In Nebraska

If my state won’t ban all abortions, what are the limits to abortion?

Nebraska has established the following limits on abortion:

Ban after 12 weeks. L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023)

Ban on partial-birth abortion. Neb. Rev. Stat. § 28-328.

Ban after 20 weeks. Neb. Rev. Stat. § 28-3,106 and after the point where a fetus is considered viable. Neb. Rev. Stat. § 28-329. However, these provisions have become unnecessary in light of Nebraska’s 12-week abortion ban.

Are there any exceptions to those limitations placed on abortion?

The 12-week ban contains exceptions for medical emergencies and pregnancies from rape or incest L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023).

The partial-birth ban includes an exception for when the abortion is necessary to preserve the mother’s life or health. Neb. Rev. Stat. § 28-328

The post-viability ban includes an exception for when the abortion is necessary to preserve the mother’s life or health. Neb. Rev. Stat. § 28-329.and there are no exceptions to the 20-week ban, Neb. Rev. Stat. § 28-3,106. However, these provisions have become unnecessary in light of Nebraska’s 12-week abortion ban.

What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the 12-week ban include discipline, denial, or refused renewal of a license to practice medicine and sanctions, civil penalties, and suspension for unprofessional conduct L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023).

Violations of partial-birth ban are a Class III felony. Neb. Rev. Stat. § 28-328 punishable as unprofessional conduct L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023).

Violations of the post-viability ban are considered a Class IV felony. Neb. Rev. Stat. § 28-332, violations of the 20-week ban are a Class IV felony. Neb. Rev. Stat. § 28-3,108. However these provisions have become unnecessary in light of Nebraska’s 12-week abortion ban.

When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The 12-week abortion ban does not have an enforcement mechanism.

However, the parents or husband of the mother may bring a civil suit for damages against the physician for a violation of the 20-week ban. The mother, her parents, her husband, her siblings, her other health-care providers, or the state attorney general may also file for injunctive relief blocking the abortion provider from providing future abortion care after 20 weeks. Neb. Rev. Stat. § 28-3,109. The mother, father, or maternal grandparents may also raise of cause of action for injunctive relief for the performance of a dismemberment abortion. Neb. Rev. Stat. Ann. § 28-347.01.

Does my state impose a special medical standard of care on abortion providers?

Yes. Pre-viability abortions must be performed with all reasonable precautions compatible with preserving the life and health of the mother to ensure the protection of the unborn child. Neb. Rev. Stat. § 28-330 However, this provision has become largely obsolete due to Nebraska’s 12-week abortion ban.

Does my state give parents the right to consent for their child to get an abortion?

Yes, one parent and the mother must provide notarized consent for L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023). (Referencing Neb. Rev. Stat. § 71-6902).

Exception: The physician may accept notarized consent from a grandparent if the mother declares she is a victim of sexual abuse. Neb. Rev. Stat. §§ 71-6902.01.

This state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent Neb. Rev. Stat. Ann. § 71-6903.

Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes. Nebraska has established conscience rights protections for hospitals and other healthcare facilities as well as individuals. Neb. Rev. Stat. Ann. § 28-337 and 338.

Are there legal protections for babies born alive following a botched abortion in my state?

Yes, Nebraska law requires the attending physician to employ all reasonable steps to preserve the life of the child. Neb. Rev. Stat. Ann. § 28-331.

Does an abortion have to be provided by a licensed physician in my state?

Yes: A physician must be licensed to practice medicine in the state in order to perform an abortion. Neb. Rev. Stat. §28-335.

Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: Counseling is required. Neb. Rev. Stat. § 28-327.

Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes: A 24-hour mandatory delay after completion of the counseling is required. Neb. Rev. Stat. § 28-327.