After Roe, Louisiana will prohibit abortions except to save the life of the mother. Louisiana has a state constitutional amendment declaring that there is no state constitutional right to an abortion. 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 what abortion law would be in your state after Roe.
After Roe, states will 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!Connect with Louisiana Family Forum
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Louisiana will likely ban nearly all abortions. It has a “trigger law” that became effective after Roe was overturned and bans almost all abortions. Furthermore, a provision of the law bans education instruction on abortion in schools. However, this trigger is currently enduring a legal challenge in state court and a judge has granted a stay on the law going into effect until further litigation can proceed on July 8th. La. R.S. § 40:1061, 1061.7.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would be 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.
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.” La. R.S. § 40:1061.F..
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 are 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. La. R.S. § 40:1061.29.C.(1).
Protecting Fundamental Rights
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.
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
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. § 40:1061.14.
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) (Enacted 1978; Last Amended 2015). La. Rev. Stat. Ann. § 40:1061.16 (Enacted 2014; Last Amended 2016).