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Louisiana Abortion Laws

Summary

Abortion is illegal in Louisiana, unless necessary to save the life of the mother or the pregnancy is medically futile.

Introduction

In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to the states the power to regulate, even prohibit, abortion. Shortly after the draft of the Dobbs decision was leaked, Louisiana enacted a "trigger ban" that prohibited nearly all abortions in the state.

Although the trigger ban is in effect, the statute is currently subject to legal challenges. This area of the law is highly fluid and subject to change.

Louisiana Abortion Laws at a Glance

Reading an overview of the law can be very helpful in better understanding the details included in the actual statute. In the following chart, you can find a summary of abortion laws in Louisiana as well as links to relevant statutes.

 

Statute(s)

Louisiana Revised Statutes, Title 40, Chapter 5, Section 1061, et seq. (Health Provisions: Abortion)
Definition of Criminal Abortion

“Abortion” or “induced abortion” means the performance of any act with the intent to terminate a clinically diagnosable pregnancy with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child, unless: necessary to save the life of the mother or prevent the serious impairment of a life-sustaining organ; the unborn child is deemed to be medically futile; or to prevent or remove an ectopic pregnancy

Penalty for Criminal Abortion

Any person who knowingly performs a criminal abortion can be imprisoned at hard labor for between one to 10 years and/or fined $10,000 to $100,000.

Any person who knowingly performs a criminal abortion after 15 weeks of pregnancy can be imprisoned at hard labor for between one and 15 years and/or fined $20,000 to $200,000.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Louisiana Abortion Laws: Related Resources

For additional information and resources related to this topic, please visit the links listed below.

Additional Questions About Louisiana Abortion Laws? Speak to a Lawyer

The choice to have an abortion can have serious emotional and legal consequences. If you'd like legal assistance with an abortion matter, or just want to know your rights and responsibilities, you can contact an experienced health care attorney in Louisiana.

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