Nevada Abortion Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 22, 2022
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Summary
Abortion is legal in Nevada through 24 weeks. Thereafter, abortion is legal only if necessary to preserve the life or the health 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 to the states the power to regulate abortion. The abortion issue in Nevada has been largely settled law for decades, primarily because voters in 1990 approved the Freedom of Choice Act. That law upheld a Nevadan’s right to have an abortion even if the U.S. Supreme Court’s 1973 Roe v. Wade decision is overturned.
Learn more about Nevada abortion laws in the following table. See FindLaw's Reproductive Rights section for additional articles and resources.
| Code Section | Sections 442.240 to 270 |
| Statutory Definition of Illegal Abortion | Termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial support or to remove a dead fetus |
| Statutory Definition of Legal Abortion | Only within first 24 weeks of fertilization unless necessary to preserve life, health of mother |
| Penalty for Unlawful Abortion | Violation of notice or consent statutes: misdemeanor; failure to take steps to preserve life of infant: M.D. liable for malpractice and wrongful death |
| Consent Requirements | Informed consent of mother, certified by M.D.; if mother under 18, unemancipated and unmarried, actual notice to parent/guardian required before procedure unless immediately necessary to protect life, health of minor; if actual notice is unsuccessful, then M.D. must delay abortion until s/he has notified parent by certified mail; court may authorize abortion if mature or in minor's best interest |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D. who must exercise "best clinical judgment"; licensed hospital after 24th week and records of mother must contain facts upon which M.D. based decision that continued pregnancy would endanger life, health of mother |
Note: State laws are constantly changing -- contact a Nevada constitutional law attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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