Louisiana Abortion Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 18, 2024
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Abortion is illegal in Louisiana unless medically necessary to save the life of the mother. There are exceptions, including cases where the fetus is "medically futile."
Even though Roe v. Wade made abortions legal in 1973, many states, including Louisiana, had abortion restrictions in place. Long before the U.S. Supreme Court handed down its decision in the landmark case Dobbs v. Jackson Women's Health Organization in 2022, lawmakers in Louisiana enacted a trigger ban that would make abortion illegal if the court overturned Roe.
This law, which then-Gov. Kathleen Blanco passed in 2006, would create a near-total abortion ban and make it a crime for health care providers to perform abortions or distribute abortion medication.
On the heels of the Supreme Court's decision in Dobbs, Sen. Katrina Jackson (D-Monroe) proposed Senate Bill 342. Gov. John Bel Edwards signed the bill in June 2022. The law is the "Louisiana Right to Life Act" or the "Human Life Protection Act."
Besides this near-total abortion ban, Louisiana also made it a crime to deliver abortion medications to Louisiana residents via mail. Anyone guilty of doing this faces criminal penalties.
Impact of Supreme Court Decision in Dobbs
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, holding that the power to regulate and ban abortion care would revert to the states.
Once the Supreme Court released the decision to the public, Edwards announced that SB 342 would take effect immediately. Louisiana lawmakers implemented more abortion restrictions in 2024.
Two of the critical pieces of abortion legislation lawmakers passed in 2024 include:
- In May 2024, Republican Gov. Jeff Landry passed a new law classifying abortion medications (mifepristone and misoprostol) as controlled dangerous substances. This law makes it a crime to have these drugs without a valid prescription. Anyone who violates this new law faces up to five years in prison and fines of up to $50,000. This law also makes it illegal to mail or deliver abortion medication to residents of Louisiana.
- In November 2024, the governor passed a law requiring abortion providers to keep all abortion medications behind locked doors. Doctors must also file CDS records for any abortion medications they prescribe to pregnant women. They must submit these records to the Louisiana Department of Health.
- The new laws, including the Louisiana abortion ban, target abortion providers more than anyone else. Pregnant women seeking an abortion are not the ones subject to criminal penalties. But, given the infringements on abortion rights in the State of Louisiana, women lose abortion access. Physicians do not want to face criminal charges. This is why so few abortion clinics still exist in Louisiana.
Besides the above restrictions on medication abortions, abortions, and the exercise of reproductive rights, Louisiana does not offer constitutional protection.
Louisiana Abortion Laws at a Glance
Reading an overview of the law can help better understand 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 | Louisiana Revised Statutes, Title 40, Chapter 5, Section 1061, et seq. |
|---|---|
| Definition of criminal abortion | Louisiana law defines abortion as any act intended to terminate a clinically diagnosable pregnancy. The exceptions to Louisiana's abortion law include:
|
| Penalty for criminal abortion | Any person who knowingly performs an abortion may face one to 10 years in prison and fines between $10,000 and $100,000. Any person who knowingly performs a criminal abortion after 15 weeks of pregnancy will face one to 15 years in prison and fines of anywhere between $20,000 and $200,000. |
Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, please consult a Louisiana health care attorney or conduct legal research to verify your state laws.
More Questions About Louisiana Abortion Laws? Speak to a Lawyer
The choice to have an abortion can have severe emotional and legal consequences. If you need legal help with an abortion matter or want to know your rights and responsibilities, contact an experienced health care attorney in Louisiana.
Louisiana Abortion Laws: Related Resources
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