Know Your Rights: Accessing Abortion Care

Although abortion is legal in Nebraska, there are many restrictions on abortion care that have been designed by anti-abortion politicians to push care farther and farther out of reach for more Nebraskans.

• No abortions may be performed beyond 12 weeks gestational age, which is 12 weeks from the first day of the last menstrual period, except in cases where the pregnant person’s life is in danger or they are facing a significant risk of bodily harm. There are also exceptions for pregnancies resulting from rape or incest.
• Telemedicine cannot be used to administer medication abortion.
• Nebraskans 17 and under must get consent from a guardian before an abortion or must go through the judicial bypass process to get permission from a court to have an abortion without parental consent.
• Patients must receive state-directed counseling (usually a prerecorded message will be played, or a sheet will be read to the patient) and then wait 24 hours before the procedure is provided.
• A common second-trimester abortion method is banned.

With Nebraska's farthest west clinic being in Lincoln, access to abortion care is already difficult if not impossible or many Nebraskans. If you are in need of monetary support to pay for your abortion and related expenses, Nebraska Abortion Resources (NEAR) provides financial assistance and may be able to help.

Most young women involve their parents or guardians in their decision to get an abortion, but you may not be able to involve them or you may choose not to involve them. If you are 18 or older, you don’t have to tell anyone about your decision or get anyone’s permission. If you are 17 or younger, Nebraska requires you to get consent in writing from at least one parent or guardian before you can have an abortion.

However, laws like this must allow for an exception to the general rule. The most common exception is called a “judicial bypass," a court order that allows you to have an abortion without getting permission from a parent or guardian. Although the process for getting a judicial bypass order is designed to work quickly, it can take longer than you planned, so it is best to start the process as soon as possible.

The first step in getting a judicial bypass order is filing a Petition for Waiver of Parental Consent. Nebraska law requires that every courthouse have this form available and displayed in the open so that you don’t have to ask anyone for it. Filing the petition means filling out the form and returning it to the clerk of the court either by mailing it in or dropping it off. It is important to note that you can file the petition in any county in Nebraska. You do not have to file in the county where you live.

After you file the petition to get a judicial bypass order, there will be a hearing scheduled. Make plans for reliable transportation to and from your hearing. If you go to the hearing and have not yet been assigned a lawyer, ask the judge to assign you one right away because the law says you get a free lawyer to help with your case.

Your lawyer will prepare you for the hearing. They will make sure you are ready for all of the questions they plan to ask you at the hearing. Your lawyer will also prepare you for questions the judge might ask you during the hearing.

The following is a list of things you should be prepared to talk about at the hearing:

• Pros and cons of all alternatives to abortion, and why you have chosen abortion instead of the alternatives.
• All possible side effects and complications of having an abortion.
• Your finances (job, money saved, bank account, etc.)
• Experience you have in managing your finances
• Why you have chosen to have an abortion and why you feel it is the right choice for you.
• Why it is in your best interest not to get your parent’s consent for the procedure (for example, you are worried about your safety)
• Your grades and future plans (for example, do you plan to go to college? What career do you want to have?)
• Any past or present work experience.
• Any experience you have living on your own.
• Any discussions you have had with adults (such as siblings, doctors, counselors etc.) about your options and what conclusions you’ve drawn from these discussions.
• Any other evidence relating to your emotional development, maturity, intellect, and understanding.
• Anything else you feel shows your maturity and that you are aware of the importance of your decision and have fully thought through your options.

Although some of these things may be hard to talk about, the judge is trying to decide if they feel you are mature enough to choose to have an abortion without telling your parents and getting their permission. The judge is also trying to see if you have fully considered all of your options. The judge might ask you about things that are not on this list to help them decide. Practice answering these questions out loud with your lawyer before the hearing to help you calm your nerves and present your case.

• Waiver of Parental Consent for Abortion for Minors forms
• Nebraska Case Law Snapshot: Judicial Bypass
• Planned Parenthood of the Heartland
• Information about Parental Consent and Notification Laws
• Information about your rights and responsibilities as a young adult in Nebraska

If you need help getting an attorney to help you with your case, contact the ACLU of Nebraska at gethelp@aclunebraska.org.