Nebraska ‘Dismemberment Abortion’ Ban (LB 767)

LB 767 would prohibit “dismemberment abortion” procedures in the state of Nebraska, except in an emergency situation.

The bill defines “dismemberment abortion” as to purposely dismember “a living ‘unborn child’ and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the ‘unborn child’s’ body to cut or rip it off.”

The definition also includes “an abortion in which a dismemberment abortion causes the death of an ‘unborn child’ but suction is subsequently used to extract fetal parts after the death of the ‘unborn child.'”

A cause of injunctive relief against a physician who performs or attempts to perform a “dismemberment abortion” may be maintained by:

• The pregnant woman;
• A spouse, parent, guardian of, or former or current physician of, the pregnant woman; or
• A prosecuting attorney with appropriate jurisdiction.

A cause of action for civil damages against a physician who performs or attempts to perform a “dismemberment abortion” may be maintained by:

• The pregnant woman;
• The father of the “unborn child” if married at the time of the procedure; or
• The maternal grandparents of the “unborn child” if the pregnant woman is a minor.

---

People