Abortion & Contraception         Clinic of Nebraska

Caring for women for more than twenty years with

KINDNESS, COURTESY, JUSTICE, LOVE and RESPECT

CLICK LOGO

To hear religious leaders speak about Religion and Abortion

Abortion Parental Notification Law

If you will not be eighteen by the time of your appointment for an abortion, the NEBRASKA PARENTAL NOTIFICATION LAW applies to you!   Even if you live in another state or country, whether or not your home state or country has such a law, you must comply with the Nebraska Law.   This law applies to medical, as well as surgical, abortions.  The Nebraska Law requires that the doctor at the clinic where you will have your abortion, NOTIFY one parent or legal guardian, chosen by you, that you are to have an abortion.

IF YOU PLAN TO TELL YOUR PARENT(S) this Law presents no problem. If your parent(s) or court appointed guardian is(are) coming with you, they can sign a statement, at the clinic, that they were notified in compliance with the Law.

If a parent or guardian can not accompany you to the clinic you still have several choices:

• You or your Doctor can talk to your parent(s) or guardian and notify them that you will have an abortion.  As proof that this discussion occurred, your parent(s) or guardian must sign, in front of a NOTARY PUBLIC, or your state's equivalent, a PARENTAL NOTIFICATION AFFIDAVIT.  This form is available from our office by mail, fax or may be downloaded from this site.  No matter how you obtain the form you must bring the original signed and notarized form with you, on the day you come for your appointment or we cannot help you that day.
• Our Doctor can send a written notification to the parent or legal guardian of your choice by the U.S. certified mail, return receipt requested with restricted delivery, to the address of your parent.  This notice must be sent at least 72 hours before your appointment.

IF YOU DO NOT WISH TO TELL YOUR PARENT the NEBRASKA PARENTAL NOTIFICATION LAW provides an option for a judicial waiver of notification.  To obtain this waiver you must go to an appropriate county courthouse  and fill out a request for judicial bypass.  If you live in Nebraska you may go to the county courthouse where you live or to any county that borders your home county.  You may also go to the county courthouse in the county where the clinic is located (SARPY) or any county that surrounds Sarpy County.  The Nebraska law requires that the forms be placed in a conspicuous place in the Juvenile Court Clerk's Office and to have detailed information on how to complete it.  If you cannot find the form, or need help filling it out, the clerk of the court will help you  If you do not live in Nebraska you may go to the courthouse of the nearest Nebraska county to you or to the Sarpy County Courthouse.

 

The Clerk or the Judge will advise you that you have the right to have a court appointed lawyer help you with your request.  This help is free to you.  You may also request to represent yourself; however, the judge may appoint a "guardian ad-litem" to assist you and tell the judge what he or she thinks is best for you.   An appointment will be made for you to meet privately with the judge.  At this meeting  you, your lawyer, if you have one, and the guardian ad-litem will be present.  You may also request to have anyone else with you that you wish.

 

If the judge decides you are mature and capable of understanding and giving an informed consent for the abortion, or if the judge decides that not involving a parent is in your best interest, s/he will grant you the waver.  The judge may decide this while you are in her/his office or s/he may take up to one week to make a decision.  The judge will give you a decision in writing.  He will also provide copies to your attorney and guardian ad litem as well as anyone else you wish to receive a copy.  You will need to bring an original copy, bearing the court seal, when you come for you appointment.

 

For your convenience a copy of the request and the instructions to complete it are included in this web site, you may click here or at the button on the left.

 

 

 

 

 

 

If the judge denies your request or fails to reach a decision within seven days you may appeal to the Nebraska Supreme Court.  This appeal, as well as any additional legal counsel the State of Nebraska provides, is free to you.  Again, all that transpires is confidential.

 

There are many questions the judge may ask during the interview.  These may include: When did you discover you were pregnant?  Why do you feel it is not in your, or possibly your parents, best interests to tell them you are pregnant?  How much do you know about pregnancy, what it means to abort a pregnancy, what it could mean to parent, what if you were to adopt or ask for a court appointed foster parent for your child?  How did you come to your decision to have an abortion?  What other major decisions have you had to make?  Who have you discussed the pregnancy and your decision to abort with?  What do you think would happen if you told a parent?  Do you go to school..., which grade are you in..., where..., what kind of grades do you get?  Do you have plans for additional education after high school?  What were you using for birth control?  What will you do to keep from getting pregnant in the future?   How do you plan to pay for this abortion?  Do you work?  How much do you make?  The better prepared you are to answer these and additional questions, the more likely the judge will grant the waiver.

 

If you need help, or wish us to help find a lawyer to help you without charge please call 1-(800)737-3845.