State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Nebraska bans abortion at 12 weeks LMP, with the ban enshrined in the state constitution since November 2024.
Neb. Const. Art. I, § 31 · Neb. Rev. Stat. § 71-6915 · Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217 (2024)
Nebraska's law is internally contradictory regarding fetal personhood, though the contradictions are partially managed by express statutory exemptions. The wrongful-death statute (§ 30-809) defines 'person' to include 'an unborn child in utero at any stage of gestation' — meaning a fetus at conception has the legal standing of a person for civil damages purposes. The fetal-homicide laws (§§ 28-391 to 28-394) treat the killing of an unborn child as murder or manslaughter.
Neb. Rev. Stat. § 28-391(1) · Neb. Const. Art. I, § 31
A minor under 18 must obtain notarized written consent from one parent or guardian, or obtain a judicial bypass, before an abortion can be performed.
Nebraska has no statute on the books requiring spousal or paternal consent or notice for an abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician — 12-week ban violation | Unlawful abortion under Preborn Child Protection Act (§ 71-6915) | Automatic license revocation under Uniform Credentialing Act (§ 38-193(2)). Not independently criminal (AG Opinion No. 2934). |
| Physician — 20-week ban violation | Intentional or reckless abortion after 20 weeks post-fertilization (§ 28-3,106) | Class IV felony: max 2 years imprisonment, $10,000 fine, or both; no mandatory minimum (§ 28-105). |
| Physician — D&E ban violation | Intentional and knowing dismemberment abortion (§ 28-347) | Class IV felony: max 2 years imprisonment, $10,000 fine (§ 28-347.04). |
| Physician — partial-birth abortion | Intentional and knowing partial-birth abortion (§ 28-328) | Class III felony: max 4 years imprisonment, $25,000 fine; automatic license suspension and revocation (§ 28-328(2), (4)). Statute held unconstitutional in Stenberg v. Carhart (2000); federal 18 U.S.C. |
| Non-physician performing abortion | Performing abortion by person other than licensed physician (§ 28-335(1)) | Class IV felony: max 2 years imprisonment, $10,000 fine. |
Protect Our Rights 2026 Ballot Initiative
Ballot measure · Petition circulation underway as of July 2026; signature deadline was July 3, 2026; status of qualification not yet confirmed in search results but campaign active as of late June 2026.
If qualified and approved, would amend the Nebraska Constitution to establish a fundamental right to abortion, potentially overriding the 12-week ban in Art. I-31.
LB 1109 — Fatal Fetal Anomaly Exception
Legislation · Introduced in the 2025-2026 legislative session; not yet enacted.
Would add a fatal fetal anomaly exception to the Preborn Child Protection Act, allowing abortion after 12 weeks when the fetus has a condition incompatible with life.
LB 632 — Abortion Remains Disposition Requirement
Legislation · Advanced through first round of debate in 2025 session; stalled as session ended; could be revived.
Would require health care facilities to dispose of remains from procedural abortions by cremation or burial. Imposes additional regulatory burden on abortion providers.
Constitutional provision adopted November 2024 that enshrines the 12-week abortion ban with exceptions for medical emergency, rape, and incest.
The primary operative gestational ban: prohibits abortion at 12 or more weeks with exceptions for medical emergency, sexual assault, and incest.
Comprehensive informed consent statute requiring 24-hour waiting period, state-scripted counseling, ultrasound protocols, and risk-factor evaluation.
Makes it a Class IV felony for anyone other than a licensed physician to perform an abortion and requires the physician to be physically present in the same room — the statute that bans telehealth for abortion.
Method-specific ban on dilation and evacuation abortion at any stage of pregnancy, with medical emergency exception. Class IV felony.
Generated from the structured legal focused deep-research record for NE (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Nebraska survey. This document has not been reviewed by a lawyer and should not be used as legal advice.