If my state won’t ban all abortions, what are the limits to abortion?

Because Louisiana has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Louisiana’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.La. R.S. § 40:1061.

The following other abortion bans are currently in effect in Louisiana while the “trigger law” is enjoined:

• A pain-capable abortion ban that prevents abortions after 20 weeks. Stat. Ann. § 40:1061.1.2.
• A heartbeat ban. Stat. Ann. § 40:1061.1.5.
• A ban on abortions performed after 20 weeks because of genetic abnormalities. La. Stat. Ann. § 40:1061.1.4.

Are there any exceptions to those limitations placed on abortion?

An exception to the trigger law is allowed only to prevent the mother’s death or “to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” However, the physician must still make reasonable medical efforts to preserve both the life of the mother and the life of her unborn child. La. R.S. § 40:1061.F.

The pain-capable ban contains exceptions to save the mother’s life or to save her from irreversible physical impairment of a major bodily function. La. Stat. Ann. § 40:1061.1.2.

The heartbeat ban contains exceptions to save the mother’s life or to save her from irreversible physical impairment of a major bodily function. La. Stat. Ann. § 40:1061.1.5.

The genetic abnormality ban contains exceptions to save the mother’s life. La. Stat. Ann. § 40:1061.1.4.

What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the trigger law the pain-capable ban, the heartbeat ban, and the genetic abnormality ban are all punishable by up to 2 years imprisonment and/or up to $1,000 in fines. La. R.S. § 40:1061.29.A.

When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The mother of the unborn child may bring a civil malpractice action against violators of the trigger law, the pain-capable ban, the heartbeat ban, and the genetic abnormality ban. La. R.S. § 40:1061.29.C.(1).

Does my state impose a special medical standard of care on abortion providers?

The trigger law requires that a physician must make reasonable effort to preserve the lives of both the mother and the unborn child. La. R.S. § 40:1061.F.

Louisiana also has a law preventing any state workers from requiring or recommending that a woman gets an abortion. La. Stat. Ann. § 40:1061.5.

Does my state give parents the right to consent for their child to get an abortion?

Yes: Notarized consent from one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would most likely become unnecessary when the trigger law takes effect. La. R.S. § 40:1061.14.

Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: No one can be forced to participate in abortions in violation of his or her conscience to the extent that patient access to health care is not compromised. La. R.S. § 40:1061.20.

Are there legal protections for babies born alive following a botched abortion in my state?

Yes: The state still recognizes and enforces their Born Alive Infant Protection Act, which protects the child while the child is still in the hospital even after the first trimester and gives limited access to abortion procedures in general. La. R.S. § 40:1061.12.

The goal enforced by the state code is to preserve the life and health of the child. La. R.S. § 40:1061.13.

Does an abortion have to be provided by a licensed physician in my state?

Yes: Physicians are required to be licensed and use their best medical judgment and adhere to the detailed abortion procedure as taught upon being licensed. La. R.S. § 40:1061.10.

Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: Informed oral consent is required from the mother and her parents if she is a minor; however, this provision would most likely become unnecessary when the trigger law takes effect. La. R.S. § 40:1061.17(B); 14.

Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes: A 72-hour waiting period after counseling is required; however, this provision would most likely become unnecessary when the trigger law takes effect. La. Rev. Stat. Ann. § 40:1061.17(B)(1).