Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-331 (2026)

Care and treatment of child aborted

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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When as the result of an abortion a child is, in the sound medical judgment of the attending physician, born alive, then all reasonable steps, in accordance with the sound medical judgment of the attending physician, shall be employed to preserve the life of the child. For purposes of this section, born alive shall mean the complete expulsion or extraction of the child from the mother irrespective of the duration of the pregnancy and after such expulsion or extraction such child breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles whether or not the umbilical cord has been cut or the placenta is attached.

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: Schulte v. Douglas, 567 F. Supp. 522 (D. Neb. 1981).
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Schulte v. Douglas, 567 F. Supp. 522 (D. Neb. 1981). · cites it 9× “” This phrase is used in reference to the viability determination required by § 28-329, the choice of abortion procedure required by § 28-330, and the treatment of a child aborted alive required by § 28-331. The plaintiffs argue that the sections, by the use of this phrase,…”
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