Restrictions on Young Women's Access to Abortion
Nebraska law restricts young women's access to abortion.
Is the law enforceable? Yes.
Who is considered a minor? A young woman under the age of 18 who is not emancipated.
What is required - parental consent or parental notice? Notarized consent.
Who must give consent? One parent.
Are there other trusted adults who may give consent instead? Yes. If the young woman declares in writing that she has survived sexual or child abuse by one of her parents, the attending physician can obtain notarized written consent from one of her grandparents.
What is the process for providing notification? A young woman may not obtain an abortion until the attending physician has obtained notarized parental consent.
May the parental mandate be waived if a young woman is a survivor of rape or incest? Yes, by declaring to the proper authorities that she is a victim of sexual abuse.
May the parental mandate be waived if a young woman is a survivor of child abuse? Yes, by declaring to the proper authorities that she is a victim of abuse or neglect.
May the parental mandate be waived if a young woman's health is threatened? Yes.
May the parental mandate be waived under any other circumstances? Yes, the young woman may try to obtain permission from a judge.
If a young woman must obtain permission from a judge, what is the process? She must secure a court order stating either that she is sufficiently mature and well-informed to give consent or that an abortion without parental consent is in her best interests. The minor must prove her case by clear and convincing evidence. In re Petition of Anonymous 1, 558 N.W.2d 784 (Neb. 1997).
Are there other significant requirements under the law? No.
Has a court considered the constitutionality of this law? No.
Other information about the law: None.
Neb. Rev. Stat. §§ 71-6901 to -6905, -6907 (Enacted 1991), -6906 (Enacted 1991; Last Amended 2005), -6908 (Enacted 1991; Last Amended 2011).