{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-la","type":"legislation","level":"state","jurisdiction":"Louisiana","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Near-total ban, enforced","summary":"Louisiana prohibits nearly all abortion from fertilization with criminal penalties for providers; pregnant women are expressly exempt from criminal liability.","machine_readable_summary":{"legal_classification":"total_ban","gestational_limit_weeks":0,"limit_measured_from":"fertilization","abortion_currently_available":"no","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":"unclear","self_managed_abortion_criminalized":"unclear","abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":true,"method_bans":["d_and_e","d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Felony, 1-10 years hard labor + $10K-$100K fine","helpers_criminally_exposed":true,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":72,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":false,"exceptions_present":["life","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/la.html","markdown":"https://www.abhortion.org/legislation/la.md","summary_json":"https://www.abhortion.org/legislation/la.json","full_json":"https://www.abhortion.org/legislation/la-full.json","verbose_json":"https://www.abhortion.org/legislation/la-verbose.json"},"overview":{"title":"Near-total ban, enforced","summary":"Louisiana prohibits nearly all abortion from fertilization with criminal penalties for providers; pregnant women are expressly exempt from criminal liability.","description":"Abortion is almost entirely prohibited in Louisiana. Three trigger laws activated when the U.S. Supreme Court overturned Roe v. Wade in June 2022 make it a crime to perform an abortion at any stage of pregnancy. The only exception is to prevent the pregnant woman's death or to prevent serious permanent impairment of a life-sustaining organ. There is no exception for rape, incest, or fatal fetal anomaly. The pregnant woman herself cannot be criminally charged under the abortion statutes. Louisiana voters amended the state constitution in 2020 to declare that nothing in it protects a right to abortion. Medication abortion is separately criminalized, and mifepristone and misoprostol were added to the state's list of controlled substances in 2024, making Louisiana the first state to do so.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature via Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061"},{"name":"50 Constitutions / University of Wisconsin Law School","href":"https://50constitutions.org/la/constitution/section-id-69072"},{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"}]},"sections":{"definitions":{"title":"Abortion defined, miscarriage excluded","summary":"Abortion is defined as the deliberate termination of an intrauterine human pregnancy, excluding miscarriage management, ectopic treatment, and contraception.","description":"Louisiana law defines abortion as the act of using an instrument, drug, or other means to deliberately terminate a pregnancy with the intent to end the life of an unborn human being, and does not include removing a dead unborn child from a miscarriage. Contraception and emergency contraception are expressly excluded from the definition. Treatment of an ectopic pregnancy is also carved out. The definition covers medication and procedural methods alike. IVF embryos outside the womb are treated separately under a distinct body of law governing juridical persons.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature via Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-1"}]},"current_status":{"title":"Total ban from fertilization","summary":"Louisiana prohibits abortion at all gestational stages; it has been a crime to perform an abortion statewide since June 24, 2022.","description":"Since June 24, 2022, performing an abortion in Louisiana at any stage of pregnancy is a crime. The ban covers procedural and medication abortion alike. The only exception is a medical emergency that threatens the pregnant woman's life or could cause permanent impairment of a life-sustaining organ. There is no exception for rape, incest, or a diagnosis of a fatal fetal condition. The law does not explicitly criminalize the pregnant woman herself for having an abortion. Residents may travel out of state for abortion care.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"},{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061"}]},"enforcement_status":{"title":"Fully enforced, no active injunction","summary":"All three trigger bans are in full effect; one TRO was dissolved in August 2022 and no federal or state court injunction currently blocks enforcement.","description":"There is no court order currently blocking Louisiana's abortion ban. Immediately after Dobbs, providers sued and obtained a temporary restraining order from a state trial court. An intermediate appeals court lifted that order on August 1, 2022, and the Louisiana Supreme Court declined to intervene. Since that date, the ban has been in full effect statewide. In January 2025, a New York physician was indicted for mailing abortion pills into Louisiana.","verification":"semi_verified","confidence":"high","sources":[{"name":"Louisiana Supreme Court","href":"https://www.lasc.org/opinions/2022/22-1038.CD.wjc.grant.pdf"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/cases/post-roe-state-abortion-ban-litigation/june-medical-services-v-landry"}]},"exceptions":{"life":{"title":"Life exception, narrow","type":"life","summary":"Abortion is permitted to prevent the woman's death or serious permanent impairment of a life-sustaining organ, with a duty to try to preserve the fetus.","description":"A licensed physician may perform an abortion if, in reasonable medical judgment, it is necessary to prevent the pregnant woman's death or a substantial risk of death, or to prevent serious permanent impairment of a life-sustaining organ. The physician must make reasonable medical efforts to preserve both the woman's life and the life of the unborn child. Emotional, psychological, or mental health conditions do not qualify.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061"},{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-1"}]},"physical_health":{"title":"Physical health, narrow","type":"physical_health","summary":"Abortion is permitted to prevent serious permanent impairment of a life-sustaining organ, the only physical-health exception beyond a threat to life.","description":"The physical-health exception is narrow: it covers only serious, permanent impairment of a life-sustaining organ. Less severe threats to physical health, even serious ones that do not threaten a life-sustaining organ, do not qualify. Mental-health conditions are expressly excluded.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061"}]},"mental_health":{"title":"Mental health excluded","type":"mental_health","summary":"Emotional, psychological, and mental conditions are expressly excluded from the definition of medical emergency; mental health is not an exception.","description":"Louisiana law explicitly states that a medical emergency does not include any emotional, psychological, or mental condition. This means that even severe mental-health crises arising from pregnancy, including suicidal ideation, do not legally justify an abortion.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-1"}]},"rape":{"title":"No rape exception","type":"rape","summary":"Louisiana's criminal abortion ban has no rape exception; bills to add one failed in 2023, 2024, and 2025.","description":"There is no rape exception in Louisiana's abortion ban. Even when the pregnancy results from rape, including the rape of a minor, abortion remains illegal. The Louisiana legislature has repeatedly considered and rejected bills to add a rape exception.","verification":"semi_verified","confidence":"high","sources":[{"name":"WWNO","href":"https://www.wwno.org/local-regional-news/2025-06-03/lawmakers-reject-attempt-to-create-abortion-ban-exception-for-child-rape-victims"}]},"incest":{"title":"No incest exception","type":"incest","summary":"There is no incest exception in Louisiana's criminal abortion ban; the same bills proposing a rape exception also proposed an incest exception and failed.","description":"Incest is not an exception to Louisiana's abortion ban. Even when the pregnancy results from incest between family members, abortion remains illegal. The legislature has repeatedly rejected adding an incest exception.","verification":"semi_verified","confidence":"high","sources":[{"name":"WWNO","href":"https://www.wwno.org/local-regional-news/2025-06-03/lawmakers-reject-attempt-to-create-abortion-ban-exception-for-child-rape-victims"}]},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Louisiana has no statutory exception for fatal fetal diagnoses, though the Department of Health issued an emergency rule for medically futile pregnancies.","description":"There is no statutory exception for pregnancies where the fetus has been diagnosed with a condition incompatible with life after birth. In February 2023, the Louisiana Department of Health issued an emergency rule purporting to allow abortion when two physicians determine the fetus has a condition incompatible with sustaining life, but this rule's legal validity is uncertain.","verification":"verify_before_publication","confidence":"low","sources":[{"name":"Louisiana Illuminator","href":"https://lailluminator.com/2023/02/04/louisiana-issues-new-emergency-rule-on-abortion-ban-exceptions"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic and miscarriage carved out","type":"ectopic_miscarriage_carveout","summary":"Treatment of ectopic pregnancy and removal of a dead fetus from miscarriage are not abortion under Louisiana law.","description":"Louisiana law expressly states that removing a deceased unborn child after a miscarriage, or treating an ectopic pregnancy, does not constitute an abortion. Medical treatment that accidentally or unintentionally results in injury or death to the unborn child is not a violation.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061"}]}},"methods":{"procedural_surgical":{"title":"Procedural abortion banned","summary":"All procedural abortion methods are criminalized; D&E dismemberment abortion and D&X partial-birth abortion carry separate, additional prohibitions.","description":"Every form of procedural or surgical abortion is illegal in Louisiana at any point in pregnancy, subject only to the narrow life/health exception. Louisiana has specific statutes making dismemberment abortion (D&E) and partial-birth abortion (D&X) separate crimes with additional civil remedies.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-1-3"},{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-12"}]},"medication":{"title":"Medication abortion banned, pills Schedule IV","summary":"Medication abortion is separately criminalized; mifepristone and misoprostol were added to Schedule IV controlled substances in 2024, uniquely among all states.","description":"Providing medication abortion in Louisiana is a separate crime. A person who knowingly delivers, dispenses, distributes, or provides an abortion-inducing drug faces 1-5 years imprisonment at hard labor; if the woman dies or is seriously injured, 5-10 years; if the woman is under 18, 15-50 years. In 2024, Louisiana became the first state to classify mifepristone and misoprostol as Schedule IV controlled dangerous substances, alongside drugs like Xanax and Valium. Possession of these medications without a prescription is now a crime.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"},{"name":"Louisiana Department of Health","href":"https://www.louisianahealthconnect.com/newsroom/ldh-guidance-on-act-246--regarding-mifepristone-and-misoprostol.html"},{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-11.html"}]},"self_managed":{"title":"Self-managed: mother exempt, but pills Schedule IV","summary":"The pregnant woman is expressly exempt from criminal liability under the abortion statutes, but Schedule IV classification of abortion pills creates unresolved exposure.","description":"Under the abortion statutes, a pregnant woman who self-manages an abortion cannot be criminally charged. Multiple statutes expressly exempt her. However, the 2024 law making mifepristone and misoprostol Schedule IV controlled substances complicates this: unauthorized possession of a Schedule IV drug is a separate crime under the controlled-substances law, and it is unclear whether this would be used against a pregnant woman who possesses the pills without a prescription.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"},{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061"},{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"}]}},"actors":{"who_may_perform":{"title":"Physician-only, board-certified required","summary":"Only licensed physicians board-certified in OB/GYN or family medicine (or supervised residents) may perform abortions.","description":"Louisiana law requires that only a physician licensed in the state and board-certified in obstetrics and gynecology or family medicine, or a resident supervised by such a physician, may perform an abortion. Advanced practice clinicians are not authorized. The admitting-privileges law (Act 620) was struck down by the U.S. Supreme Court in 2020.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061-10"},{"name":"Supreme Court of the United States","href":"https://supreme.justia.com/cases/federal/us/591/18-1323"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from criminal liability","summary":"Multiple statutes protect the pregnant woman from criminal liability; civil exposure under the 2025 civil-liability act is also excluded.","description":"The pregnant woman is explicitly shielded from criminal prosecution under every operative abortion statute. The 2025 civil-liability act also expressly excludes her from being sued. The one area of unresolved exposure is whether the Schedule IV controlled-substance classification could be used to prosecute her for unauthorized possession of her own pills.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"},{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005"},{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-32-5"}]},"physician":{"title":"Felony, 1-10 years hard labor + fine","summary":"Physicians face 1-10 years imprisonment at hard labor, $10K-$100K fine, and license revocation; medication abortion carries higher penalties for cases involving minors.","description":"A physician who performs an abortion faces 1-10 years of imprisonment at hard labor and a fine of $10,000 to $100,000. For medication abortion, the penalty is 1-5 years (or 5-10 if the woman dies or is seriously injured, or 15-50 if the woman is under 18). Violations also subject the physician to professional discipline including license revocation. Conviction for criminal abortion is a crime of violence under Louisiana law.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"},{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"},{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-2"}]},"prescriber_pharmacist":{"title":"Prescriber and pharmacist exposure exists","summary":"Non-physician prescribers and pharmacists face criminal exposure for providing abortion-inducing drugs; limited safe harbor for bona fide medical purposes.","description":"Anyone who delivers, dispenses, distributes, or provides abortion-inducing drugs faces criminal liability. The statute exempts pharmacists who fill prescriptions for a bona fide medical reason not intended to cause an abortion, but requires the prescriber to write the diagnosis code on the prescription. The Schedule IV classification adds additional requirements.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"}]},"nurses_and_staff":{"title":"Staff have accomplice and direct liability","summary":"Nurses and staff acting outside physician direction face direct liability; even those under direction may face accomplice liability for a felony offense.","description":"Clinical staff who assist in an abortion can face criminal liability. The dismemberment-abortion statute exempts nurses and staff only if they act at the direction of a physician. Under Louisiana's general accomplice-liability statute, anyone who aids and abets a felony faces the same penalties as the principal, so a nurse who assists in an illegal abortion could be charged as an accomplice.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Louisiana Legislature","href":"https://legis.la.gov/legis/Law.aspx?d=78229"}]},"other_helpers":{"title":"Helpers exposed to criminal and civil liability","summary":"A person who funds, drives, or otherwise facilitates an abortion faces accomplice liability; the 2025 civil-liability act allows damages against anyone who substantially facilitates an abortion.","description":"Anyone who helps someone obtain an abortion by paying, driving, coordinating logistics, or providing information could face criminal charges as an accomplice to felony abortion. The 2025 Justice for Victims of Abortion Drug Dealers Act creates civil liability with statutory damages starting at $100,000 against anyone who substantially facilitates an abortion. The mother is explicitly excluded from being sued, but a friend, family member, employer, or abortion fund could be.","verification":"semi_verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Travel not expressly criminalized","summary":"Louisiana has no abortion trafficking law directly criminalizing travel assistance, but general accomplice-liability principles could theoretically apply.","description":"Louisiana does not have a law that specifically criminalizes helping someone travel out of state for an abortion. However, under general accomplice-liability principles, a prosecutor could theoretically charge someone who transports a person to obtain an illegal abortion. No such prosecution has been reported.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Louisiana Legislature","href":"https://legis.la.gov/legis/Law.aspx?d=78229"}]},"funding":{"title":"Funding exposes to accomplice and civil liability","summary":"Paying for an abortion or abortion travel could constitute accomplice liability; the 2025 civil-liability act makes funding a target of civil suits.","description":"Anyone who pays for an abortion, including an abortion fund, an employer, or a family member, could face criminal accomplice liability and civil liability. The 2025 act allows the mother to sue anyone who substantially facilitates an abortion, which could include funding. Statutory damages start at $100,000.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005"}]},"mailing_pills":{"title":"Mailing pills is criminalized","summary":"Delivering or distributing abortion-inducing drugs is a 1-5 year felony; the 2025 Carpenter indictment tests enforcement against out-of-state providers.","description":"Sending abortion medication by mail into Louisiana is a crime. In January 2025, a Louisiana grand jury indicted New York physician Dr. Margaret Carpenter for allegedly prescribing and mailing abortion pills to a Louisiana resident. This case is the first test of whether Louisiana can enforce its criminal abortion statute against an out-of-state provider shielded by another state's law.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"},{"name":"Politico","href":"https://www.politico.com/news/2025/01/31/abortion-shield-laws-louisiana-challenge-010223"}]},"providing_information":{"title":"Information liability unclear","summary":"Providing abortion information or referrals may trigger accomplice liability; no Louisiana statute specifically targets speech about abortion.","description":"Louisiana does not have a statute specifically criminalizing the provision of information about abortion. However, general accomplice-liability law could be used to charge someone who counsels or procures another to commit a crime. The First Amendment likely limits prosecution for providing publicly available information, but the line is not tested in Louisiana courts.","verification":"verify_before_publication","confidence":"medium","sources":[{"name":"Louisiana Right to Life","href":"https://prolifelouisiana.org/laws-elections/louisiana-pro-life-body-of-laws/abortion-laws"}]},"civil_bounty":{"title":"No SB8-style civil bounty","summary":"Louisiana does not have a Texas SB8-style private civil-enforcement mechanism; the 2025 act limits the cause of action to the mother.","description":"Louisiana has not enacted a law like Texas's SB 8, which allows any private citizen to sue anyone who aids or abets an abortion. Louisiana's 2025 act creates a civil cause of action only for the mother of the unborn child, not for any member of the public.","verification":"semi_verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005"}]}},"procedural_requirements":{"waiting_period":{"title":"72-hour mandatory waiting period","summary":"A 72-hour waiting period between counseling and procedure is required; reduced to 24 hours for women living 150+ miles from the nearest facility.","description":"Before having an abortion, a woman must wait at least 72 hours after receiving state-mandated counseling information. If she lives 150 miles or more from the nearest licensed outpatient abortion facility, the waiting period is reduced to 24 hours. These requirements, though still on the books, are functionally moot because abortion is banned.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=965010"}]},"mandatory_counseling":{"title":"State-scripted counseling required","summary":"Louisiana mandates detailed in-person counseling about fetal development, abortion risks, alternatives, and support obligations.","description":"Louisiana has one of the most extensive mandatory counseling requirements in the country. The physician must provide oral and written information including the physician's credentials, the gestational age of the fetus, anatomical characteristics, medical risks, and that the father is liable for child support. The Louisiana Department of Health maintains a website with fetal-development images.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=965010"}]},"ultrasound_requirement":{"title":"Ultrasound mandatory, must be performed","summary":"An obstetric ultrasound must be performed at least 72 hours before the abortion; the woman must be offered the opportunity to view it.","description":"Louisiana law requires that an obstetric ultrasound be performed at least 72 hours before an abortion. The woman must be given the opportunity to view the ultrasound image and hear a description of the fetus. She is not required to look. The state publishes a list of facilities offering free ultrasounds.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=965010"}]},"in_person_visits":{"title":"Two in-person visits required","summary":"The counseling and waiting-period requirements compel at least two in-person visits: one for counseling and the second for the procedure.","description":"Because mandatory counseling must take place at least 72 hours before the abortion and must be done orally and in person, a woman would need to make at least two trips to the facility. For women living 150+ miles from the nearest facility, the second visit must be at least 24 hours later.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=965010"}]}},"minors":{"parental_involvement":{"title":"Parental consent, one parent","summary":"An unemancipated minor under 18 must obtain notarized consent from one parent, guardian, or tutor, or secure a judicial bypass order.","description":"If a minor under 18 who is not emancipated seeks an abortion, the physician must receive a notarized statement from one parent, legal guardian, or tutor consenting, along with a copy of the consenting adult's ID. Alternatively, the minor can obtain a judicial bypass order.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=965007"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"A minor may petition a juvenile court for a judicial bypass; ruling within 4 days, appeal de novo to the court of appeal within 48 hours.","description":"A minor who does not want to involve a parent can file an application in juvenile court. The court must hear it within 4 days in chambers and anonymously. If the court finds by clear and convincing evidence that the minor is sufficiently mature and well-informed, it must authorize the abortion without parental involvement. If not, the court decides based on best interests. Appeals go to the court of appeal, which must rule within 48 hours.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=965007"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent on the books","summary":"Louisiana has no statute requiring spousal consent or notice for an abortion.","description":"Louisiana does not have a law requiring a married woman to get her husband's consent or to notify him before having an abortion.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"Spousal consent unenforceable if enacted","summary":"Under Danforth (1976) and Casey (1992), spousal consent requirements are unconstitutional; Louisiana has not enacted one post-Dobbs.","description":"The U.S. Supreme Court has twice held that laws requiring a husband's consent for an abortion are unconstitutional. Whether Dobbs changes this is an open question, but Louisiana has not enacted a spousal-consent law.","verification":"semi_verified","confidence":"high","sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/428/52/"}]},"other_paternal_rights":{"title":"Father has wrongful-death standing","summary":"The biological father has standing to sue for wrongful death of a fetus under the dismemberment-abortion ban, unless his criminal conduct caused the pregnancy.","description":"Under Louisiana's dismemberment-abortion ban, the biological father has a cause of action for civil damages and wrongful death, unless his own criminal conduct caused the pregnancy. Louisiana's general wrongful-death statute also provides a cause of action for parents of a deceased child, which courts have applied to unborn children.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-1-3"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Feticide, mother excluded","summary":"Louisiana criminalizes feticide at any stage post-fertilization-and-implantation by a third party; the mother is expressly excluded.","description":"Louisiana has three degrees of feticide. The feticide statute defines the crime as the killing of an unborn child by a person other than the mother. The mother cannot be charged with feticide for acts against her own unborn child. Feticide is a crime of violence.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-32-5"},{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-2"}]},"wrongful_death":{"title":"Wrongful death action for unborn child","summary":"Louisiana law permits a civil wrongful-death action for an unborn child; viability is not required under specific abortion-related statutes.","description":"Louisiana's civil code provides that a wrongful-death action may be maintained for an unborn child. The dismemberment-abortion ban explicitly states that the cause of action lies whether or not the unborn child was viable or was born alive. The 2025 civil-liability act provides additional damages including loss of consortium and emotional distress.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-1-3"}]},"personhood_definition":{"title":"Person defined from fertilization and implantation","summary":"Louisiana criminal code defines person as a human being from fertilization and implantation; the insurance code declares the unborn child a legal person from conception.","description":"Louisiana's criminal code defines person to include a human being from the moment of fertilization and implantation. The insurance code declares the unborn child a legal person entitled to the right to life from conception. IVF embryos are juridical persons under a separate statute and cannot be intentionally destroyed.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-2"},{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=507859"}]},"contradictions_analysis":"Louisiana law is profoundly internally contradictory on fetal personhood, and these contradictions are explicitly statutory rather than accidental. The criminal code defines a 'person' as a human being from fertilization and implantation (La. R.S. 14:2(A)(7)), and the insurance code declares the unborn child 'a legal person... entitled to the right to life from conception' (La. R.S. 22:1014(A)(4)). The feticide statute treats the killing of an unborn child at any stage as a crime of violence akin to homicide. IVF embryos are juridical persons with a right not to be destroyed. If these provisions were read literally and consistently, a pregnant woman who procures or performs her own abortion would be committing homicide or feticide. Yet the same code contains three separate statutes expressly exempting her from all criminal liability: La. R.S. 14:87.7(D), La. R.S. 40:1061(H), and La. R.S. 14:32.5(A) ('a person other than the mother'). The feticide exemption carves out the mother from the universe of persons who can be charged with killing a 'person' (the fetus), while simultaneously declaring the fetus a person and the mother's act not a crime. This is not a logical contradiction but a policy choice: the fetus is a person for purposes of punishing third parties, but the pregnant woman's relationship to the fetus is legally unique and exempt. The 2024 addition of mifepristone and misoprostol to Schedule IV complicates this further: the controlled-substances law does not contain the mother exemption that the abortion statutes do, potentially exposing her to prosecution for possession of her own medication even where the abortion statutes shield her. Whether a court would harmonize the controlled-substances law with the abortion exemptions, or find them in irreconcilable conflict, is unsettled. Additionally, the constitution (Art. I, § 20.1) denies any right to abortion but does not itself criminalize it or define personhood; it leaves that to the legislature, which has chosen this internally inconsistent architecture."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth for abortion prohibited","summary":"Louisiana requires a physician to be in the same room when dispensing abortion-inducing drugs, effectively banning telehealth prescribing.","description":"Louisiana law requires that when any drug is used for an abortion, the prescribing physician must be in the same room and in the physical presence of the pregnant woman. This makes telehealth prescribing of abortion medication illegal regardless of where the prescriber is located. The FDA's authorization of telehealth prescribing of mifepristone is being challenged by Louisiana in federal court.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-11.html"},{"name":"Civil Rights Litigation Clearinghouse","href":"https://clearinghouse.net/case/47037"}]},"out_of_state_travel":{"title":"Travel out of state not prohibited","summary":"Louisiana does not criminalize traveling out of state to obtain an abortion; no statute prohibits residents from leaving for abortion care.","description":"There is no Louisiana law that makes it a crime for a resident to travel to another state where abortion is legal to obtain the procedure. The abortion bans apply to acts performed within Louisiana. The constitutional right to travel likely protects this activity.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"Hostile, not a shield state","summary":"Louisiana is actively prosecuting out-of-state abortion providers; it has no shield law and has indicted a New York physician.","description":"Louisiana is not a shield state. It has no law protecting its own providers or patients from out-of-state investigations. To the contrary, Louisiana is one of the most aggressive states in pursuing out-of-state conduct: in January 2025, a grand jury indicted New York physician Dr. Margaret Carpenter. This is the first criminal test of whether a state with a near-total ban can enforce its laws against a provider in a shield-law state.","verification":"semi_verified","confidence":"high","sources":[{"name":"Politico","href":"https://www.politico.com/news/2025/01/31/abortion-shield-laws-louisiana-challenge-010223"}]}},"funding_and_insurance":{"medicaid":{"title":"Medicaid: Hyde only, plus rape/incest if federally required","summary":"State Medicaid funds may be used for abortion only in cases of life endangerment; a fallback provision adds rape and incest if required by federal law.","description":"Louisiana prohibits the use of any public funds for abortion except when necessary to prevent the mother's death. A fallback provision activates coverage for rape and incest only if a court or federal agency determines that the narrower prohibition violates the Hyde Amendment and threatens Louisiana's Medicaid funding.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-6"}]},"private_insurance":{"title":"Private insurance abortion coverage restricted","summary":"Louisiana prohibits health plans offered through the state ACA exchange from covering abortion services.","description":"Louisiana prohibits any health plan offered through the state's health insurance exchange from covering abortion services. People who buy insurance through the marketplace cannot purchase a plan that covers abortion, even with their own money. Private employer-sponsored plans outside the exchange are not directly subject to this prohibition.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=507859"}]},"exchange_plans":{"title":"Exchange plans barred from abortion coverage","summary":"Louisiana ACA marketplace plans may not cover abortion; this restriction is codified in La. R.S. 22:1014.","description":"Any health insurance plan sold through Louisiana's health insurance marketplace is prohibited from offering abortion coverage. This applies to the entire plan, even the portion paid for by the consumer's own premiums.","verification":"verified","confidence":"high","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=507859"}]},"state_funding_of_providers":{"title":"Defunds abortion providers","summary":"Louisiana prohibits state contracts, grants, or funding to any entity that performs abortions, including through Medicaid provider agreements.","description":"Louisiana law prohibits the state from contracting with, awarding grants to, or otherwise funding any entity that performs abortions. This extends to Medicaid provider agreements: the Louisiana Department of Health may not enter into provider agreements with any healthcare provider that performs abortions, provides facilities for abortions, or is co-located with an outpatient abortion facility.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-6"}]}}},"penalties":[{"actor":"Physician performing an abortion","offense":"Criminal abortion (La. R.S. 14:87.7)","penalty":"Imprisonment at hard labor for 1-10 years; fine of $10,000-$100,000; professional discipline including license revocation","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"}]},{"actor":"Physician providing medication abortion","offense":"Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9)","penalty":"1-5 years hard labor + $5K-$50K fine; 5-10 years + $10K-$75K if death/serious injury to woman; 15-50 years + $15K-$100K if woman under 18","verification":"verified","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"}]},{"actor":"Non-physician performing medication abortion","offense":"Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9)","penalty":"1-5 years hard labor + $5K-$50K fine; plus potential unauthorized-practice penalties","verification":"verified","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"}]},{"actor":"Any person facilitating abortion with pills (delivering, mailing, dispensing)","offense":"Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9); civil liability (La. R.S. 9:2800.12)","penalty":"1-5 years hard labor + $5K-$50K fine; civil statutory damages of $100,000+","verification":"semi_verified","sources":[{"name":"Louisiana State Legislature; Act 383 of 2025","href":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005"}]},{"actor":"Pregnant woman","offense":"None under abortion statutes (expressly exempt); unresolved exposure under controlled-substances law","penalty":"No criminal penalty under abortion statutes; potential unauthorized possession of Schedule IV substance (up to 5 years) is unresolved","verification":"verified","sources":[{"name":"Justia; Louisiana State Legislature","href":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7"}]},{"actor":"Accomplice/helper (friend, family, fund, driver)","offense":"Principal to criminal abortion (La. R.S. 14:24); civil liability (La. R.S. 9:2800.12)","penalty":"Same penalty as principal: 1-10 years hard labor + $10K-$100K fine; civil statutory damages of $100,000+","verification":"semi_verified","sources":[{"name":"Louisiana Legislature; Act 383 of 2025","href":"https://legis.la.gov/legis/Law.aspx?d=78229"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade. Louisiana's three trigger bans become operative immediately.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2022-06-27","event":"State trial court issues TRO blocking enforcement of trigger bans in June Medical Services v. Landry. Abortion services briefly resume.","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/cases/post-roe-state-abortion-ban-litigation/june-medical-services-v-landry"}]},{"date":"2022-08-01","event":"Louisiana First Circuit Court of Appeal lifts the TRO; the Louisiana Supreme Court denies review. Trigger bans take full effect.","sources":[{"name":"Louisiana Supreme Court","href":"https://www.lasc.org/opinions/2022/22-1038.CD.wjc.grant.pdf"}]},{"date":"2022-08-01","event":"Act 548 takes effect, creating the separate crime of criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9) with escalating penalties.","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/Law.aspx?d=1294864"}]},{"date":"2023-05-10","event":"Louisiana House Criminal Justice Committee rejects bills to add rape and incest exceptions to the abortion ban.","sources":[{"name":"WWNO","href":"https://www.wwno.org/public-health/2023-05-10/rape-and-incest-exceptions-voted-down-along-party-lines-in-louisiana-house-committee"}]},{"date":"2024-05-08","event":"Louisiana legislature again rejects rape and incest exceptions to the abortion ban.","sources":[{"name":"Louisiana Illuminator","href":"https://lailluminator.com/2024/05/08/abortion-ban-exceptions-fail"}]},{"date":"2024-10-01","event":"Act 246 (SB 276) takes effect, adding mifepristone and misoprostol to Schedule IV of Louisiana's Uniform Controlled Dangerous Substances Law, the first such classification by any state. Creates coerced criminal abortion by means of fraud.","sources":[{"name":"Louisiana Department of Health","href":"https://www.louisianahealthconnect.com/newsroom/ldh-guidance-on-act-246--regarding-mifepristone-and-misoprostol.html"}]},{"date":"2025-01-31","event":"Louisiana grand jury indicts New York physician Dr. Margaret Carpenter and the mother of a pregnant minor for criminal abortion by means of abortion-inducing drugs, the first criminal indictment of an out-of-state telehealth abortion provider. New York's governor refuses extradition.","sources":[{"name":"Politico","href":"https://www.politico.com/news/2025/01/31/abortion-shield-laws-louisiana-challenge-010223"}]},{"date":"2025-06-03","event":"Louisiana House Criminal Justice Committee rejects HB 215, the latest bill to add rape and incest exceptions, the fourth such rejection since Dobbs.","sources":[{"name":"WWNO","href":"https://www.wwno.org/local-regional-news/2025-06-03/lawmakers-reject-attempt-to-create-abortion-ban-exception-for-child-rape-victims"}]},{"date":"2025-06-24","event":"Act 383 (HB 575) signed into law as the Justice for Victims of Abortion Drug Dealers Act, expanding civil liability for substantially facilitating abortion with statutory damages of at least $100,000, while exempting the mother, licensed healthcare providers, and pharmacists.","sources":[{"name":"Louisiana State Legislature","href":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005"}]}],"pending_changes":[{"name":"Louisiana v. FDA (No. 6:25-cv-01491, W.D. La.)","type":"litigation","status":"Filed October 6, 2025; stayed by district court in April 2026 pending FDA safety review of mifepristone","effect":"If successful, could reinstate nationwide the FDA's pre-2023 in-person dispensing requirement for mifepristone, effectively ending telehealth medication abortion across the country.","sources":[{"name":"Civil Rights Litigation Clearinghouse","href":"https://clearinghouse.net/case/47037"}]},{"name":"State of Louisiana v. Margaret Carpenter (18th JDC, West Baton Rouge Parish)","type":"litigation","status":"Indictment issued January 2025; extradition refused by New York; interstate conflict unresolved","effect":"Will test whether a state with a near-total ban may enforce its criminal abortion law against an out-of-state physician in a shield-law state. Resolution could determine the viability of shield laws nationwide.","sources":[{"name":"Politico","href":"https://www.politico.com/news/2025/01/31/abortion-shield-laws-louisiana-challenge-010223"}]},{"name":"Constitutional challenge to Act 246 (mifepristone/misoprostol Schedule IV classification)","type":"litigation","status":"Petition filed in Louisiana state court (19th JDC) in January 2025; pending","effect":"A successful challenge would strike down the Schedule IV classification of mifepristone and misoprostol, potentially restoring their status as non-controlled prescription drugs in Louisiana.","sources":[{"name":"The Lawyering Project","href":"https://lawyeringproject.org/wp-content/uploads/2025/01/20250123_LA-CDS_Amnd-Petition.pdf"}]},{"name":"June Medical Services v. Landry (merits phase)","type":"litigation","status":"Preliminary injunction dissolved; merits litigation ongoing in 19th JDC","effect":"If plaintiffs ultimately prevail, could invalidate one or more trigger bans on state constitutional grounds. Given the 2020 constitutional amendment removing any state constitutional right to abortion, likelihood of success is low.","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/cases/post-roe-state-abortion-ban-litigation/june-medical-services-v-landry"}]}],"key_authorities":[{"name":"Human Life Protection Act","citation":"La. R.S. 40:1061","type":"statute","url":"https://law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-1061","why":"The primary trigger ban: prohibits all abortion from fertilization with a life/health exception; the principal criminal and civil enforcement vehicle."},{"name":"Criminal Abortion (Second Trigger Ban)","citation":"La. R.S. 14:87.7","type":"statute","url":"https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-87-7","why":"Second trigger ban: flat prohibition on abortion with penalty of 1-10 years hard labor and $10K-$100K fine; contains the express mother exemption."},{"name":"Criminal Abortion by Means of Abortion-Inducing Drugs","citation":"La. R.S. 14:87.9","type":"statute","url":"https://legis.la.gov/Legis/Law.aspx?d=1294864","why":"Separately criminalizes medication abortion with specific penalties; provides mother exemption; the basis of the Carpenter indictment."},{"name":"Schedule IV Controlled Substance Classification","citation":"La. R.S. 40:964, as amended by Act 246 (2024)","type":"statute","url":"https://www.louisianahealthconnect.com/newsroom/ldh-guidance-on-act-246--regarding-mifepristone-and-misoprostol.html","why":"First-in-the-nation classification of mifepristone and misoprostol as Schedule IV controlled substances; creates tension with mother-exemption statutes."},{"name":"Justice for Victims of Abortion Drug Dealers Act","citation":"La. R.S. 9:2800.12, as amended by Act 383 (2025)","type":"statute","url":"https://legis.la.gov/Legis/ViewDocument.aspx?d=1426005","why":"Creates civil liability of $100,000+ for anyone who substantially facilitates an abortion by providing abortion-inducing drugs; exempts the mother."},{"name":"Louisiana Constitution, Article I, § 20.1","citation":"La. Const. Art. I, § 20.1 (2020)","type":"constitution","url":"https://50constitutions.org/la/constitution/section-id-69072","why":"Denies any state constitutional right to abortion or to public funding of abortion; forecloses state-constitutional challenges to the bans."},{"name":"Definition of Person and Unborn Child","citation":"La. R.S. 14:2(A)(7), (11)","type":"statute","url":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-2","why":"Defines person and unborn child as a human being from fertilization and implantation, creating the statutory foundation for personhood across the criminal code."},{"name":"Feticide Statute","citation":"La. R.S. 14:32.5-32.8","type":"statute","url":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-32-5","why":"Criminalizes killing an unborn child by anyone other than the mother; listed as a crime of violence."},{"name":"June Medical Services v. Landry","citation":"June Medical Services v. Landry, La. 1st Cir. (Aug. 1, 2022); La. S. Ct. No. 2022-CD-01038","type":"case","url":"https://www.lasc.org/opinions/2022/22-1038.CD.wjc.grant.pdf","why":"The controlling state-court litigation over the trigger bans; the appeal court dissolved the TRO and the Louisiana Supreme Court denied review, leaving the ban in full effect."},{"name":"Louisiana v. FDA (mifepristone litigation)","citation":"Louisiana v. FDA, No. 6:25-cv-01491 (W.D. La., filed Oct. 6, 2025)","type":"case","url":"https://clearinghouse.net/case/47037","why":"Louisiana's federal challenge to the FDA's 2023 telehealth-prescribing authorization for mifepristone; could affect medication abortion nationwide."},{"name":"Informed Consent and Waiting Period Law","citation":"La. R.S. 40:1061.17","type":"statute","url":"https://legis.la.gov/Legis/Law.aspx?d=965010","why":"Mandates 72-hour waiting period and state-scripted counseling; the most comprehensive state-scripted informed-consent regime applicable if the ban were ever lifted."},{"name":"Parental Consent Law","citation":"La. R.S. 40:1061.14","type":"statute","url":"https://legis.la.gov/Legis/Law.aspx?d=965007","why":"Requires notarized parental consent or judicial bypass for minors; includes a detailed judicial bypass procedure with clear-and-convincing maturity standard."},{"name":"Dismemberment Abortion Ban","citation":"La. R.S. 40:1061.1.3","type":"statute","url":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-1-3","why":"Separately bans D&E abortion; provides wrongful-death standing for the biological father."},{"name":"Public Funding Prohibition","citation":"La. R.S. 40:1061.6","type":"statute","url":"https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1061-6","why":"Bars use of public funds for abortion except to prevent death; defunds abortion providers from all state programs."},{"name":"Insurance Coverage Ban","citation":"La. R.S. 22:1014","type":"statute","url":"https://legis.la.gov/Legis/Law.aspx?d=507859","why":"Prohibits ACA exchange health plans from covering abortion; contains express legislative finding that the unborn child is a legal person from conception."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication, verify: (1) Whether the 2026 Regular Session of the Louisiana Legislature enacted any new abortion-related legislation (the session was ongoing as of this research date); (2) Any developments in the Margaret Carpenter extradition and interstate conflict; (3) The FDA's mifepristone safety review timeline and any lifting of the stay in Louisiana v. FDA; (4) The outcome of the state-court constitutional challenge to Act 246's Schedule IV classification; (5) The current text of La. R.S. 40:964 to confirm the mifepristone/misoprostol Schedule IV listing is still in effect. The 2025 amendments to La. R.S. 9:2800.12 via Act 383 should be checked against any subsequent amendments in the 2026 session.","gaps":["The exact current status and validity of the February 2023 LDH emergency rule on medically futile pregnancies could not be confirmed from primary sources; the rule's text and current effective status should be verified with LDH.","The interaction between the mother exemption in the abortion statutes and the possession offense under the controlled-substances law (Schedule IV mifepristone/misoprostol) is unresolved and has not been tested in any reported case.","The full procedural posture of June Medical Services v. Landry on the merits (post-dissolution of the TRO) is not clearly established from publicly available docket information.","The Louisiana v. FDA litigation is rapidly developing; the FDA safety review timeline and subsequent motions practice should be monitored."]}}