State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-3_106

28-3,106. Abortion; performance; restrictions.No person shallperform or induce or attempt to perform or induce an abortion upon a womanwhen it has been determined, by the physician performing or inducing the abortionor by another physician upon whose determination that physician relies, thatthe probable postfertilization age of the woman's unborn child is twenty ormore weeks unless, in reasonable medical judgment (1) she has a conditionwhich so complicates her medical condition as to necessitate the abortionof her pregnancy to avert her death or to avert serious risk of substantialand irreversible physical impairment of a major bodily function or (2) itis necessary to preserve the life of an unborn child. No such condition shallbe deemed to exist if it is based on a claim or diagnosis that the woman willengage in conduct which would result in her death or in substantial and irreversiblephysical impairment of a major bodily function. In such a case, the physicianshall terminate the pregnancy in the manner which, in reasonable medical judgment,provides the best opportunity for the unborn child to survive, unless, inreasonable medical judgment, termination of the pregnancy in that manner wouldpose a greater risk either of the death of the pregnant woman or of the substantialand irreversible physical impairment of a major bodily function of the womanthan would another available method. No such greater risk shall be deemedto exist if it is based on a claim or diagnosis that the woman will engagein conduct which would result in her death or in substantial and irreversiblephysical impairment of a major bodily function. SourceLaws 2010, LB1103, § 5.Operative Date: October 15, 2010