{"schema":"abhortion.org/legislation.verbose/v1","id":"legality-us-ne","type":"legislation","level":"state","jurisdiction":"Nebraska","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"12-week ban, constitutionalized","summary":"Nebraska bans abortion at 12 weeks LMP, with the ban enshrined in the state constitution since November 2024.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":12,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"severely_restricted","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":false,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":"unclear","method_bans":["d_and_e"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Class IV felony, up to 2 years imprisonment and $10,000 fine; license revocation","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":24,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":1,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/ne.html","markdown":"https://www.abhortion.org/legislation/ne.md","summary_json":"https://www.abhortion.org/legislation/ne.json","full_json":"https://www.abhortion.org/legislation/ne-full.json","verbose_json":"https://www.abhortion.org/legislation/ne-verbose.json"},"overview":{"title":"12-week ban, constitutionalized","summary":"Nebraska bans abortion at 12 weeks LMP, with the ban enshrined in the state constitution since November 2024.","description":"Abortion is legal in Nebraska up to 12 weeks of pregnancy, measured from the first day of your last menstrual period. After 12 weeks, abortion is banned with three exceptions: to save the pregnant person's life, to prevent serious risk of substantial and irreversible physical impairment of a major bodily function, or if the pregnancy resulted from sexual assault or incest. In November 2024, Nebraska voters approved a constitutional amendment that locks this 12-week restriction into the state constitution. The ban is fully in effect and not blocked by any court. Abortion providers must be licensed physicians, must be physically present in the same room with the patient even for medication abortion, and must comply with a 24-hour waiting period, state-scripted counseling, and ultrasound requirements.","legal_analysis":"The primary operative limit is the Preborn Child Protection Act, Neb. Rev. Stat. §§ 71-6914 to 71-6917, enacted as part of LB 574 (2023), which prohibits physicians from performing or inducing an abortion if the probable gestational age of the preborn child is 12 or more weeks, unless a medical emergency exists or the pregnancy resulted from sexual assault or incest. This statutory ban is now backed by a constitutional amendment, Neb. Const. Art. I-31, adopted November 5, 2024 (Initiative 434), which provides: '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.' Earlier criminal-code abortion statutes — the viability ban (Neb. Rev. Stat. § 28-329), 20-week post-fertilization ban (§ 28-3,106), D&E/dismemberment ban (§ 28-347), and the partial-birth abortion ban (§ 28-328, declared unconstitutional in Stenberg v. Carhart, 530 U.S. 914 (2000) but arguably revived by the federal Partial-Birth Abortion Ban Act) — remain on the books and operate as layered restrictions. The regime permits abortion without restriction through approximately 12 weeks LMP. The Nebraska Supreme Court upheld LB 574 against a single-subject constitutional challenge in Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217 (2024).","quote":"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.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31","citation":"Neb. Const. Art. I, § 31","pinpoint":"Article I-31","quote":"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.","source_type":"constitution","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","citation":"Neb. Rev. Stat. § 71-6915","pinpoint":"subsection (2)(b)","quote":"it shall be unlawful for any physician to perform or induce an abortion... if the probable gestational age of the preborn child has been determined to be twelve or more weeks.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Supreme Court","href":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html","citation":"Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217 (2024)","pinpoint":"slip op.","quote":"We conclude that LB 574 does not violate the single-subject requirement of Neb. Const. art. III, § 14.","source_type":"case","accessed":"Nebraska Supreme Court, July 2024"}]},"sections":{"definitions":{"title":"Abortion defined; ectopic, miscarriage, IVF excluded","summary":"Nebraska defines 'abortion' as intentionally terminating a known pregnancy, expressly excluding ectopic removal, miscarriage removal, and IVF/ART.","description":"Under Nebraska law, 'abortion' means using any instrument, medicine, drug, or device to intentionally end a pregnancy. The law specifically excludes several things from this definition: removing an ectopic pregnancy, removing the remains of a fetus that has already died (miscarriage or stillbirth), procedures intended to save the life or health of the unborn child, accidental or unintentional terminations, and the loss of an embryo outside the womb during IVF or other assisted reproductive technology. This means that treating an ectopic pregnancy, managing a miscarriage, and IVF are not treated as abortions under Nebraska law.","legal_analysis":"Two separate definitions operate in Nebraska law. The criminal-code definition in Neb. Rev. Stat. § 28-326(1) defines abortion as 'the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child, and which causes the premature termination of the pregnancy.' The Preborn Child Protection Act definition, Neb. Rev. Stat. § 71-6914(1)(a), similarly defines abortion but adds specific exclusions in § 71-6914(1)(b): '(i) Removal of an ectopic pregnancy; (ii) Removal of the remains of a preborn child who has already died; (iii) An act done with the intention to save the life or preserve the health of the preborn child; (iv) The accidental or unintentional termination of the life of a preborn child; and (v) During the practice of in vitro fertilization or another assisted reproductive technology, the termination or loss of life of a preborn child who is not being carried inside a woman's body.' The criminal-code definition in § 28-326 excludes removal of a dead unborn child but does not expressly exclude ectopic pregnancy or IVF. The DHHS Health Alert Network Advisory of October 28, 2024, confirms that the Preborn Child Protection Act does not prohibit removal of an ectopic pregnancy, removal of remains after miscarriage, or IVF/ART practices.","quote":"Abortion means the prescription or use of any instrument, device, medicine, drug, or substance to intentionally terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove an ectopic pregnancy, or remove a dead preborn child.","note":"The criminal-code abortion definition at § 28-326(1) does not expressly exclude ectopic pregnancy; the Preborn Child Protection Act definition at § 71-6914(1)(b) does. This creates a potential gap for abortions falling under the criminal code but outside the Preborn Child Protection Act.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914","citation":"Neb. Rev. Stat. § 71-6914(1)","pinpoint":"subsection (1)(a)","quote":"Abortion means the prescription or use of any instrument, device, medicine, drug, or substance to intentionally terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove an ectopic pregnancy, or remove a dead preborn child.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-326","citation":"Neb. Rev. Stat. § 28-326(1)","pinpoint":"subsection (1)","quote":"Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child, and which causes the premature termination of the pregnancy.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},"current_status":{"title":"Legal to 12 weeks LMP; post-12 ban in effect","summary":"Abortion is legal up to 12 weeks LMP; after 12 weeks, banned except for medical emergency, rape, or incest, with the ban in full effect.","description":"In Nebraska today, a person can lawfully obtain an abortion up to 12 weeks of pregnancy as measured from the first day of their last menstrual period. After 12 weeks, abortion is prohibited except in three circumstances: a medical emergency that threatens the pregnant person's life or risks serious and irreversible physical impairment, or if the pregnancy resulted from first-degree sexual assault, sexual assault of a child, or incest. This 12-week restriction is now part of the Nebraska Constitution after voters approved it in November 2024. It is fully enforceable and not blocked by any court order.","legal_analysis":"The Preborn Child Protection Act, codified at Neb. Rev. Stat. §§ 71-6914 to 71-6917 (enacted by LB 574, signed May 22, 2023, effective immediately), is the operative gestational limit. Section 71-6915(2)(b) makes it unlawful for any physician to perform or induce an abortion 'if the probable gestational age of the preborn child has been determined to be twelve or more weeks.' The three exceptions in § 71-6915(3) are: medical emergency, pregnancy resulting from sexual assault under § 28-319 or § 28-319.01, and pregnancy resulting from incest under § 28-703. 'Medical emergency' is defined in § 71-6914(3)(a) as 'any condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.' This is now backed by Neb. Const. Art. I-31 (Initiative 434, adopted Nov. 5, 2024). The Nebraska Supreme Court upheld LB 574 against a single-subject challenge in Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217 (2024). The law is in full effect.","quote":"it shall be unlawful for any physician to perform or induce an abortion... if the probable gestational age of the preborn child has been determined to be twelve or more weeks.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","citation":"Neb. Rev. Stat. § 71-6915(2)(b)","pinpoint":"subsection (2)(b)","quote":"it shall be unlawful for any physician to perform or induce an abortion... if the probable gestational age of the preborn child has been determined to be twelve or more weeks.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31","citation":"Neb. Const. Art. I, § 31","pinpoint":"Article I-31","quote":"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.","source_type":"constitution","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"enforcement_status":{"title":"Ban fully in effect; no injunction","summary":"The 12-week ban is not enjoined; the Nebraska Supreme Court upheld the statute against a single-subject challenge, and it operates as written.","description":"Nebraska's 12-week abortion ban is fully enforceable. The Nebraska Supreme Court rejected a challenge arguing that the legislature improperly combined the abortion ban with restrictions on gender-affirming care for minors into a single bill. No court injunction blocks any part of the ban. The law has been in effect since May 22, 2023, and as of the DHHS advisory of October 2024, no disciplinary action has been taken for violations.","legal_analysis":"Planned Parenthood of the Heartland, Inc. v. Hilgers, 317 Neb. 217 (2024), challenged LB 574 on single-subject grounds under Neb. Const. art. III, § 14, arguing that combining the Preborn Child Protection Act (abortion ban) with the Let Them Grow Act (gender-affirming care restrictions) violated the state constitution. The Nebraska Supreme Court held that the bill did not violate the single-subject rule, though it rejected the state's argument that the single-subject rule was a nonjusticiable political question. The court's decision means the Preborn Child Protection Act remains in full effect. The separate criminal-code abortion statutes (§§ 28-329, 28-3,106, 28-347) are also in effect, except that the partial-birth abortion ban at § 28-328 was declared unconstitutional as applied in Stenberg v. Carhart, 530 U.S. 914 (2000), though the federal Partial-Birth Abortion Ban Act of 2003 remains operative. No prosecutorial non-enforcement pledges have been identified.","quote":"We conclude that LB 574 does not violate the single-subject requirement of Neb. Const. art. III, § 14.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Supreme Court / Justia","href":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html","citation":"Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217 (2024)","pinpoint":"slip op.","quote":"We conclude that LB 574 does not violate the single-subject requirement of Neb. Const. art. III, § 14.","source_type":"case","accessed":"Nebraska Supreme Court, July 2024"},{"name":"Nebraska DHHS","href":"https://dhhs.ne.gov/han%20Documents/ADVISORY10282024.pdf","citation":"DHHS Health Alert Network Advisory, Oct. 28, 2024","pinpoint":"page 2","quote":"This law has been in place for nearly two years and no disciplinary action has taken place for violations of the Preborn Child Protection Act.","source_type":"agency_guidance","accessed":"October 28, 2024 advisory"}]},"exceptions":{"life":{"title":"Life exception; 'medical emergency' standard","type":"life","summary":"Abortion permitted after 12 weeks when necessary to avert the pregnant person's death or serious risk of substantial and irreversible physical impairment.","description":"An abortion after 12 weeks is allowed when the pregnant person faces a medical emergency. A medical emergency is defined as any condition that, in reasonable medical judgment, makes ending the pregnancy necessary to prevent the person's death, or where waiting would create a serious risk of substantial and irreversible physical impairment of a major bodily function. There is no requirement that the emergency be immediate. The physician must certify in writing that a medical emergency existed and explain it in the patient's medical record.","legal_analysis":"Neb. Rev. Stat. § 71-6915(3)(a) provides that it is not a violation for a physician to perform or induce an abortion in the case of 'medical emergency.' Section 71-6914(3)(a) defines medical emergency as 'any condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.' 'Reasonable medical judgment' is defined at § 71-6914(6) as a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and treatment possibilities. Section 71-6916(1) requires the physician to certify in writing that a medical emergency existed and keep the certification in the woman's medical record. The DHHS advisory of October 28, 2024, emphasizes that the law does not require the medical emergency to be immediate and is deferential to physician judgment.","quote":"Medical emergency means any condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914","citation":"Neb. Rev. Stat. § 71-6914(3)(a)","pinpoint":"subsection (3)(a)","quote":"Medical emergency means any condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"physical_health":{"title":"Physical health embedded in medical emergency","type":"physical_health","summary":"The 'medical emergency' exception covers serious risk of substantial and irreversible physical impairment, functioning as a physical health exception.","description":"There is no separate physical health exception, but the medical emergency definition itself covers serious risk to the pregnant person's physical health. Specifically, it permits abortion when waiting would create a serious risk of substantial and irreversible physical impairment of a major bodily function. This includes threats to major bodily functions even if death is not imminent.","legal_analysis":"The Preborn Child Protection Act does not contain a standalone physical health exception. Instead, the medical emergency definition in § 71-6914(3)(a) explicitly encompasses both life and physical health: it applies when the condition 'necessitate[s] the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.' This is broader than a pure life exception but narrower than a general health exception. The separate criminal-code viability ban at § 28-329 uses the phrase 'necessary to preserve the life or health of the mother,' providing a health exception at viability. The 20-week ban at § 28-3,106 mirrors the § 71-6914 standard.","quote":"for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914","citation":"Neb. Rev. Stat. § 71-6914(3)(a)","pinpoint":"subsection (3)(a)","quote":"for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"Nebraska's 12-week ban has no exception for mental health; the medical emergency exception is limited to physical conditions.","description":"Nebraska law does not allow abortion after 12 weeks for mental health reasons alone. The medical emergency exception is limited to conditions that threaten death or serious and irreversible physical impairment. Mental health conditions, including risk of suicide, are not covered by the exception unless they rise to the level of a physical threat.","legal_analysis":"Neither the Preborn Child Protection Act (§§ 71-6914 to 71-6917) nor the constitutional amendment (Art. I-31) includes a mental health exception. The criminal-code viability ban at § 28-329 uses the phrase 'life or health of the mother' without specifying physical versus mental health, but the 20-week ban at § 28-3,106 and the Preborn Child Protection Act limit the health exception to 'substantial and irreversible physical impairment of a major bodily function,' expressly excluding purely mental health conditions.","note":"The viability ban at § 28-329 uses 'life or health' without the 'physical' qualifier, potentially creating ambiguity, though in practice it is superseded by the more restrictive Preborn Child Protection Act. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914","citation":"Neb. Rev. Stat. § 71-6914(3)(a)","pinpoint":"subsection (3)(a)","quote":"serious risk of substantial and irreversible physical impairment of a major bodily function","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"rape":{"title":"Rape exception; certification required","type":"rape","summary":"Abortion after 12 weeks is permitted if the pregnancy resulted from first-degree sexual assault; the physician must certify compliance with reporting duties.","description":"A person can obtain an abortion after 12 weeks if the pregnancy resulted from sexual assault. The exception covers first-degree sexual assault (as defined in Nebraska law) and first-degree sexual assault of a child. The physician must certify in writing that the abortion was performed because of sexual assault and that they complied with health care provider reporting duties under Nebraska law. A 2023 Attorney General opinion clarified that the law enforcement report may be submitted either before or after the abortion — it does not need to be filed beforehand.","legal_analysis":"Neb. Rev. Stat. § 71-6915(3)(b) provides that it is not a violation for a physician to perform an abortion when the pregnancy resulted from 'sexual assault as defined in section 28-319 or 28-319.01.' These statutes define first-degree sexual assault and first-degree sexual assault of a child. Section 71-6916(2) requires the physician to certify in writing that the abortion was performed because of sexual assault and that the physician complied with all applicable duties imposed by § 28-902 (health care provider reporting requirements). In Attorney General Opinion No. 2934 (April 25, 2023), the AG concluded that the law-enforcement reporting requirement may be satisfied before or after an abortion is performed. There is no requirement that the assault be reported to law enforcement before the abortion, and the certification is kept in the woman's medical record, not filed with the state.","quote":"It shall not be a violation... for a physician to perform or induce an abortion in the case of... pregnancy resulting from sexual assault as defined in section 28-319 or 28-319.01.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","citation":"Neb. Rev. Stat. § 71-6915(3)(b)","pinpoint":"subsection (3)(b)","quote":"It shall not be a violation of subsection (1) or (2) of this section for a physician to perform or induce an abortion in the case of... pregnancy resulting from sexual assault as defined in section 28-319 or 28-319.01.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Attorney General","href":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf","citation":"Neb. Att'y Gen. Op. No. 2934 (April 25, 2023)","pinpoint":"pp. 1, 5","quote":"We also do not read the Act to require a physician to file a law-enforcement report before performing an abortion for a victim of sexual assault. The law-enforcement reporting requirement may be satisfied before or after an abortion is performed.","source_type":"ag_opinion","accessed":"April 25, 2023 AG opinion"}]},"incest":{"title":"Incest exception; same certification","type":"incest","summary":"Abortion after 12 weeks is permitted if the pregnancy resulted from incest, with the same physician certification requirements as for rape.","description":"Abortion after 12 weeks is permitted when the pregnancy resulted from incest. The incest exception references Nebraska's criminal incest statute. The physician must certify in writing that the abortion was performed because of incest and that appropriate reporting duties were met. As with the rape exception, the Attorney General has confirmed that the law enforcement report need not be filed before the procedure.","legal_analysis":"Neb. Rev. Stat. § 71-6915(3)(c) provides the incest exception, referencing 'incest as defined in section 28-703.' The certification and reporting requirements in § 71-6916(2) apply equally to incest, requiring the physician to certify in writing that the abortion was performed because of incest and that the physician complied with § 28-902 duties. The AG Opinion No. 2934 extends the pre/post-abortion reporting conclusion to incest cases as well.","quote":"It shall not be a violation... for a physician to perform or induce an abortion in the case of... pregnancy resulting from incest as defined in section 28-703.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","citation":"Neb. Rev. Stat. § 71-6915(3)(c)","pinpoint":"subsection (3)(c)","quote":"It shall not be a violation... for a physician to perform or induce an abortion in the case of... pregnancy resulting from incest as defined in section 28-703.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"fatal_fetal_anomaly":{"title":"No fatal fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Nebraska's 12-week ban has no exception for fatal fetal anomaly; a bill to add one (LB 1109) was introduced but has not been enacted.","description":"Nebraska law does not allow abortion after 12 weeks for a fatal fetal anomaly. If a person learns at a 20-week anatomy scan that their fetus has a condition incompatible with life, they cannot legally obtain an abortion in Nebraska. A bill (LB 1109) was introduced to create a fatal fetal anomaly exception but has not become law.","legal_analysis":"Neither the Preborn Child Protection Act nor the constitutional amendment includes a fatal fetal anomaly exception. LB 1109 (2025-2026 session), which would have added such an exception, has not been enacted. The only post-12-week exceptions are medical emergency, rape, and incest.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","citation":"Neb. Rev. Stat. § 71-6915(3)","pinpoint":"subsection (3)","quote":"It shall not be a violation... for a physician to perform or induce an abortion in the case of: (a) Medical emergency; (b) Pregnancy resulting from sexual assault... or (c) Pregnancy resulting from incest...","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic and miscarriage expressly excluded","type":"ectopic_miscarriage_carveout","summary":"The Preborn Child Protection Act expressly excludes ectopic pregnancy removal and removal of a deceased preborn child from its definition of abortion.","description":"Treating an ectopic pregnancy is not considered an 'abortion' under Nebraska's 12-week ban and is never prohibited. Likewise, removing the remains of a fetus that has already died (miscarriage management or stillbirth) is explicitly excluded from the definition of abortion. These procedures remain legal at any stage of pregnancy.","legal_analysis":"Neb. Rev. Stat. § 71-6914(1)(b) expressly excludes from the definition of abortion: '(i) Removal of an ectopic pregnancy; (ii) Removal of the remains of a preborn child who has already died.' The DHHS October 2024 advisory confirms this. Note that the criminal-code definition at § 28-326(1) only excludes removal of a dead unborn child but does not expressly exclude ectopic pregnancy removal — yet the Preborn Child Protection Act's broader definition governs the 12-week restriction.","quote":"Abortion does not include... the removal of an ectopic pregnancy... [or] the removal of the remains of a preborn child who has already died.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914","citation":"Neb. Rev. Stat. § 71-6914(1)(b)","pinpoint":"subsection (1)(b)","quote":"Abortion does not include: (i) Removal of an ectopic pregnancy; (ii) Removal of the remains of a preborn child who has already died.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]}},"methods":{"procedural_surgical":{"title":"D&E ban; partial-birth ban unenforceable as state law","summary":"Procedural abortion is legal before 12 weeks; D&E ('dismemberment') banned separately at all stages; partial-birth abortion ban struck down but covered by federal law.","description":"Procedural (surgical) abortion is legal in Nebraska up to 12 weeks of pregnancy. Two specific procedures are separately banned: dilation and evacuation (D&E), which Nebraska calls 'dismemberment abortion,' is banned at any stage of pregnancy unless a medical emergency exists. Nebraska's ban on 'partial-birth abortion' was struck down by the U.S. Supreme Court in 2000, but the federal Partial-Birth Abortion Ban Act still applies. All procedural abortions must be performed by a licensed physician physically present in the same room as the patient.","legal_analysis":"The D&E/dismemberment ban, Neb. Rev. Stat. § 28-347 (LB 814, 2020), makes it unlawful to 'purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency.' 'Dismemberment abortion' is defined in § 28-326(4)(a) as an abortion in which a person 'purposely dismembers the body of a living unborn child and extracts him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments.' Suction dismemberment and post-mortem removal are excluded (§ 28-326(4)(b)). Violation is a Class IV felony (§ 28-347.04). The partial-birth abortion ban, § 28-328, was declared unconstitutional in Stenberg v. Carhart, 530 U.S. 914 (2000), but the federal ban (18 U.S.C. § 1531) remains enforceable. The criminal code § 28-336 separately makes performing an abortion 'by using anything other than accepted medical procedures' a Class IV felony.","quote":"It shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency.","note":"The § 28-328 partial-birth abortion ban is on the books but declared unconstitutional; the federal 18 U.S.C. § 1531 is operative. The D&E ban at § 28-347 has not been challenged post-Dobbs and is presumed enforceable.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347","citation":"Neb. Rev. Stat. § 28-347(1)","pinpoint":"subsection (1)","quote":"It shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-328","citation":"Neb. Rev. Stat. § 28-328","pinpoint":"subsection (1)","quote":"No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026; annotation notes Section declared unconstitutional in Stenberg v. Carhart, 530 U.S. 914 (2000)"},{"name":"U.S. Supreme Court / Cornell LII","href":"https://www.law.cornell.edu/supremecourt/text/99-830","citation":"Stenberg v. Carhart, 530 U.S. 914 (2000)","quote":"The Nebraska law at issue prohibits any 'partial birth abortion' unless that procedure is necessary to save the mother's life.","source_type":"case"}]},"medication":{"title":"Legal before 12 weeks; in-person only","summary":"Medication abortion is legal before 12 weeks, but the prescribing physician must be physically present in the same room; no telehealth.","description":"Medication abortion (using mifepristone and misoprostol) is legal in Nebraska up to 12 weeks of pregnancy. However, Nebraska law requires that the physician prescribing the medication be physically present in the same room with the patient. This means medication abortion cannot be obtained through telehealth or virtual appointments — you must see a doctor in person. The pills cannot be mailed directly to patients by Nebraska providers. A bill introduced in 2025 (LB 209-style legislation) proposed additional in-person documentation requirements for medication abortion but did not pass. Nebraska also requires reporting of any attempt to continue a pregnancy after taking mifepristone.","legal_analysis":"Neb. Rev. Stat. § 28-335(2) requires that 'the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient.' This applies to medication abortion and effectively prohibits telemedicine prescribing. Violation is a Class IV felony. The Preborn Child Protection Act's 12-week limit applies equally to medication and procedural abortion — the operative prohibition is on performing or inducing abortion after 12 weeks, regardless of method. The FDA's 2016 REMS for mifepristone and subsequent changes permitting mail-order pharmacy dispensing do not preempt Nebraska's physical-presence requirement under current Eighth Circuit precedent. Nebraska law § 28-327(1)(e) requires the physician to inform the patient that 'mifepristone alone is not always effective in ending a pregnancy' and to provide information on continuing a pregnancy after taking mifepristone.","quote":"No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient.","note":"The FDA has not sought to preempt Nebraska's physical-presence requirement. The U.S. Supreme Court's decision in FDA v. Alliance for Hippocratic Medicine (2024) preserved mifepristone access federally but did not address state physical-presence laws. Nebraska could be affected by any future FDA preemption litigation or by a federal shield-law challenge.","verification":"verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","citation":"Neb. Rev. Stat. § 28-335(2)","pinpoint":"subsection (2)","quote":"No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient when the physician performs, induces, or attempts to perform or induce the abortion.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},"self_managed":{"title":"Woman exempt; no self-managed ban as enforced","summary":"The pregnant woman is expressly shielded from liability under the 12-week ban, the D&E ban, the 20-week ban, and the partial-birth ban, leaving no realistic criminal exposure for self-managing.","description":"A person who self-manages their own abortion in Nebraska — for example, by obtaining abortion pills from an out-of-state source or through the mail — is not criminally liable under Nebraska's abortion laws. Every major abortion restriction in Nebraska explicitly states that the pregnant woman cannot be prosecuted. The 12-week ban, the D&E ban, the 20-week ban, and the partial-birth ban each include mother-exemption language. Nebraska law does define 'self-induced abortion' in its criminal code (§ 28-326(13)) but does not separately criminalize it. In practice, the pregnant person faces no criminal exposure under Nebraska abortion statutes.","legal_analysis":"Nebraska law consistently exempts the pregnant woman from liability across its major abortion statutes: (1) Preborn Child Protection Act, § 71-6917: 'No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.' (2) D&E ban, § 28-347(3): 'No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion.' (3) 20-week ban, § 28-3,108: 'No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.' (4) Partial-birth abortion ban, § 28-328(3): 'No woman upon whom an unlawful partial-birth abortion is performed shall be prosecuted under this section or for conspiracy to violate this section.' (5) Physician-presence requirement, § 28-335(2): 'No civil or criminal penalty shall be assessed against the patient upon whom the abortion is performed.' The criminal code defines 'self-induced abortion' in § 28-326(13) as 'any abortion or menstrual extraction attempted or completed by a pregnant woman on her own body,' but no separate penalty provision attaches. The AG Opinion No. 2934 confirms that violations of the Preborn Child Protection Act do not become crimes under § 28-336 or any other criminal code provision. There is a theoretical risk that self-managed abortion could be charged under general drug or controlled-substances statutes if the medication is obtained outside legal channels, but no such prosecutions have been reported.","quote":"No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.","note":"The existence of a statutory definition of 'self-induced abortion' (§ 28-326(13)) without a corresponding penalty creates a potential ambiguity. If a prosecutor sought to charge self-managed abortion under a general statute (e.g., practicing medicine without a license, drug offenses), the mother-exemption provisions in the specific abortion statutes might not necessarily apply. No such prosecution has been reported in Nebraska.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917","citation":"Neb. Rev. Stat. § 71-6917","pinpoint":"entire section","quote":"No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347","citation":"Neb. Rev. Stat. § 28-347(3)","pinpoint":"subsection (3)","quote":"No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,108","citation":"Neb. Rev. Stat. § 28-3,108","pinpoint":"entire section","quote":"No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]}},"actors":{"who_may_perform":{"title":"Licensed physicians only; in-person required","summary":"Only licensed physicians may perform abortions in Nebraska; advance-practice clinicians are excluded, and the physician must be physically present.","description":"Only a licensed physician — a medical doctor (MD) or doctor of osteopathic medicine (DO) licensed under Nebraska's Uniform Credentialing Act — may perform or induce an abortion in Nebraska. Nurse practitioners, physician assistants, and certified nurse-midwives cannot perform or prescribe abortion care. The physician must be physically present in the same room with the patient at all times, including for medication abortion. There is no explicit hospital or ambulatory surgical center requirement for first-trimester abortion in Nebraska statute, though after the first trimester, physicians must certify in writing the reason for the abortion.","legal_analysis":"Neb. Rev. Stat. § 28-335(1) makes it a Class IV felony for 'any person other than a licensed physician' to perform an abortion. 'Physician' is defined in § 28-326(9) as 'any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act.' Section 28-335(2) requires the physician to be physically present in the same room. The Preborn Child Protection Act is framed entirely in terms of physician duties (§ 71-6915: 'a physician, before performing or inducing an abortion, shall...'). Nebraska does not have an explicit hospital or ASC requirement for abortion, but § 28-337 provides that no hospital, clinic, or institution shall be required to admit patients for abortion or to allow abortions. Historically, an earlier version of § 28-333 required second-trimester abortions in hospitals, but it was declared unconstitutional in Womens Services, P.C. v. Thone, 690 F.2d 667 (8th Cir. 1982).","quote":"The performing of an abortion by any person other than a licensed physician is a Class IV felony.","verification":"verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","citation":"Neb. Rev. Stat. § 28-335(1)","pinpoint":"subsection (1)","quote":"The performing of an abortion by any person other than a licensed physician is a Class IV felony.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt; no criminal exposure","summary":"Every major abortion statute in Nebraska expressly exempts the pregnant woman from criminal and civil liability.","description":"The pregnant person cannot be prosecuted or sued under Nebraska's abortion laws. The Preborn Child Protection Act, the D&E ban, the 20-week ban, the partial-birth abortion ban, and the physician-presence requirement all include explicit language shielding the woman from any penalty. This pattern of exemption is consistent across the entire abortion code.","legal_analysis":"See Neb. Rev. Stat. § 71-6917 ('No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act'); § 28-347(3) (D&E ban); § 28-3,108 (20-week ban); § 28-328(3) (partial-birth ban); § 28-335(2) (physician-presence requirement). The criminal code definition of 'self-induced abortion' at § 28-326(13) is definitional only with no corresponding penalty provision. The wrongful death statute at § 30-809(2)(a) likewise exempts the mother from civil liability: 'No action for damages for the death of a person who is an unborn child shall be brought under this section against... the mother of the unborn child.' The fetal homicide statutes (§§ 28-391 to 28-394) criminalize third-party killing of an unborn child but contain no language reaching the pregnant woman.","quote":"No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917","citation":"Neb. Rev. Stat. § 71-6917","pinpoint":"entire section","quote":"No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809","citation":"Neb. Rev. Stat. § 30-809(2)(a)","pinpoint":"subsection (2)(a)","quote":"No action for damages for the death of a person who is an unborn child shall be brought under this section against... the mother of the unborn child.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"physician":{"title":"Class IV felony; license revocation","summary":"Physicians violating the 12-week ban face license revocation; criminal exposure includes Class IV felony (up to 2 years, $10,000 fine) under other statutes.","description":"A physician who violates Nebraska's 12-week abortion ban faces mandatory license revocation under the Uniform Credentialing Act. The Preborn Child Protection Act itself is enforced through professional discipline rather than criminal prosecution. However, the older criminal code statutes can also apply: performing an abortion by other than accepted medical procedures or in violation of the 20-week post-fertilization ban are Class IV felonies, punishable by up to 2 years imprisonment and a $10,000 fine. The D&E ('dismemberment') ban is a Class IV felony. A violation of the physician-presence requirement is also a Class IV felony.","legal_analysis":"The Preborn Child Protection Act is enforced through the Uniform Credentialing Act. Neb. Rev. Stat. § 38-193(2) provides that if a licensee performs an unlawful abortion in violation of § 71-6915, the director 'shall enter an order revoking the licensee's credential.' The criminal code provides: (a) § 28-3,108: violation of 20-week ban is a Class IV felony; (b) § 28-347.04: D&E violation is a Class IV felony; (c) § 28-335(1)-(2): performing abortion by non-physician or without physical presence is a Class IV felony; (d) § 28-336: performing abortion by non-accepted medical procedures is a Class IV felony; (e) § 28-328(2): partial-birth abortion is a Class III felony (though § 28-328 declared unconstitutional). Under Neb. Rev. Stat. § 28-105, a Class IV felony carries a maximum of 2 years imprisonment and a $10,000 fine, with no mandatory minimum. A Class III felony carries a maximum of 4 years imprisonment and a $25,000 fine. The DHHS advisory of October 2024 notes that no disciplinary action has been taken for violations of the Preborn Child Protection Act in the nearly two years since its enactment.","quote":"If the director finds such a violation, the director shall enter an order revoking the licensee's credential to practice pursuant to the Uniform Credentialing Act.","note":"The AG Opinion No. 2934 concludes that violations of the Preborn Child Protection Act do not become crimes under § 28-336 (the 'accepted medical procedures' statute). This means the primary sanction for violating the 12-week ban is professional discipline (license revocation), not criminal prosecution, unless the violation also implicates a separate criminal abortion statute.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=38-193","citation":"Neb. Rev. Stat. § 38-193(2)","pinpoint":"subsection (2)","quote":"If the director finds such a violation, the director shall enter an order revoking the licensee's credential to practice pursuant to the Uniform Credentialing Act in the State of Nebraska.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,108","citation":"Neb. Rev. Stat. § 28-3,108","pinpoint":"entire section","quote":"Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of section 28-3,106 is guilty of a Class IV felony.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"prescriber_pharmacist":{"title":"Pharmacists not directly exposed","summary":"Non-physician prescribers are excluded from performing abortions; pharmacists filling prescriptions at a physician's direction are shielded from D&E ban liability.","description":"Nurse practitioners, physician assistants, and other non-physician prescribers cannot legally prescribe or administer abortion medication or perform abortions. Pharmacists who fill a prescription for abortion medication are not independently liable under the D&E ban, which specifically exempts any pharmacist or other individual who fills a prescription at the direction of a physician. However, a pharmacist who knowingly dispenses for an illegal abortion could theoretically face accomplice liability under general criminal law.","legal_analysis":"Neb. Rev. Stat. § 28-335(1) makes it a Class IV felony for any person other than a licensed physician to perform an abortion. This prohibits APRNs, PAs, and pharmacists from directly prescribing or performing abortions. For the D&E ban, § 28-347(3) expressly exempts: 'No pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be liable for performing or attempting to perform a dismemberment abortion.' This protection is limited to the D&E statute. Under the Preborn Child Protection Act, liability attaches to the physician who performs or induces the abortion, and the mother exemption (§ 71-6917) does not extend to pharmacists. In practice, prosecutorial risk for pharmacists is low given that the Act targets physician conduct.","quote":"No pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be liable for performing or attempting to perform a dismemberment abortion.","note":"The D&E ban's shield for pharmacists does not necessarily extend to the Preborn Child Protection Act or other abortion statutes. Pharmacists dispensing mifepristone or misoprostol for an abortion after 12 weeks could face accomplice-liability exposure, though no such prosecution has been reported.","verification":"verified","confidence":"medium","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347","citation":"Neb. Rev. Stat. § 28-347(3)","pinpoint":"subsection (3)","quote":"No pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be liable for performing or attempting to perform a dismemberment abortion.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"nurses_and_staff":{"title":"Non-physician staff shielded from D&E liability","summary":"Nurses and non-physician staff acting at a physician's direction are expressly shielded from liability under the D&E ban, but their exposure under the Preborn Child Protection Act is less clear.","description":"Nurses, medical assistants, receptionists, and other clinic staff who assist with abortions at the direction of a physician are explicitly protected from liability under Nebraska's D&E ban. The Preborn Child Protection Act, however, does not contain a parallel shield for staff — it targets physicians and exempts the pregnant woman, but does not mention staff. In practice, Nebraska has not pursued charges against clinic staff acting under physician supervision.","legal_analysis":"Neb. Rev. Stat. § 28-347(3) exempts: 'No nurse, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, shall be liable for performing or attempting to perform a dismemberment abortion.' The Preborn Child Protection Act is silent on staff liability. Under general accomplice-liability principles (Neb. Rev. Stat. § 28-206), a person who aids or abets a crime may be liable as an accomplice. However, the Preborn Child Protection Act is enforced through professional discipline under the Uniform Credentialing Act rather than criminal prosecution (AG Opinion No. 2934), which limits staff exposure.","quote":"No nurse, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, shall be liable for performing or attempting to perform a dismemberment abortion.","note":"The D&E shield for staff is clear; the Preborn Child Protection Act's silence leaves a theoretical gap for non-D&E abortions after 12 weeks.","verification":"verified","confidence":"medium","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347","citation":"Neb. Rev. Stat. § 28-347(3)","pinpoint":"subsection (3)","quote":"No nurse, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, shall be liable for performing or attempting to perform a dismemberment abortion.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"other_helpers":{"title":"No specific helper liability; general law applies","summary":"Nebraska has no statute specifically criminalizing those who help someone obtain an abortion; general accomplice and aiding-and-abetting law applies.","description":"Nebraska does not have a law that specifically targets friends, family members, or others who help someone obtain an abortion — no 'abortion trafficking' statute, no aid-or-abet provision specific to abortion. A person who drives a friend to an abortion clinic, pays for an abortion, or provides emotional support is not directly targeted by any Nebraska abortion statute. General criminal accomplice liability could theoretically apply, but the primary abortion statutes are enforced against physicians, not third parties.","legal_analysis":"No Nebraska statute specifically criminalizes aiding, abetting, funding, or facilitating another person's abortion. The Preborn Child Protection Act targets physician conduct; the criminal-code statutes (§§ 28-3,106, 28-3,108, 28-336, 28-347) target persons who 'perform or attempt to perform' abortions. Nebraska's general accomplice statute, Neb. Rev. Stat. § 28-206, provides that a person who aids, abets, or procures another to commit an offense may be prosecuted as if they were the principal. However, applying § 28-206 to abortion helpers would require the underlying offense to be a crime — and the AG has opined that violations of the Preborn Child Protection Act are not crimes under § 28-336. Governor Pillen's November 2025 executive order targets state funding to abortion providers, not helpers. Nebraska has not enacted an 'abortion trafficking' law. The Nebraska legislature rejected a bill (LB 669, 2026) that would have added coercion screening requirements.","note":"General accomplice liability remains theoretically available for criminal abortion statutes (§§ 28-3,108, 28-336, 28-347), but no prosecutions of helpers have been reported.","verification":"verified","confidence":"medium","citations":[{"name":"Nebraska Attorney General","href":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf","citation":"Neb. Att'y Gen. Op. No. 2934 (April 25, 2023)","pinpoint":"p. 1","quote":"We conclude that violations of the Act would not become crimes under § 28-336 because the Act would not change which 'medical procedures' are 'accepted' to 'perform[]... an abortion.'","source_type":"ag_opinion","accessed":"April 25, 2023 AG opinion"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No travel-assistance prohibition","summary":"Nebraska has no law criminalizing the act of helping someone travel out of state for an abortion; no 'abortion trafficking' statute exists.","description":"It is legal to help someone travel out of Nebraska to obtain an abortion in another state. Nebraska has not passed any 'abortion trafficking' law or other statute that criminalizes assisting, funding, or facilitating out-of-state abortion travel. The 12-week ban applies to abortions performed in Nebraska and does not reach conduct outside the state.","legal_analysis":"Nebraska has no statute analogous to Idaho's 'abortion trafficking' law or Texas's SB 8 travel-assistance provisions. The Preborn Child Protection Act prohibits in-state performance of abortion after 12 weeks; it does not address out-of-state travel. No legal effort has been made to apply Nebraska's general aiding-and-abetting statute (§ 28-206) to out-of-state abortion travel. Lincoln, Omaha, and other municipalities have not enacted local ordinances criminalizing abortion-related travel. The Nebraska legislature has not introduced or passed any travel-restriction legislation.","note":"No bill criminalizing abortion travel assistance has been introduced. The constitutional right to travel (U.S. Const. Art. IV, § 2; Saenz v. Roe, 526 U.S. 489 (1999)) provides additional protection.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","citation":"Neb. Rev. Stat. § 71-6915","pinpoint":"subsection (2)","quote":"it shall be unlawful for any physician to perform or induce an abortion... if the probable gestational age of the preborn child has been determined to be twelve or more weeks.","source_type":"statute","accessed":"The statute is limited to performance of abortion in-state; no extraterritorial application."}]},"funding":{"title":"No funding-assistance prohibition","summary":"Nebraska does not criminalize paying for another person's abortion or abortion-related travel; no statute targets abortion funds or employer benefits.","description":"It is legal in Nebraska to help pay for someone's abortion or abortion-related travel. Abortion funds, charitable organizations, and employers can provide financial assistance for abortion care without facing liability under Nebraska law. The state has not passed any law restricting funding assistance.","legal_analysis":"No Nebraska statute criminalizes the funding of abortion care. Governor Pillen's Executive Order No. 25-16 (November 2025) restricts state tax dollars — primarily Medicaid funds — from flowing to abortion providers, but this is a funding restriction on the state, not a criminal prohibition on private funding. Private abortion funds like Nebraska Abortion Resources (NEAR) operate openly. Employer health plans are restricted by Nebraska's insurance law (§ 44-8403) from covering elective abortion, but direct financial assistance or reimbursement is not addressed.","verification":"not_applicable","confidence":"high"},"mailing_pills":{"title":"Unclear; physical-presence requirement limits mailing","summary":"Nebraska's physician-presence requirement effectively prevents in-state mailing of abortion pills, but no statute expressly prohibits receiving pills by mail.","description":"Nebraska requires the physician to be physically present in the same room with the patient for any abortion, including medication abortion. This makes it illegal for a Nebraska physician to prescribe and mail abortion pills. However, Nebraska law does not expressly criminalize a patient receiving pills mailed from an out-of-state provider. This creates an uncertain legal situation where out-of-state mail-order abortion medication occupies a gray area.","legal_analysis":"Neb. Rev. Stat. § 28-335(2) requires the prescribing physician's physical presence. This prohibits in-state providers from mailing pills. For out-of-state mail-order providers operating under shield laws (e.g., New York, Massachusetts, California), the legal analysis implicates both Nebraska's jurisdictional reach and the receiving patient's exposure. Because Nebraska exempts the pregnant woman from liability under all major abortion statutes, the primary legal risk falls on the out-of-state prescriber rather than the Nebraska recipient. The Comstock Act (18 U.S.C. §§ 1461-1462) and its application to abortion medication remain subjects of federal litigation, but no Nebraska-specific enforcement has occurred.","quote":"No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance... is physically present in the same room with the patient.","note":"The interaction between Nebraska's physical-presence requirement and out-of-state shield-law providers is legally unsettled. Texas's litigation against New York shield-law providers (Texas v. Carpenter, 2024) may produce precedent affecting Nebraska, but no Nebraska-specific litigation tests this question.","verification":"verified","confidence":"medium","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","citation":"Neb. Rev. Stat. § 28-335(2)","pinpoint":"subsection (2)","quote":"No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},"providing_information":{"title":"No liability for providing information","summary":"Nebraska does not criminalize providing information, referrals, or websites about abortion; First Amendment protections apply.","description":"Telling someone where they can obtain an abortion, sharing website links, or providing information about out-of-state clinics is legal in Nebraska. There is no law restricting the provision of abortion-related information, and such speech is protected by the First Amendment.","legal_analysis":"No Nebraska statute restricts the provision of abortion-related information. The state has not enacted any law analogous to the 'aiding or abetting' information prohibitions seen in some other states. First Amendment jurisprudence (Bigelow v. Virginia, 421 U.S. 809 (1975)) protects the right to publish and provide information about lawful out-of-state abortion services. Nebraska's informed-consent statute (§ 28-327) requires physicians to provide specific information but does not restrict others from providing additional information.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No SB8-style civil bounty","summary":"Nebraska has no law allowing private individuals to sue abortion providers or helpers for civil damages; no bounty-enforcement mechanism exists.","description":"Nebraska does not have a law like Texas's SB 8 that lets private citizens sue anyone who performs or helps with an abortion. There is no civil bounty mechanism in Nebraska law. The state's abortion restrictions are enforced through professional licensing discipline and, for some older criminal-code statutes, criminal prosecution by the state.","legal_analysis":"No Nebraska statute authorizes private civil enforcement of abortion restrictions. The Preborn Child Protection Act is enforced through the Uniform Credentialing Act (§ 38-193). The criminal code's abortion penalties (§§ 28-3,108, 28-347.04, 28-335, 28-336) are Class IV felonies prosecuted by the Attorney General or county attorneys. The D&E ban provides for injunctive relief (§ 28-347.01) sought by the Attorney General or county attorney, not private parties. Nebraska has not enacted any private right of action comparable to Texas Health & Safety Code §§ 171.208-171.209.","verification":"not_applicable","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"24-hour mandatory delay","summary":"Nebraska requires at least 24 hours between receiving state-mandated information and the abortion procedure.","description":"A person seeking an abortion in Nebraska must wait at least 24 hours after receiving specific state-mandated information before the procedure can be performed. The information can be provided by phone without a physical examination, meaning the first contact can be remote. However, the combined requirements (ultrasound at least 1 hour before, screening evaluation) create practical barriers. The 1979 version of this waiting period was enjoined as unconstitutional, but the current 24-hour version has been in effect since Casey allowed such requirements.","legal_analysis":"Neb. Rev. Stat. § 28-327 requires that the woman receive specified information 'at least twenty-four hours before the abortion.' The information includes medical risks of the procedure, probable gestational age, risks of carrying to term, that she cannot be forced, and mifepristone information. The information may be provided 'by telephone without conducting a physical examination or tests of the patient.' The 48-hour waiting period in the 1979 version of § 28-327 was permanently enjoined by Womens Services, P.C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979), aff'd, 690 F.2d 667 (8th Cir. 1982). The current 24-hour version was enacted later and is in effect.","quote":"consent to an abortion is voluntary and informed only if... at least twenty-four hours before the abortion.","note":"The annotated version of § 28-327 at the Nebraska Legislature website notes the 1979 version's waiting period was permanently enjoined; the current 24-hour version is in effect.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327","citation":"Neb. Rev. Stat. § 28-327","pinpoint":"introductory text and subsection (1)","quote":"No abortion shall be performed except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of an emergency situation, consent to an abortion is voluntary and informed only if: (1) The woman is told the following... at least twenty-four hours before the abortion.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"mandatory_counseling":{"title":"State-scripted counseling required","summary":"Nebraska mandates specific counseling topics including detailed risk-factor evaluation; the state provides printed materials describing fetal development and alternatives.","description":"Before an abortion, a Nebraska patient must receive detailed information including: medical risks of the specific procedure, probable gestational age, risks of carrying to term, that the father is liable for child support, that medical assistance may be available, and that mifepristone alone may not end a pregnancy. The state also requires a licensed professional to evaluate the patient for risk factors associated with abortion and any perception of being pressured. The patient must be offered state-produced printed materials describing fetal development and listing alternatives to abortion.","legal_analysis":"Neb. Rev. Stat. § 28-327 lists eight requirements for informed consent to be valid, including specific oral disclosures (§ 28-327(1)-(2)), ultrasound requirements (§ 28-327(3)), a psychological/risk-factor evaluation by a licensed professional at least one hour before the abortion (§ 28-327(4)), and written certification (§ 28-327(7)). The DHHS publishes printed materials under § 28-327.01 that describe the unborn child, list agencies offering alternatives to abortion, and include information on continuing pregnancy after taking mifepristone. The materials must be either given to the patient 24 hours before the abortion or mailed 72 hours before by certified mail. Physicians may disassociate themselves from the materials. The statute has been criticized for containing medically contested information, including requiring disclosure of 'complications associated with abortion' that are 'reported in a peer-reviewed journal to be statistically associated with abortion' at p < 0.05 (§ 28-326(2)).","quote":"The physician or his or her agent shall orally inform the woman that the materials have been provided by the Department of Health and Human Services and that they describe the unborn child, list agencies which offer alternatives to abortion.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327","citation":"Neb. Rev. Stat. § 28-327(2)(d)","pinpoint":"subsection (2)(d)","quote":"The physician or his or her agent shall orally inform the woman that the materials have been provided by the Department of Health and Human Services and that they describe the unborn child, list agencies which offer alternatives to abortion.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"ultrasound_requirement":{"title":"Ultrasound mandatory if used; display offered","summary":"If an ultrasound is performed before an abortion, it must be done at least 1 hour prior, with the image displayed so the patient can choose to view it.","description":"If an ultrasound is used before an abortion — which is typical for dating purposes — Nebraska law requires it to be performed at least 1 hour before the procedure. The ultrasound image must be displayed on a screen positioned so the patient can choose to view it or not. The patient is not required to look. If the patient asks questions about the image, the provider must answer them, including providing a detailed medical description of dimensions, cardiac activity, and visible body parts if the patient requests it.","legal_analysis":"Neb. Rev. Stat. § 28-327(3) applies when 'an ultrasound is used prior to the performance of an abortion' — it is not an absolute mandate that an ultrasound be performed in every case, but the Preborn Child Protection Act separately requires the physician to determine gestational age (§ 71-6915(1)), which is typically done via ultrasound. If ultrasound is used, § 28-327(3) requires: (a) the ultrasound be performed at least one hour before the abortion; (b) images be simultaneously displayed so the woman may choose to view them; (c) the woman be informed she can view them; (d) if she requests information, her questions be answered, including detailed medical description if requested. This is a 'mandatory_performed' regime (ultrasound functionally required by the gestational-age determination requirement) with a display-offered (not display-mandated) component.","quote":"If an ultrasound is used prior to the performance of an abortion... perform an ultrasound of the woman's unborn child... at least one hour prior... simultaneously display the ultrasound images so that the woman may choose to view... or not view.","note":"While § 28-327(3) is conditional on ultrasound use, § 71-6915(1) functionally requires gestational-age determination, which in practice means an ultrasound is typically necessary.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327","citation":"Neb. Rev. Stat. § 28-327(3)","pinpoint":"subsection (3)","quote":"If an ultrasound is used prior to the performance of an abortion, the physician... shall: (a) Perform an ultrasound of the woman's unborn child... at least one hour prior... (b) Simultaneously display the ultrasound images so that the woman may choose to view... or not view.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"in_person_visits":{"title":"At least 1 in-person visit","summary":"The combined requirements force at least one in-person visit: the physician must be physically present, and the ultrasound must be performed at the clinic.","description":"Nebraska's requirements compel at least one in-person visit for an abortion. The physician must be physically present in the same room — telehealth is not permitted. The required counseling information can be provided by phone, so the 24-hour waiting period can run from a phone call. But the ultrasound (at least 1 hour before) requires an in-person visit, and the physician must be physically present for the procedure itself. In effect, the minimum in-person requirement is one visit, though many patients may need two (one for the ultrasound and counseling, a second for the procedure after the 24-hour wait).","legal_analysis":"Section 28-327 permits the required information to be provided 'by telephone without conducting a physical examination or tests of the patient,' meaning the first counseling contact can be remote. However, § 28-335(2) requires physician physical presence for the procedure, and § 28-327(3) requires ultrasound (if used) to be performed at least one hour before the abortion, which is inherently in-person. In practice, this yields at least one in-person visit, though some clinic protocols may require two visits to accommodate the 24-hour delay between ultrasound/counseling and procedure.","note":"Practical in-person visit count may vary by clinic protocol.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327","citation":"Neb. Rev. Stat. § 28-327(1)","pinpoint":"subsection (1), final paragraph","quote":"The physician or the physician's agent may provide this information by telephone without conducting a physical examination or tests of the patient.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]}},"minors":{"parental_involvement":{"title":"One-parent consent; judicial bypass available","summary":"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.","description":"If you are under 18 in Nebraska, you must get written, notarized consent from one parent or legal guardian before having an abortion. If you cannot or do not want to involve a parent — for example, in cases of abuse — you can ask a judge for permission instead. This is called a judicial bypass. The court process is confidential, you can use a pseudonym or your initials, and the court must decide within 7 days. You have the right to a court-appointed attorney.","legal_analysis":"Neb. Rev. Stat. § 71-6902 requires that no abortion be performed on an un-emancipated woman under 18 unless the physician obtains the notarized written consent of one parent or guardian. This consent requirement must be met at least 48 hours before the abortion (§ 71-6902.02). The requirement does not apply in a medical emergency (§ 71-6905) or if the minor has been emancipated by marriage (§ 71-6902.01). Nebraska does not require notification of both parents — consent of one is sufficient.","quote":"No person shall perform an abortion upon a pregnant woman... in the case of a woman who is less than eighteen years of age... unless the physician performing the abortion has obtained the notarized written consent from one of her parents or her guardian.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=71","citation":"Neb. Rev. Stat. § 71-6902","quote":"No person shall perform an abortion upon a pregnant woman... unless... in the case of a woman who is less than eighteen years of age... the physician performing the abortion has obtained the notarized written consent from one of her parents or her guardian.","source_type":"statute","accessed":"Nebraska parental consent statutory framework, verified via secondary sources"}]},"judicial_bypass":{"title":"Judicial bypass available; 7-day deadline","summary":"A minor can petition a court for waiver of parental consent based on maturity, best interests, or evidence of abuse; the court must rule within 7 days.","description":"A minor who does not want to or cannot get parental consent can file a petition with the court asking a judge to authorize the abortion. The judge can grant the bypass if they find the minor is mature and well-informed enough to make the decision, or that an abortion without parental consent is in the minor's best interests, or that there is evidence the minor has been abused by a parent or guardian. The court must rule within 7 calendar days. The entire proceeding is confidential, the minor can use a pseudonym, and she has the right to a free attorney. If the court does not rule in time, the minor can ask the Nebraska Supreme Court for relief.","legal_analysis":"Neb. Rev. Stat. § 71-6903 provides the judicial bypass procedure. The court may authorize the abortion if it finds by clear and convincing evidence that the minor is 'sufficiently mature and well-informed to decide whether to have an abortion' (§ 71-6903(2)) or that there is evidence of abuse by a parent/guardian or that abortion without consent is in the minor's best interest (§ 71-6903(3)). The burden of proof is on the minor. The proceeding must be given precedence on the docket, and the court must rule within 7 calendar days (§ 71-6903(8)). If the court fails to rule, the minor may file a writ of mandamus with the Nebraska Supreme Court. The minor has the right to court-appointed counsel (§ 71-6903(7)). Appeal is to the Nebraska Supreme Court (§ 71-6904). The Nebraska Supreme Court has interpreted the statute in In re Petition of Anonymous 5, 286 Neb. 640 (2013) and In re Petition of Anonymous 1, 251 Neb. 424 (1997).","quote":"If the court finds, by clear and convincing evidence, that there is evidence of abuse... or that an abortion without the consent of a parent or a guardian is in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent... without the consent of a parent.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/nebraska/chapter-71/statute-71-6903","citation":"Neb. Rev. Stat. § 71-6903(3)","pinpoint":"subsection (3)","quote":"If the court finds, by clear and convincing evidence, that there is evidence of abuse... or that an abortion without the consent of a parent or a guardian is in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or a guardian.","source_type":"statute","accessed":"Text as displayed on Justia, 2025 edition"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice statute","summary":"Nebraska has no statute on the books requiring spousal or paternal consent or notice for an abortion.","description":"A married person in Nebraska does not need their spouse's permission or notification to obtain an abortion. The father of the pregnancy has no legal right to consent to or be notified about the abortion. Nebraska has never enacted a spousal consent or notice requirement for abortion.","legal_analysis":"Nebraska has no spousal consent, spousal notice, or paternal consent statute in its code. Missouri's spousal consent statute was struck down in Planned Parenthood v. Danforth, 428 U.S. 52 (1976), and spousal notice was invalidated in Planned Parenthood v. Casey, 505 U.S. 833 (1992). Nebraska was a party to neither case. No current Nebraska statute requires the father's consent or notification.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"No statute to enforce","summary":"Since Nebraska has no spousal or paternal consent/notice law, the Danforth/Casey enforceability questions do not arise; Dobbs does not independently create paternal rights.","description":"Because Nebraska has no spousal or paternal consent law, there is nothing to enforce or challenge. The U.S. Supreme Court's Dobbs decision does not create any paternal veto over abortion. The father of a fetus has no statutory right to prevent an abortion in Nebraska.","legal_analysis":"Under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), spousal consent requirements were held unconstitutional because 'the State cannot delegate to a spouse a veto power which the state itself is absolutely and totally prohibited from exercising during the first trimester of pregnancy.' Casey, 505 U.S. 833 (1992), reaffirmed that spousal notice constitutes an undue burden. While Dobbs eliminated the federal constitutional right to abortion, it did not create affirmative paternal rights. Nebraska has no spousal/paternal consent or notice statute, so the question does not arise. A future legislature could theoretically enact such a law and argue Dobbs abrogated Danforth, but no such bill has been introduced.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father may bring wrongful-death claim for fetus","summary":"Nebraska's wrongful-death statute permits an action for the death of an unborn child at any stage of gestation, but exempts the mother and consenting providers.","description":"Under Nebraska's wrongful-death law, if an unborn child dies due to someone else's wrongful act, a legal claim can be brought. This could theoretically include the father of the fetus as a potential beneficiary. However, the law specifically says no claim can be brought against the mother of the unborn child, against a physician who performed a medical procedure with consent, or against a person who lawfully dispensed a drug or device. This means the father cannot sue the mother for a lawful abortion.","legal_analysis":"Neb. Rev. Stat. § 30-809(1) authorizes a wrongful-death action for 'the death of a person, including an unborn child in utero at any stage of gestation.' However, § 30-809(2) explicitly exempts: '(a) The mother of the unborn child; (b) A physician or other licensed health care provider if the death was the intended result of a medical procedure performed by the physician or health care provider and the requisite consent was given; or (c) A person who dispenses or administers a drug or device in accordance with law if the death was the intended result.' These exemptions effectively bar wrongful-death claims based on lawful abortions. The Nebraska Supreme Court in Egbert v. Wenzl, 199 Neb. 573 (1977), held that a wrongful-death action for a stillborn fetus could not be maintained under the pre-amendment statute, but the legislature later amended § 30-809 to expressly include unborn children.","quote":"No action for damages for the death of a person who is an unborn child shall be brought under this section against: (a) The mother of the unborn child; (b) A physician or other licensed health care provider if the death was the intended result of a medical procedure performed by the physician or health care provider and the requisite consent was given.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809","citation":"Neb. Rev. Stat. § 30-809(2)(a)-(b)","pinpoint":"subsection (2)(a)-(b)","quote":"No action for damages for the death of a person who is an unborn child shall be brought under this section against: (a) The mother of the unborn child; (b) A physician or other licensed health care provider if the death was the intended result of a medical procedure performed by the physician or health care provider and the requisite consent was given.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide recognized; mother exempt","summary":"Nebraska recognizes homicide of an unborn child at any stage of development, but the statutes do not reach the pregnant woman or lawful abortion.","description":"Nebraska law makes it a crime to kill an unborn child — defined at any stage of development — through murder or manslaughter. These fetal homicide laws apply when a third party causes the death of a fetus, such as in an assault on a pregnant person. The laws do not apply to the pregnant person herself or to lawful medical procedures. A physician performing a legal abortion is not committing fetal homicide.","legal_analysis":"Nebraska recognizes three degrees of fetal homicide. Section 28-391: murder of an unborn child in the first degree (Class I or IA felony); § 28-392: murder of an unborn child in the second degree (Class IB felony); § 28-393: manslaughter of an unborn child (Class IIA felony). None of these statutes define 'unborn child,' but they operate independently of the abortion statutes. The Nebraska Supreme Court has not addressed whether these statutes implicitly exclude lawful abortion. The statutory scheme — which separately criminalizes illegal abortions while creating distinct fetal-homicide offenses — strongly implies that the fetal-homicide statutes do not reach lawful medical procedures. There is no express mother-carveout in the fetal-homicide chapter itself, though a mother cannot logically commit a crime of violence against a third party resulting in fetal death upon herself.","quote":"A person commits murder of an unborn child in the first degree if he or she in committing an act or engaging in conduct that causes the death of an unborn child...","note":"The fetal-homicide statutes do not define 'unborn child' — a gap that could be filled by the § 28-326(10) definition ('that condition of a woman who has unborn human life within her as the result of conception') or by case law.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-391","citation":"Neb. Rev. Stat. § 28-391(1)","pinpoint":"subsection (1)","quote":"A person commits murder of an unborn child in the first degree if he or she in committing an act or engaging in conduct that causes the death of an unborn child...","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"wrongful_death":{"title":"Wrongful-death action for fetus; mother/provider exempt","summary":"Nebraska authorizes civil wrongful-death actions for an unborn child at any stage of gestation, but with explicit exemptions for the mother, consenting providers, and lawful drug dispensers.","description":"Nebraska's wrongful-death law allows a lawsuit when an unborn child dies because of someone's wrongful act. The law covers a fetus at any stage of pregnancy. However, the law explicitly says no lawsuit can be brought against the pregnant person, against a doctor who performed a medical procedure with consent, or against someone who lawfully dispensed medication. This means that while a father could theoretically sue someone else for causing a miscarriage, he cannot sue the mother for having a lawful abortion.","legal_analysis":"Neb. Rev. Stat. § 30-809(1) includes 'an unborn child in utero at any stage of gestation' within the definition of 'person' for wrongful-death purposes. The exemptions in § 30-809(2) bar actions against the mother, consenting physicians/health care providers, and lawful drug dispensers when the death was the intended result. This creates a structure where the fetus is a 'person' for purposes of third-party liability — a drunk driver who kills a pregnant woman and her fetus can be sued for both deaths — but lawful abortion is completely insulated from civil liability.","quote":"Whenever the death of a person, including an unborn child in utero at any stage of gestation, is caused by the wrongful act, neglect, or default of any person...","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809","citation":"Neb. Rev. Stat. § 30-809(1)","pinpoint":"subsection (1)","quote":"Whenever the death of a person, including an unborn child in utero at any stage of gestation, is caused by the wrongful act, neglect, or default of any person...","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"personhood_definition":{"title":"No standalone personhood definition enacted","summary":"Nebraska has no statutory or constitutional provision declaring that life or personhood begins at conception; the closest is the constitutional provision protecting 'unborn children' in the second and third trimesters.","description":"Nebraska has not enacted a broad 'personhood' law declaring that life begins at fertilization. The closest thing is the state constitution's language, adopted in 2024, which says 'unborn children shall be protected from abortion in the second and third trimesters.' This is a time-limited protection, not a declaration that a fetus is a person for all legal purposes. The criminal code defines 'unborn child' for abortion purposes but does not grant full personhood. A 2026 ballot initiative (Choose Life Now) that would have defined a 'preborn child' as a person 'at every stage of development, beginning at fertilization' failed to collect enough signatures.","legal_analysis":"Nebraska has no statutory or constitutional provision that broadly defines 'person,' 'human being,' or 'child' to include the unborn for all legal purposes. Neb. Const. Art. I-31 provides: 'unborn children shall be protected from abortion in the second and third trimesters' — a time-limited, context-specific protection, not a general personhood declaration. The criminal code defines 'unborn child' in several places for specific purposes: § 28-326(10) defines 'pregnant' as 'that condition of a woman who has unborn human life within her as the result of conception,' and § 28-326(15) defines 'viability.' The fetal-homicide statutes use 'unborn child' without definition. The 2026 Choose Life Now ballot initiative, which would have amended the constitution to declare 'a preborn child is a person at every stage of development, beginning at fertilization,' failed to submit sufficient signatures.","quote":"unborn children shall be protected from abortion in the second and third trimesters.","verification":"verified","confidence":"high","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31","citation":"Neb. Const. Art. I, § 31","pinpoint":"Article I-31","quote":"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.","source_type":"constitution","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},"contradictions_analysis":"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. Simultaneously, the abortion code permits abortion before 12 weeks without restriction, and the mother is expressly exempted from liability under every abortion statute (§ 71-6917, § 28-347(3), § 28-3,108, § 28-328(3)). The wrongful-death law itself manages the tension by exempting the mother, consenting physicians, and lawful drug dispensers from liability. The constitutional amendment (Art. I-31) protects 'unborn children' from abortion only in the second and third trimesters, implying permissiveness in the first trimester. The net effect is that Nebraska law treats the unborn as a legal victim when harmed by third-party violence but not when abortion is the cause of death — a classic 'two-track' fetal personhood system that uses express statutory carve-outs to maintain the distinction rather than resolving the underlying philosophical contradiction."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth abortion prohibited","summary":"Nebraska's physician-presence requirement bans telehealth for abortion; the prescribing physician must be in the same room as the patient.","description":"Telehealth for abortion is not allowed in Nebraska. The law explicitly requires the physician to be physically present in the same room with the patient when performing or inducing an abortion, including for medication abortion. This means a Nebraska resident cannot have a video appointment and receive abortion pills prescribed by a Nebraska physician.","legal_analysis":"Neb. Rev. Stat. § 28-335(2) mandates that 'the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient.' This is a flat prohibition on telehealth prescribing by Nebraska-licensed physicians. Whether an out-of-state physician using telehealth to prescribe to a Nebraska patient violates Nebraska law is an unresolved question of personal jurisdiction and extraterritorial reach. Shield-law states' protections for their providers may conflict with Nebraska's jurisdictional claims, but no litigation has tested this directly in Nebraska courts.","quote":"No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance... is physically present in the same room with the patient.","note":"Out-of-state telehealth prescribing by shield-law-state providers into Nebraska is an unresolved legal question.","verification":"verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","citation":"Neb. Rev. Stat. § 28-335(2)","pinpoint":"subsection (2)","quote":"No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},"out_of_state_travel":{"title":"Travel for abortion permitted","summary":"Nebraska imposes no restriction on residents traveling out of state for abortion care, and no law purports to regulate out-of-state conduct.","description":"Nebraska residents can freely travel to another state to obtain an abortion that would be illegal in Nebraska after 12 weeks. The state has no law restricting or penalizing out-of-state travel for abortion. The 12-week ban only applies to abortions performed within Nebraska.","legal_analysis":"Nebraska's abortion laws are territorially limited. The Preborn Child Protection Act and the criminal-code abortion statutes regulate conduct within Nebraska's borders. The constitutional right to interstate travel (Saenz v. Roe, 526 U.S. 489 (1999)) provides an additional federal constitutional protection. No Nebraska official has suggested applying state law extraterritorially to residents who travel for abortion. Nebraska is, in practice, a destination state for patients from more restrictive neighboring states (e.g., Iowa's 6-week ban), as documented by 2024-2025 abortion statistics showing an influx of out-of-state patients.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; not a hostile interstate state","summary":"Nebraska has enacted neither a shield law to protect abortion providers from out-of-state investigations nor a law targeting cross-border abortion activity.","description":"Nebraska is not a 'shield' state — it has no law protecting abortion providers or patients from investigations or legal actions originating in other states. At the same time, Nebraska has not passed any law that tries to reach out and penalize abortion activity in other states. Nebraska occupies a middle ground: it restricts abortion within its own borders but has not joined the interstate legal battles over abortion.","legal_analysis":"Nebraska has not enacted shield-law legislation protecting in-state providers who serve out-of-state patients or protecting Nebraska patients who travel. Nebraska also has not enacted laws analogous to Texas's SB 8 or Idaho's abortion-trafficking statute that would seek to regulate out-of-state abortion conduct. Nebraska's stance is one of internal restriction without extraterritorial ambition. The state's general extradition and subpoena laws would apply to out-of-state requests, but no Nebraska-specific legislation addresses abortion-related interstate cooperation or non-cooperation.","verification":"not_applicable","confidence":"high"}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only coverage; Executive Order defunds providers","summary":"Nebraska Medicaid covers abortion only in cases of life endangerment, rape, or incest (Hyde Amendment categories); a 2025 Executive Order seeks to disenroll abortion providers from Medicaid.","description":"Nebraska's Medicaid program only pays for abortion in three narrow circumstances: when the pregnancy threatens the woman's life, or when the pregnancy resulted from rape or incest. This is the minimum required by federal law under the Hyde Amendment. Nebraska does not use state dollars to cover abortion beyond these categories. In November 2025, Governor Pillen signed an executive order directing the health department to review and disenroll abortion providers from the Medicaid program entirely.","legal_analysis":"Nebraska follows the federal Hyde Amendment minimum, covering abortion under Medicaid only in cases of life endangerment, rape, or incest. The state has not enacted broader coverage using state funds. Executive Order No. 25-16 (November 2025) directs the Division of Medicaid and Long-Term Care to review providers receiving Medicaid funds and disenroll those that have been excluded, disenrolled, or sanctioned by any state's Medicaid or CHIP program — a measure aimed at Planned Parenthood and other abortion providers. This executive order does not change the scope of covered services but rather targets which providers may participate in Medicaid.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Governor","href":"https://govdocs.nebraska.gov/docs/pilot/pubs/eofiles/25-16.pdf","citation":"Executive Order No. 25-16 (Nov. 2025)","quote":"The order directs the Division of Medicaid and Long-Term Care within the Department of Health and Human Services (DHHS) to review those providers receiving Medicaid funds and determine if those providers have been excluded, disenrolled, or sanctioned by a Medicaid or the Children's Health Insurance Program of any state.","source_type":"agency_guidance","accessed":"Text as reported by Governor's office and Nebraska Examiner"}]},"private_insurance":{"title":"Elective abortion coverage banned; riders required","summary":"Private insurance plans in Nebraska may not cover elective abortion; coverage is available only through a separately purchased rider for which an additional premium is paid.","description":"Private health insurance plans in Nebraska cannot cover elective abortions as part of standard coverage. If someone wants abortion coverage, they must purchase it as a separate, optional rider and pay an additional premium just for that coverage. This applies to all health insurance plans issued in Nebraska, including employer plans. Insurers cannot offer discounts or incentives for choosing abortion coverage.","legal_analysis":"Neb. Rev. Stat. § 44-8403(2) provides: 'No health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska shall provide coverage for an elective abortion except through an optional rider to the policy for which an additional premium is paid solely by the insured.' This applies to all health insurers, nonprofit health service corporations, group health insurers, HMOs, and employer self-funded plans. Section 44-8403(4) defines 'elective abortion' as an abortion 'other than a spontaneous abortion or that is performed for any reason other than to prevent the death of the female upon whom the abortion is performed.' Insurers are also prohibited from providing incentives or discounts to elect abortion coverage (§ 44-8403(3)).","quote":"No health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska shall provide coverage for an elective abortion except through an optional rider to the policy for which an additional premium is paid solely by the insured.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/nebraska/chapter-44/statute-44-8403","citation":"Neb. Rev. Stat. § 44-8403(2)","pinpoint":"subsection (2)","quote":"No health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska shall provide coverage for an elective abortion except through an optional rider to the policy for which an additional premium is paid solely by the insured.","source_type":"statute","accessed":"Text as displayed on Justia, 2025 edition"}]},"exchange_plans":{"title":"ACA exchange plans: no abortion coverage","summary":"Nebraska prohibits qualified health plans on the state's ACA exchange from covering any abortion except to save the woman's life or for medical complications.","description":"Health insurance plans sold through Nebraska's Affordable Care Act marketplace cannot cover abortion at all, except when necessary to prevent the patient's death or to treat medical complications from an abortion. This goes further than the private-insurance restriction: exchange plans cannot even offer an optional abortion rider.","legal_analysis":"Neb. Rev. Stat. § 44-8403(1) states: 'No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created pursuant to the federal Patient Protection and Affordable Care Act... within the State of Nebraska. This subsection shall not apply to coverage for an abortion which is verified in writing by the attending physician as necessary to prevent the death of the woman or to coverage for medical complications arising from an abortion.' This is a complete ban on exchange-plan abortion coverage beyond life-saving care, more restrictive than the rider requirement for off-exchange private plans.","quote":"No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created pursuant to the federal Patient Protection and Affordable Care Act... within the State of Nebraska.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/nebraska/chapter-44/statute-44-8403","citation":"Neb. Rev. Stat. § 44-8403(1)","pinpoint":"subsection (1)","quote":"No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created pursuant to the federal Patient Protection and Affordable Care Act... within the State of Nebraska.","source_type":"statute","accessed":"Text as displayed on Justia, 2025 edition"}]},"state_funding_of_providers":{"title":"State defunds abortion providers","summary":"Nebraska actively defunds abortion providers through Executive Order No. 25-16, which directs disenrollment of providers from Medicaid if they have been sanctioned by any state.","description":"Nebraska has taken steps to cut off state funding — particularly Medicaid dollars — from organizations that provide abortions. In November 2025, Governor Pillen signed an executive order directing the state health department to kick abortion providers out of the Medicaid program. While the state has a history of broader defunding efforts, the current mechanism is this executive order, which uses any state's prior Medicaid sanctions as grounds for Nebraska disenrollment.","legal_analysis":"Executive Order No. 25-16 (November 6, 2025) directs DHHS's Division of Medicaid and Long-Term Care to review abortion providers and disenroll those excluded, disenrolled, or sanctioned by any state's Medicaid or CHIP program. This targets Planned Parenthood — Nebraska's primary abortion provider — by leveraging out-of-state actions. Nebraska has no broader statutory defunding law comparable to Texas's defunding statute, but the executive order achieves similar practical effects. LB 715 (2025-2026 session), which would have eliminated the prohibition on publicly funded insurance coverage for abortion, has not passed.","note":"The executive order's legality may face challenges under the Medicaid Act's freedom-of-choice provision (42 U.S.C. § 1396a(a)(23)), which guarantees beneficiaries the right to choose any qualified provider. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Nebraska Governor's Office","href":"https://governor.nebraska.gov/governor-pillen-signs-executive-order-restricting-taxpayer-dollars-abortion-providers","citation":"Nebraska Governor Executive Order No. 25-16 (Nov. 6, 2025)","quote":"Governor Jim Pillen signed an executive order placing restrictions on abortion providers from receiving taxpayer dollars.","source_type":"agency_guidance","accessed":"Governor's press release, November 6, 2025"}]}}},"penalties":[{"actor":"Physician — 12-week ban violation","offense":"Unlawful abortion under Preborn Child Protection Act (§ 71-6915)","penalty":"Automatic license revocation under Uniform Credentialing Act (§ 38-193(2)). Not independently criminal (AG Opinion No. 2934).","verification":"verified","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=38-193","citation":"Neb. Rev. Stat. § 38-193(2)","pinpoint":"subsection (2)","quote":"If the director finds such a violation, the director shall enter an order revoking the licensee's credential.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},{"actor":"Physician — 20-week ban violation","offense":"Intentional or reckless abortion after 20 weeks post-fertilization (§ 28-3,106)","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine, or both; no mandatory minimum (§ 28-105).","verification":"verified","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,108","citation":"Neb. Rev. Stat. § 28-3,108","pinpoint":"entire section","quote":"Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of section 28-3,106 is guilty of a Class IV felony.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},{"actor":"Physician — D&E ban violation","offense":"Intentional and knowing dismemberment abortion (§ 28-347)","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine (§ 28-347.04).","verification":"semi_verified","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347.04","citation":"Neb. Rev. Stat. § 28-347.04","pinpoint":"entire section","quote":"The intentional and knowing performance of an unlawful dismemberment abortion in violation of section 28-347 is a Class IV felony.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]},{"actor":"Physician — partial-birth abortion","offense":"Intentional and knowing partial-birth abortion (§ 28-328)","penalty":"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. § 1531 applies with up to 2 years imprisonment.","verification":"verified","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-328","citation":"Neb. Rev. Stat. § 28-328(2), (4)","pinpoint":"subsection (2)","quote":"The intentional and knowing performance of an unlawful partial-birth abortion in violation of subsection (1) of this section is a Class III felony.","source_type":"statute","accessed":"Statute annotated as unconstitutional; federal ban operative"}]},{"actor":"Non-physician performing abortion","offense":"Performing abortion by person other than licensed physician (§ 28-335(1))","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine.","verification":"verified","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","citation":"Neb. Rev. Stat. § 28-335(1)","pinpoint":"subsection (1)","quote":"The performing of an abortion by any person other than a licensed physician is a Class IV felony.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},{"actor":"Physician — telehealth/physical-presence violation","offense":"Performing or inducing abortion without physical presence in same room (§ 28-335(2))","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine.","verification":"verified","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","citation":"Neb. Rev. Stat. § 28-335(2)","pinpoint":"subsection (2)","quote":"Any person who knowingly or recklessly violates this subsection shall be guilty of a Class IV felony.","source_type":"statute","accessed":"Text as displayed on FindLaw, 2024 edition"}]},{"actor":"Pregnant woman","offense":"Not subject to penalty under Preborn Child Protection Act, D&E ban, 20-week ban, partial-birth ban, or physician-presence requirement","penalty":"None. Expressly exempted by § 71-6917, § 28-347(3), § 28-3,108, § 28-328(3), § 28-335(2).","verification":"verified","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917","citation":"Neb. Rev. Stat. § 71-6917","pinpoint":"entire section","quote":"No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.","source_type":"statute","accessed":"Text as displayed on Nebraska Legislature website July 2026"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court decides Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and Planned Parenthood v. Casey. Nebraska's abortion statutes become the operative law without federal constitutional overlay.","citations":[{"name":"U.S. Supreme Court","href":"https://www.law.cornell.edu/supremecourt/text/19-1392","citation":"Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022)","pinpoint":"slip op. at 69","quote":"The Constitution does not confer a right to abortion; Roe and Casey are overruled.","source_type":"case","accessed":"June 24, 2022"}]},{"date":"2023-04-25","event":"Nebraska Attorney General issues Opinion No. 2934, concluding that violations of the proposed Heartbeat Act (LB 626) would not become crimes under § 28-336 and that law-enforcement reporting for sexual assault exceptions may be satisfied before or after an abortion.","citations":[{"name":"Nebraska Attorney General","href":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf","citation":"Neb. Att'y Gen. Op. No. 2934 (April 25, 2023)","pinpoint":"p. 1","quote":"We conclude that violations of the Act would not become crimes under § 28-336.","source_type":"ag_opinion","accessed":"April 25, 2023"}]},{"date":"2023-05-22","event":"Governor Jim Pillen signs LB 574, the Preborn Child Protection Act, banning abortion at 12 weeks gestational age. The ban takes effect immediately. LB 574 also includes the Let Them Grow Act restricting gender-affirming care for minors.","citations":[{"name":"Nebraska Legislature","href":"https://governor.nebraska.gov/press/governor-pillen-signs-lb574-law-abortion-ban-takes-effect-immediately","citation":"LB 574, 108th Leg., 1st Sess. (Neb. 2023)","quote":"The bill includes a 12-week abortion ban, which takes effect immediately.","source_type":"statute","accessed":"Governor's press release, May 22, 2023"}]},{"date":"2024-07-26","event":"Nebraska Supreme Court upholds LB 574 against single-subject constitutional challenge in Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217.","citations":[{"name":"Nebraska Supreme Court / Justia","href":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html","citation":"Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217 (2024)","pinpoint":"slip op.","quote":"We conclude that LB 574 does not violate the single-subject requirement of Neb. Const. art. III, § 14.","source_type":"case","accessed":"July 26, 2024"}]},{"date":"2024-10-28","event":"DHHS issues Health Alert Network Advisory clarifying the Preborn Child Protection Act, confirming that no disciplinary action has been taken for violations in nearly two years, and emphasizing that the medical emergency exception does not require immediacy.","citations":[{"name":"Nebraska DHHS","href":"https://dhhs.ne.gov/han%20Documents/ADVISORY10282024.pdf","citation":"DHHS Health Alert Network Advisory (Oct. 28, 2024)","pinpoint":"p. 2","quote":"The act does not require a medical emergency to be immediate... This law has been in place for nearly two years and no disciplinary action has taken place for violations of the Preborn Child Protection Act.","source_type":"agency_guidance","accessed":"October 28, 2024"}]},{"date":"2024-11-05","event":"Nebraska voters approve Initiative 434 (Protect Women and Children Constitutional Amendment), enshrining the 12-week abortion ban in Article I-31 of the state constitution, and reject Initiative 439, which would have created a constitutional right to abortion until viability.","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31","citation":"Neb. Const. Art. I, § 31","pinpoint":"Article I-31","quote":"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.","source_type":"ballot_measure","accessed":"Adopted November 5, 2024"}]},{"date":"2025-11-06","event":"Governor Pillen signs Executive Order No. 25-16 directing DHHS to disenroll abortion providers from Nebraska's Medicaid program based on any state's prior sanctions, effectively defunding Planned Parenthood and other providers.","citations":[{"name":"Nebraska Governor","href":"https://governor.nebraska.gov/governor-pillen-signs-executive-order-restricting-taxpayer-dollars-abortion-providers","citation":"Neb. Exec. Order No. 25-16 (Nov. 6, 2025)","quote":"Governor Jim Pillen signed an executive order placing restrictions on abortion providers from receiving taxpayer dollars.","source_type":"agency_guidance","accessed":"November 6, 2025"}]},{"date":"2026-07-06","event":"The Choose Life Now ballot initiative, which would have enacted a total abortion ban with fetal-personhood language, fails to submit the required number of signatures by the deadline.","citations":[{"name":"Nebraska Examiner","href":"https://nebraskaexaminer.com/2026/07/06/effort-to-enact-total-abortion-ban-in-nebraska-fails-to-submit-signatures-for-a-ballot-initiative","citation":"Nebraska Examiner, July 6, 2026","quote":"A ballot initiative that would have asked Nebraska voters to add a total ban on abortions to the state's constitution will not be on the November ballot after failing to submit signatures needed.","source_type":"secondary","accessed":"July 6, 2026"}]}],"pending_changes":[{"name":"Protect Our Rights 2026 Ballot Initiative","type":"ballot_measure","status":"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.","effect":"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 measure would protect abortion until viability or when necessary to protect the patient's life or health.","citations":[{"name":"League of Women Voters of Nebraska","href":"https://lwvnebraska.org/deadline-nears-to-collect-signatures-for-protect-our-rights-petition","citation":"League of Women Voters of Nebraska, 'Deadline nears to collect signatures for Protect Our Rights petition' (June 2026)","quote":"The Protect Our Rights ballot initiative, which aims to protect the fundamental right to abortion in Nebraska, is rapidly approaching its July 3 signature turn-in deadline.","source_type":"secondary","accessed":"June 2026"}]},{"name":"LB 1109 — Fatal Fetal Anomaly Exception","type":"legislation","status":"Introduced in the 2025-2026 legislative session; not yet enacted.","effect":"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.","citations":[{"name":"BillTrack50","href":"https://www.billtrack50.com/billdetail/1671624","citation":"LB 1109, 109th Leg., 1st Sess. (Neb. 2025)","quote":"This bill provides an exception under the Preborn Child Protection Act to allow an abortion after twelve weeks in the case of a fatal fetal anomaly.","source_type":"statute","accessed":"Bill summary"}]},{"name":"LB 632 — Abortion Remains Disposition Requirement","type":"legislation","status":"Advanced through first round of debate in 2025 session; stalled as session ended; could be revived.","effect":"Would require health care facilities to dispose of remains from procedural abortions by cremation or burial. Imposes additional regulatory burden on abortion providers.","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59547","citation":"LB 632, 109th Leg., 1st Sess. (Neb. 2025)","quote":"Require a health care facility to dispose of the remains of aborted unborn children.","source_type":"statute","accessed":"Bill summary"}]},{"name":"LB 715 — Repeal Insurance Coverage Prohibitions","type":"legislation","status":"Introduced 2025-2026 session; not enacted.","effect":"Would eliminate the prohibition on publicly funded insurance coverage for abortion and repeal the Mandate Opt-Out and Insurance Coverage Clarification Act. Would allow Medicaid and public employee plans to cover abortion.","citations":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=46968","citation":"LB 715, 109th Leg., 1st Sess. (Neb. 2025)","quote":"Eliminate the prohibition regarding publicly funded insurance coverage for abortion and repeal the Mandate Opt-Out and Insurance Coverage Clarification Act.","source_type":"statute","accessed":"Bill summary"}]}],"key_authorities":[{"name":"Nebraska Constitution Article I-31","citation":"Neb. Const. Art. I, § 31","type":"constitution","url":"https://nebraskalegislature.gov/laws/articles.php?article=I-31","why":"Constitutional provision adopted November 2024 that enshrines the 12-week abortion ban with exceptions for medical emergency, rape, and incest. Any future statutory changes to the 12-week limit would require a new constitutional amendment."},{"name":"Preborn Child Protection Act","citation":"Neb. Rev. Stat. §§ 71-6914 to 71-6917","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","why":"The primary operative gestational ban: prohibits abortion at 12 or more weeks with exceptions for medical emergency, sexual assault, and incest. Enforced through professional discipline, not criminal prosecution."},{"name":"Informed Consent Law","citation":"Neb. Rev. Stat. § 28-327","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327","why":"Comprehensive informed consent statute requiring 24-hour waiting period, state-scripted counseling, ultrasound protocols, and risk-factor evaluation."},{"name":"Physician-Only and Physical-Presence Law","citation":"Neb. Rev. Stat. § 28-335","type":"statute","url":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","why":"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."},{"name":"D&E/Dismemberment Abortion Ban","citation":"Neb. Rev. Stat. §§ 28-347 to 28-347.04","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347","why":"Method-specific ban on dilation and evacuation abortion at any stage of pregnancy, with medical emergency exception. Class IV felony. Exempts pregnant woman, non-physician staff, and pharmacists."},{"name":"20-Week Post-Fertilization Ban","citation":"Neb. Rev. Stat. §§ 28-3,106 to 28-3,108","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,106","why":"Nebraska's pre-existing gestational limit, now largely superseded by the stricter 12-week ban; remains in effect as a backstop."},{"name":"Mother Exemption (Preborn Child Protection Act)","citation":"Neb. Rev. Stat. § 71-6917","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917","why":"Expressly exempts the pregnant woman from all liability under the Preborn Child Protection Act — the most important single sentence in Nebraska abortion law."},{"name":"Parental Consent Law","citation":"Neb. Rev. Stat. §§ 71-6901 to 71-6909","type":"statute","url":"https://law.justia.com/codes/nebraska/chapter-71/statute-71-6903","why":"Requires notarized written consent of one parent for minors; provides judicial bypass with 7-day deadline, confidentiality, and right to counsel."},{"name":"Fetal Homicide Laws","citation":"Neb. Rev. Stat. §§ 28-391 to 28-394","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-393","why":"Creates separate homicide offenses for killing an unborn child, creating tension with the permissive early-pregnancy abortion framework."},{"name":"Wrongful Death for Unborn Child","citation":"Neb. Rev. Stat. § 30-809","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809","why":"Treats an unborn child at any stage of gestation as a 'person' for civil wrongful-death purposes, while exempting the mother and consenting providers."},{"name":"Insurance Coverage Restrictions","citation":"Neb. Rev. Stat. § 44-8403","type":"statute","url":"https://law.justia.com/codes/nebraska/chapter-44/statute-44-8403","why":"Bans abortion coverage in ACA exchange plans and requires an optional rider for all private plans, with separate premium."},{"name":"Planned Parenthood of the Heartland v. Hilgers","citation":"317 Neb. 217 (2024)","type":"case","url":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html","why":"Nebraska Supreme Court decision upholding LB 574 against single-subject challenge, confirming the enforceability of the 12-week ban."},{"name":"Stenberg v. Carhart","citation":"530 U.S. 914 (2000)","type":"case","url":"https://www.law.cornell.edu/supremecourt/text/99-830","why":"U.S. Supreme Court decision striking down Nebraska's partial-birth abortion ban as unconstitutional; the ban remains on the books but unenforceable."},{"name":"Attorney General Opinion No. 2934","citation":"Neb. Att'y Gen. Op. No. 2934 (April 25, 2023)","type":"ag_opinion","url":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf","why":"Clarifies that Preborn Child Protection Act violations are not criminal under § 28-336 and that sexual-assault law-enforcement reporting may occur before or after an abortion."},{"name":"Initiative 434 — Protect Women and Children","citation":"2024 Neb. Laws, Initiative 434","type":"ballot_measure","url":"https://sos.nebraska.gov/sites/default/files/doc/Protect%20Women%20and%20Children%20Constitutional%20Amendment.pdf","why":"The ballot measure approved by voters that added Article I-31 to the Nebraska Constitution, permanently constitutionalizing the 12-week abortion ban."}],"research_notes":{"overall_confidence":"high","editor_notes":"Re-verify the status of the Protect Our Rights 2026 ballot initiative after the July 3, 2026 signature deadline. Confirm that § 28-327's 24-hour waiting period is the version currently in effect (the annotated Nebraska Legislature site references the 1979 injunction of the old 48-hour version). Check whether LB 632 (abortion remains disposition) or any other abortion bill advanced in the 2026 legislative session after the research date. Verify that no new litigation has been filed challenging the 12-week ban on state constitutional grounds after the passage of Initiative 434.","gaps":["The precise gestational measurement method for '12 or more weeks' under § 71-6915 is not specified in the statute itself; the DHHS advisory and external sources indicate measurement from last menstrual period, but the statutory text uses 'probable gestational age' without defining the measurement standard. Confirmation from administrative rule or official DHHS guidance would strengthen this finding.","Whether the viability ban at § 28-329 (using 'life or health of the mother' without the word 'physical') provides a broader health exception than the Preborn Child Protection Act is ambiguous. The two statutes overlap and may conflict.","The status of the Protect Our Rights 2026 ballot initiative was not definitively confirmed as qualified or failed as of the research date. Multiple sources indicated the July 3, 2026 signature deadline, but results were not in search results.","The interaction between Nebraska's physical-presence requirement and out-of-state shield-law providers has not been litigated in Nebraska courts. The analysis represents a best-guess legal assessment.","The status of the 1979 version of § 28-327 (48-hour waiting period) — whether the permanent injunction from Womens Services, P.C. v. Thone applies to the current § 28-327 or only to the superseded 1979 language — warrants verification by a Nebraska-licensed attorney."]}}