Nebraska Abortion Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated December 22, 2022
Summary
Abortion is legal in Nebraska through viability. Thereafter, abortion is legal only if necessary to protect or preserve the life of the mother.
Introduction
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned the power to states to regulate, even prohibit, abortion. Nebraska prohibits most abortions after the unborn child is capable of feeling pain (defined as 20 weeks post-fertilization).
States have been starkly divided over abortion access, as many states have passed laws so restrictive that only a handful of abortion clinics operate within their borders or have instituted waiting periods and other obstacles. Other states with more permissive abortion laws 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: Overview
The following chart contains details of abortion laws in Nebraska, with links to related sources. See FindLaw's Abortion section for additional articles.
| Code Section | 28-3,102 - 28-3,111 |
| Statutory Definition of Illegal Abortion | Act, procedure, device, or prescription administered to a woman to produce premature expulsion, removal, or termination of the human life within the womb of the pregnant woman unless the child's viability is threatened by continuation of the pregnancy |
| Statutory Definition of Legal Abortion | Before 20 weeks post-fertilization |
| Penalty for Unlawful Abortion | Class IV Felony: M.D. who performs abortion in violation of any standards (mother can't be charged) |
| Consent Requirements | Unemancipated woman under 18 yrs. old or incompetent requires at least 48 hr. written notice to a parent or guardian by delivery or certified mail; court may waive requirements if find woman is mature; parent may authorize abortion in writing |
| Waiting Period | Voluntary and informed consent of woman 24 hours before abortion, except in emergency (woman must receive state-directed counseling on abortion and other options at least 24 hours prior to the procedure) |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D. |
| Insurance Coverage | Health insurance policies under the ACA may cover abortion only when the woman's life is endangered (optional rider may be purchased for general abortion coverage) |
Note: State laws may change at any time through a variety of avenues, including the enactment of newly signed legislation and decisions from higher courts. You may want to contact a Nebraska health care attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Nebraska Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Nebraska Abortion Laws: Related Resources
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