Nebraska Abortion Laws
By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 31, 2024
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Abortion is legal in Nebraska until the 12th week of pregnancy. After that, abortion is legal only in cases involving a medical emergency or where the pregnancy resulted from sexual assault or incest.
Nebraska Abortion Laws After Dobbs
In June 2022, the U.S. Supreme Court ended the federal constitutional right to abortion in Dobbs v. Jackson Women's Health Organization. The Court overturned Roe v. Wade, the 1973 case that held that federal privacy rights included the right to decide whether to terminate a pregnancy. The Court's decision in Dobbs returned the power to states to regulate or ban abortion.
Over the decades since Roe, the Nebraska Legislature has passed several abortion restrictions. In 2023, Nebraska lawmakers enacted a 12-week abortion ban. The law has exceptions in cases that involve a medical emergency or where the pregnancy results from sexual assault or incest. The definition of abortion does not include:
- The removal of an ectopic pregnancy
- The removal of the remains of a fetus that has already died
- An act done to save the life or preserve the health of the fetus
- The accidental or nonintentional termination of the life of the fetus, or
- The termination or loss of life of a fetus or preborn child (not carried inside a woman's body) during in vitro fertilization (IVF) or another assisted reproductive technology (ART)
The law doesn't clearly provide criminal penalties for health care providers involved in violating the 12-week ban. But it does make such a violation an issue for professional discipline. The pregnant woman cannot face criminal charges or other penalties for a violation.
Despite the new 12-week ban, providers of abortion services still operate in Nebraska. For example, Planned Parenthood operates clinics in Omaha and Lincoln.
Shortly after Gov. Jim Pillen signed the 2023 law, abortion providers filed a legal challenge to it. A key argument they raised claims that the legislature violated the single-subject rule for state legislation. Lawmakers joined the abortion ban with another banning gender-affirming care for minors who identified as transgender. However, in July 2024, the Nebraska Supreme Court upheld the law, ruling that it does not violate the single-subject rule of the Nebraska Constitution.
A History of Abortion Restrictions
Nebraska retains several more abortion prohibitions and restrictions. It does not necessarily repeal an old law when it passes a new one. For example, separate statutes ban abortion after 20 weeks and after the fetus reaches viability. These laws provide explicit criminal penalties for physicians who perform unlawful abortions.
Nebraskans who seek abortion services must also get mandated counseling and wait 24 hours before the procedure. In most circumstances, a minor requesting an abortion must have parental consent. If not, they must get a judge's approval that they can decide without consent.
Only licensed physicians can perform an abortion or provide abortion services. State law requires the physician to be in the same room as the patient. This law seeks to ban telehealth services used in cases involving abortion medication.
Dueling Ballot Issues in 2024
Since the Dobbs decision, several states have voted on ballot measures to protect abortion rights or ban abortion services.
In Kansas voters rejected an amendment in 2022 to the state constitution that would have removed abortion rights. Since then, voters in Michigan, Ohio, California, and other states have protected the right to abortion in their state constitutions or rejected laws to limit reproductive rights.
In 2024, two groups have turned in enough signatures to place dueling abortion proposals on the November ballot in Nebraska. Two activist groups submitted the necessary number of petition signatures to the Secretary of State's office in July 2024. The groups are reproductive rights coalition Protect Our Rights and the anti-abortion coalition called Protect Women and Children.
Protect Our Rights seeks to replace Nebraska's 12-week abortion ban by passing a constitutional amendment that permits abortion until fetal viability (about 24 weeks of pregnancy) with exceptions beyond that time frame when necessary to protect the life or health of the pregnant patient.
In contrast, Protect Women and Children seeks to place language like the state's 12-week abortion ban in the state constitution. The ballot language says that except when a woman seeks an abortion due to a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters of pregnancy.
By September 2024, the Secretary of State must verify the signatures and certify any qualifying measures for the November 2024 ballot. If both issues make the ballot, the measure with the most votes may become state law.
Nebraska Abortion Laws: Overview
Nebraska state laws protect persons and facilities that choose not to engage in abortion services. Most states have similar laws that permit health care workers to opt out of abortion care or treatment.
The following chart contains details of Nebraska's abortion laws, with links to related sources. For more articles, see FindLaw's Abortion section.
| Relevant Nebraska abortion laws Nebraska statutes |
|
|---|---|
| When is abortion legal? | Abortion is legal in Nebraska until the 12th week of pregnancy. At 12 weeks, abortion is prohibited except in cases of medical emergency or pregnancies from sexual assault or incest. A medical emergency means any condition that so complicates the medical condition of a pregnant patient that would necessitate the termination of the pregnancy to avert her death or to avoid a serious risk of substantial and irreversible physical impairment of a major bodily function of the patient. Consent requirements Adults: A physician must get informed and voluntary consent from a patient at least 24 hours before the procedure. Minors: A physician must get informed and voluntary consent from the patient and a parent or guardian before providing abortion services to a minor. If a pregnant minor elects not to get such consent from their parents, they may petition a judge to permit a waiver of this rule. Adults with guardians: In the case of an incompetent adult, a physician must get informed and voluntary consent from a legal guardian. |
| Penalty for unlawful abortion | For performing an unlawful abortion after 20 weeks of pregnancy or after viability, a physician can face charges for a Class IV Felony. A non-physician who performs an abortion also commits a Class IV Felony. The pregnant patient can't get charged for any involvement in an abortion performed on her. A Class IV felony offense is punishable by up to two years in prison, a fine of up to $10,000, or both. See Section 28-105. There are also civil penalties and causes of action under the various statutes. |
| Residency requirements for patients | None. |
| Waiting period | Except in emergencies, an abortion provider must have voluntary and informed consent from the patient and provide access to state-published materials on risks and options at least 24 hours before an abortion. If the provider performs an ultrasound as part of the procedure, they must permit the patient to view the ultrasound before the procedure. |
| Is medication abortion available? | Yes. Before the 12th week of pregnancy, a patient may access abortion medication from a licensed physician. But, any appointments related to the inducement of the abortion must include the physical presence of the physician in the same room as the patient. |
| Physician licensing requirements | Only a licensed physician can engage in abortion services in Nebraska. |
| Insurance coverage | Generally, you can't use state funds for abortion services. Health insurance policies under the ACA may cover abortion only when there is danger to the woman's life (a person may buy an optional rider for general abortion coverage). |
Note: State laws may change at any time through various avenues, including enacting newly signed legislation and decisions from higher courts (including federal courts). Contact a Nebraska health care attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
How Does Nebraska Compare With Other States?
Abortion access divides states. Many have passed laws so restrictive that only a handful of abortion clinics operate within their borders. Other states with more permissive abortion laws may focus their laws on maintaining safe clinics and procedures.
Practical access to abortion differs quite a bit from one state to the next. Nebraska abortion laws are more restrictive than most states.
The Nebraska State Legislature is one body. Legislators are senators. Although officially nonpartisan, the majority of senators belong to the State Republican Party which generally supports abortion restrictions. Current Gov. Jim Pillen is also a Republican who supports the 12-week abortion ban.
Since the Dobbs decision, some 16 states have enacted near-total abortion bans. Other states, like Nebraska, limit abortion access at 12 or 15 weeks of pregnancy.
In contrast, abortion remains legal at least until fetal viability in the majority of states. In Colorado and six other states, abortion is legal at all stages of a pregnancy.
A Note About Medication Abortion
n a recent study, medication abortion accounted for some 63% of all abortions in the U.S.
According to the Food and Drug Administration (FDA), safe use of the two-drug abortion pill regimen must happen in the first 10 weeks of pregnancy.
In 2022, physicians opposed to abortion filed a federal lawsuit seeking to overturn FDA approval of mifepristone. It's one of the two drugs used in medication abortions. The suit also sought to roll back rule changes made by the FDA. Those changes allowed telehealth services and delivery of the drug through the mail to patients.
The Supreme Court intervened in the court case and later dismissed the claims. The Court found that the physicians did not have standing to challenge the FDA's actions. This was becuases they did not perform abortions or prescribe abortion pills. As a result, patients can continue to access medication abortion services nationwide for now. Still, states that have banned abortions may bring a similar challenge in the future.
Research the Law
- Nebraska Law
- Nebraska Legal Research
- Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
Nebraska Abortion Laws: Related Resources
- Planned Parenthood of the Heartland v. Hilgers
- Reproductive Rights Overview
- Abortion Laws
- Nebraska Adoption Laws
Questions About Nebraska Abortion Laws? Ask an Attorney
Deciding whether to end a pregnancy is a very personal and difficult process. A pregnant person may face conflicting views in their family or support system. The need to get accurate information on legal options and local abortion providers is key.
If you need more information or clarification about Nebraska's abortion laws, speak with an experienced attorney who knows this area of the law. You can talk to a health care law attorney near you.
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