Abhortion · State legal snapshot
12-week ban, constitutionalized. Nebraska bans abortion at 12 weeks LMP, with the ban enshrined in the state constitution since November 2024.
§ I · Gestational limit
│ Legal to 12 weeks LMP; post-12 ban in effect · measured from LMP · Neb. Rev. Stat. § 71-6915(2)(b)
§ II · Restriction inventory — 15 checked, 10 in force
◐12-week ban · LMPIn force
◐1 in-person visitIn force
◐Method ban · D&EIn force
◐Physician-only lawIn force
◐One-parent consentIn force
✓Telehealth prescribing banIn force
◐24-hour waiting periodIn force
●Spousal consent or noticeNone
●Abortion trafficking lawNone
◐Scripted counselingIn force
●Civil bounty (SB8-style)None
✓Private insurance restrictionIn force
◐Mandatory ultrasoundPerformed
○Pill-mailing banUnclear
●Self-managed abortion crimeNone
§ III · Access
Criminal exposure
Procedure
Coverage & interstate
Available now
Severely restricted
Pregnant person
Expressly exempt
Waiting period
24 hours
Medicaid
Hyde only
Medication · telehealth
Legal · telehealth barred
Self-managed
Not a crime
Compelled visits
1 in person
Private insurance
Restricted
Who may perform
Physicians only
Provider max penalty
Class IV felony, up to 2 years…
Minors
One-parent consent
Shield state
No
Mailing pills
Unclear
Fetal homicide law
Yes · abortion carved out
Judicial bypass
Available
Major pending change
Yes · see p. 2
✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable
§ IV · Where the line is drawn — governing authorities
Nebraska Constitution Article I-31, Neb. Const. Art. I, § 31 — Constitutional provision adopted November 2024 that enshrines the 12-week abortion ban…
■Preborn Child Protection Act, Neb. Rev. Stat. §§ 71-6914 to 71-6917 — The primary operative gestational ban: prohibits abortion at 12 or more weeks with…
■Informed Consent Law, Neb. Rev. Stat. § 28-327 — Comprehensive informed consent statute requiring 24-hour waiting period, state-scripted…
“Except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.”— Neb. Const. Art. I, § 31
Fetal personhood — how the contradiction is walled off
● Neb. Const. Art. I, § 31
“unborn children shall be protected from abortion in the second and third trimesters.”
No standalone personhood definition enacted
→
● Exempt · pregnant woman
Expressly exempt; no criminal exposure
● Carved out · abortion
Abortion is not chargeable under the homicide statutes.
✓ Reached · third parties
Fetal homicide recognized; mother exempt
Nebraska's law is internally contradictory regarding fetal personhood, though the contradictions are partially managed by express statutory exemptions. Wrongful death: Wrongful-death action for fetus; mother/provider exempt.
§ V · Criminal exposure by actor
●
Pregnant woman
Expressly exempt; no criminal exposure
✓
Physician
Class IV felony; license revocation
✓
Non-physician prescriber
Pharmacists not directly exposed
●
Helpers · funds
No specific helper liability; general…
●
Travel helpers
No travel-assistance prohibition
●
Civil bounty
No SB8-style civil bounty
✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical
Penalties on the books — top 5
§ VI · How the law got here ● court ■ statute ◆ executive / agency
U.S. Supreme Court decides Dobbs v. Jackson Women's Health Organization, overturning Roe v.
25 Apr 2023◆Nebraska Attorney General issues Opinion No.
22 May 2023■Governor Jim Pillen signs LB 574, the Preborn Child Protection Act, banning abortion at 12 weeks gestational age.
26 Jul 2024●Nebraska Supreme Court upholds LB 574 against single-subject constitutional challenge in Planned Parenthood of the…
28 Oct 2024◆DHHS issues Health Alert Network Advisory clarifying the Preborn Child Protection Act, confirming that no…
5 Nov 2024■Nebraska voters approve Initiative 434 (Protect Women and Children Constitutional Amendment), enshrining the 12-week…
6 Nov 2025◆Governor Pillen signs Executive Order No.
6 Jul 2026◆The Choose Life Now ballot initiative, which would have enacted a total abortion ban with fetal-personhood language,…
§ VII · Exceptions matrix
Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.
§ VIII · Interstate & helpers
✓ No shield law
No shield law; not a hostile interstate state
● Travel unrestricted
Travel for abortion permitted
✓ Telehealth prescribing barred
Telehealth abortion prohibited
○ Pill mailing unclear
Unclear; physical-presence requirement limits mailing
● Funding help protected
No funding-assistance prohibition
● Providing information
No liability for providing information
Interstate postureNebraska has enacted neither a shield law to protect abortion providers from out-of-state investigations nor a law targeting cross-border abortion activity.
§ IX · Who pays
Hyde-only coverage; Executive Order defunds…
Life
Hyde · federal
Rape
Hyde · federal
Incest
Hyde · federal
Beyond Hyde
Not covered
Elective abortion coverage banned; riders required
ACA exchange plans: no abortion coverage
✓State defunds abortion providers
§ X · Pending changes status and effect as recorded — no forecast
Protect Our Rights 2026 Ballot InitiativePetition circulation underway as of July 2026; signature deadline was July 3, 2026; status of qualification…
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. The…
LegislationLB 1109 — Fatal Fetal Anomaly ExceptionIntroduced 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.
LegislationLB 632 — Abortion Remains Disposition RequirementAdvanced 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.
LegislationLB 715 — Repeal Insurance Coverage ProhibitionsIntroduced 2025-2026 session; not enacted.
Would eliminate the prohibition on publicly funded insurance coverage for abortion and repeal the Mandate Opt-Out and Insurance Coverage Clarification Act. Would allow…
§ XI · Key authorities ● case ■ statute ◆ agency
■Nebraska Constitution Article I-31 Neb. Const. Art. I, § 31
■Preborn Child Protection Act Neb. Rev. Stat. §§ 71-6914 to 71-6917
■Informed Consent Law Neb. Rev. Stat. § 28-327
■Physician-Only and Physical-Presence Law Neb. Rev. Stat. § 28-335
■D&E/Dismemberment Abortion Ban Neb. Rev. Stat. §§ 28-347 to 28-347.04
■20-Week Post-Fertilization Ban Neb. Rev. Stat. §§ 28-3,106 to 28-3,108
■Mother Exemption (Preborn Child Protection Act) Neb. Rev. Stat. § 71-6917
■Parental Consent Law Neb. Rev. Stat. §§ 71-6901 to 71-6909
■Fetal Homicide Laws Neb. Rev. Stat. §§ 28-391 to 28-394
■Wrongful Death for Unborn Child Neb. Rev. Stat. § 30-809
■Insurance Coverage Restrictions Neb. Rev. Stat. § 44-8403
●Planned Parenthood of the Heartland v. Hilgers 317 Neb. 217 (2024)