Is Abortion Legal in Nebraska?
Abortion is legal in Nebraska until 12 weeks of pregnancy. After that, state law allows it only in a medical emergency or when the pregnancy results from sexual assault or incest (Neb. Rev. Stat. 71-6915).
Key facts
- The limit is 12 weeks, counted from the first day of the last menstrual period.
- In 2024, 54.94% of voters approved a constitutional amendment protecting the second and third trimesters, with the same exceptions.
- State law requires a 24-hour wait and the physician’s presence in the room, including for abortion medication.
The Nebraska 12-Week Limit
A 2023 law, LB 574, bars a physician from performing an abortion once the probable gestational age is 12 weeks or more. The physician must first determine and record the gestational age (71-6915).
Gestational age is counted from the first day of the last menstrual period. The law’s definition of abortion does not include removing an ectopic pregnancy or removing the remains after a pregnancy loss (71-6914).
The 2024 Abortion Ballot Measures
Nebraska voted on two competing abortion amendments on November 5, 2024, and approved one. Initiative 434 added this to the state constitution: “unborn children shall be protected from abortion in the second and third trimesters,” except for a medical emergency, sexual assault or incest (Neb. Const. art. I, sec. 31).
Nebraska's 2024 abortion amendments, certified results
Source: Ballotpedia, certified results
The constitutional amendment covers the second and third trimesters; the earlier 12-week limit in state law still applies (Ballotpedia, Initiative 434; Initiative 439).
Other Nebraska Abortion Rules
Several other state laws apply before the 12-week limit.
Other Nebraska abortion rules
Source: Nebraska Revised Statutes, on the Nebraska Legislature's site
Read the statutes: 28-327, 71-6902 and 28-335.
Nebraska Abortion Law by Situation
Nebraska abortion rules for your situation
- Abortion is legal, after a 24-hour wait from receiving state-required information.
- A physician must be present in the room, including for abortion medication.
- State law allows abortion only for a medical emergency, sexual assault or incest.
- Our abortion laws by state page lists the rules in other states.
- You need your own and one parent’s or guardian’s notarized written consent.
- A judge can authorize an abortion without a parent’s consent.
Our abortion laws by state page compares every state.
Nebraska Abortion Questions
Is abortion legal in Nebraska?
Yes, until 12 weeks of pregnancy, counted from the first day of the last menstrual period. After that, state law allows it only in a medical emergency or when the pregnancy results from sexual assault or incest.
What did Nebraska voters decide on abortion in 2024?
Voters approved Initiative 434, with 54.94%, which put protection from abortion in the second and third trimesters into the state constitution, with the same three exceptions. Initiative 439, a right to abortion until viability, failed with 49.01% yes.
Does Nebraska have a waiting period for abortion?
Yes. The patient must receive state-required information at least 24 hours before the abortion, except in an emergency.
Can a minor get an abortion in Nebraska without a parent?
A patient under 18 needs her own and one parent’s or a legal guardian’s notarized written consent, unless an exception in state law applies, including a route through the courts.
What You Can Do
- Know the limit and the wait: 12 weeks, with information at least 24 hours ahead.
- Compare other states on our abortion laws by state page.
- Read the statutes yourself on the Nebraska Legislature’s site.
- Vote on November 3. See our Nebraska governor race guide.