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In Nebraska

After Roe, abortion will be sometimes legal. Hear from Nebraska Family Alliance about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.

After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

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THE BIG QUESTION

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Nebraska will still allow abortions, but with significant restrictions. Read more about them below.

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WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

Once Roe is overturned, abortion will still be legal in Nebraska up to 20 weeks. Our top policy priority is to advance the culture of life by providing legal protection from abortion to every child from the moment of conception.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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

Nebraska has established the following limits on abortion:

 

Ban after the point where a fetus is considered viable. Neb. Rev. Stat. § 28-329.

Ban after 20 weeks. Neb. Rev. Stat. § 28-3,106.

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


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

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.

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

There are no exceptions to the 20-week ban. Neb. Rev. Stat. § 28-3,106.


Penalties for performing an illegal abortion

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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 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.

Violations of partial-birth ban are a Class III felony. Neb. Rev. Stat. § 28-328.


Enforcement

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

Yes: 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.


Special standards of care

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

Yes. All reasonable precautions compatible with preserving the life and health of the mother must be taken to ensure the protection of the unborn child. Neb. Rev. Stat. § 28-330.


Protecting Fundamental Rights

Parents

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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. 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.


Medical professionals

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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.


Babies Born Alive

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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.


Safety & Health of Women

Physician-only requirement

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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. §28-326(8), 335.


Informed consent

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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.


Waiting period

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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.


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