Louisiana Abortion Laws

Code Section
14:87, et seq. 40:1061.2 to 40.1061.28

Statutory Definition of Illegal Abortion
Deliberate termination of human pregnancy after fertilization of a female ovum, after viability by any person, even the woman herself, with intent other than to produce live birth, remove ectopic pregnancy, or remove dead fetus. Partial Birth Abortion: Unlawful except when necessary to save life of a woman endangered by physical disorder, physical illness, or physical injury when no other medical procedure would suffice

Statutory Definition of Legal Abortion
After viability or third trimester, any termination of pregnancy necessary to preserve life, health of mother and/or fetus; Also, 2nd physician must be in attendance for the abortion of a viable fetus.

Penalty
Crime of abortion: 1-10 yrs., imprisoned at hard labor and $10,000–100,000 fine; Fine of not more than $1000 or imprisonment of up to 2 yrs. for violation (40:1299.31-1299.35.18); A person who kills a viable child during labor shall be sentenced to life imprisonment at hard labor, except when the death of the child results from an express act to save the life of the child or the mother.

Consent
Written informed consent of woman 24 hours prior to abortion; if unemancipated minor, signed consent of parent or guardian or court, except in medical emergency or if judicial consent

Residency
N/A

License
Licensed M.D. must make judgment of advisability or necessity of abortion, shall certify medical reasons for viability abortion, and procedure must be performed in licensed hospital


Inside Louisiana Abortion Laws