortion<\/p>\r\n

When is abortion legal?<\/th>\r\nAbortion is legal in Nevada through the first 24 weeks of pregnancy. After, abortion is legal only if a physician finds it necessary to preserve the life or the health of the pregnant woman.<\/td>\r\n<\/tr>
Consent requirements<\/th>\r\n

Adult:<\/b> Except in cases of medical emergency, the physician must get the informed written consent of the pregnant patient. There are no waiting periods.<\/p>\r\n

Minor:<\/b> Except in cases of medical emergency, if the pregnant patient is under 18, unemancipated, and unmarried, the physician must get informed consent from the patient and provide notice to a custodial parent or guardian before the procedure. The patient can seek a waiver of the notice provision before a court.  <\/p>\r\n<\/td>\r\n<\/tr>

Penalty for unlawful abortion<\/th>\r\nA violation of NRS Sections 442.252 to 442.256 is a misdemeanor offense, punishable by up to 6 months in jail and a $1,000 fine. If abortion results in the birth of a live infant and the physician fails to take appropriate steps to preserve the infant’s life, they may face civil liability for malpractice, wrongful death, and criminal penalties. <\/td>\r\n<\/tr>
Is medication abortion available?<\/th>\r\n

Yes. Medication abortion services are available in Nevada. <\/p>\r\n<\/td>\r\n<\/tr>

Residency requirements for patients<\/th>\r\nNone.<\/td>\r\n<\/tr>
Physician licensing requirements<\/th>\r\nOnly licensed physicians may provide abortion services. After the 24th week of pregnancy, the abortion must take place in a licensed hospital, and records must contain facts on which the physician based the decision that continued pregnancy would endanger the life or health of the patient.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing. Contact a Nevada <\/i>health care law attorney<\/i><\/a> or conduct your own legal research to verify any state laws you are reviewing.<\/i><\/p>\r\n

How Does Nevada Compare With Other States?<\/h2>\r\n

Nevada abortion laws are less restrictive than in several states. With abortion legal through the first 24 weeks of pregnancy, Nevada falls in line with other American states like California that do not limit abortion access until fetal viability.<\/p>\r\n

Some 18 states severely restrict or ban abortion in most instances. A handful of additional state abortion bans begin at 12 or 15 weeks. Neighboring Utah bans abortion at 18 weeks of pregnancy.<\/p>\r\n

Medication Abortion<\/h2>\r\n

In 2022, abortion opponents filed a challenge in federal court that had the potential to upend federal regulations related to medication abortion<\/a>.<\/p>\r\n

The Food and Drug Administration (FDA) approved the use of the drug mifepristone in 2000 as part of the common two-drug abortion pill regimen. In the years that followed, the FDA expanded access to the drug, including using telehealth services and mailing prescriptions. Medication abortion, which takes place in the first 10-12 weeks of pregnancy, became the most commonly used method<\/a> of abortion in the U.S.<\/p>\r\n

In June 2024, the Supreme Court<\/a> ruled that the abortion opponents who filed the case, physicians who did not perform abortions or prescribe abortion pills, had no standing to object to the FDA’s actions. Its decision meant that medication abortion services will remain available for now. But, states with laws prohibiting abortion are likely to bring a similar challenge in the future.<\/p>\r\n

Research the Law<\/b><\/h2>\r\n