Nevada residents may not even know it exists, but a law on the books for 30 years requires girls younger than 18 to tell at least one of their parents before getting an abortion. The law has never been enforced after a successful legal challenge.
The 1985 parental notification law passed the Nevada Assembly on a 33-8 vote and the Nevada Senate 18-3. It was immediately challenged by Planned Parenthood and a Reno doctor. In 1991, the 9th U.S. Circuit Court of Appeals found the law unconstitutional in the case of Glick v. McKay.
The abortion issue has been settled law in Nevada for decades, primarily because voters in 1990 approved the Freedom of Choice Act. That law upheld a Nevadan’s right to have an abortion even if the U.S. Supreme Court’s 1973 Roe v. Wade decision is overturned. All states can restrict abortion in some ways, most often by prohibiting abortions in the third trimester.
Learn more about Nevada abortion laws in the following table. See FindLaw's Reproductive Rights section for additional articles and resources.
|Code Section||§§442.240 to 270|
|Statutory Definition of Illegal Abortion||Termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial support or to remove a dead fetus|
|Statutory Definition of Legal Abortion||Only within first 24 weeks unless necessary to preserve life, health of mother|
|Penalty for Unlawful Abortion||Violation of notice or consent statutes: misdemeanor; failure to take steps to preserve life of infant: M.D. liable for malpractice and wrongful death|
|Consent Requirements||Informed consent of mother, certified by M.D.; if mother under 18, unemancipated and unmarried, actual notice to parent/guardian required before procedure unless immediately necessary to protect life, health of minor; if actual notice is unsuccessful, then M.D. must delay abortion until s/he has notified parent by certified mail; court may authorize abortion if mature or in minor's best interest|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||Licensed M.D. who must exercise "best clinical judgment"; licensed hospital after 24th week and records of mother must contain facts upon which M.D. based decision that continued pregnancy would endanger life, health of mother|
Note: State laws are constantly changing -- contact a Nevada constitutional law attorney or conduct your own legal research to verify the state law(s) you are researching.
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