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In Louisiana

After Roe, Louisiana has a “trigger law” law that prohibits abortions except to save the life of the mother. However, this law is currently enjoined. Louisiana has a state constitutional amendment declaring that there is no state constitutional right to an abortion. La. Const. Ann. art. I, § 20.1 Hear from Louisiana Family Forum about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.

After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

THE BIG QUESTION

After Roe, does my state ban nearly all abortions or allow nearly all abortions?

Louisiana has a “trigger law” that would ban nearly all abortions. Furthermore, a provision of the law bans education instruction on abortion in schools. La. R.S. §§ 40:1061, 1061.7. However, this “trigger law” is currently enjoined. June Medical Services, LLC v. Landry, No. 2022-05633, 2022 WL 2336430, at *1 (La. Civil Dist. Ct. June 27, 2022) .

WHAT’S NEXT

What is my state’s next step in the fight for life, now that Roe is overturned?

Louisiana’s top priority now that Roe is overturned is a cleanup of our Trigger law, which is already underway! The next priority is to prepare for a Louisiana After Roe response.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws are in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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:

Exceptions to any limitations

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.

Penalties for performing an illegal abortion

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.

Enforcement

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).

Special standards of care

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.

Protecting Fundamental Rights

Parents

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.

Medical professionals

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.

Babies Born Alive

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.

Safety & Health of Women

Physician-only requirement

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.

Informed consent

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.

Waiting period

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).

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