State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Louisiana prohibits nearly all abortion from fertilization with criminal penalties for providers; pregnant women are expressly exempt from criminal liability.
La. R.S. 40:1061(C) · La. Const. Art. I, § 20.1 · La. R.S. 14:87.7
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.
La. R.S. 14:32.5(A) · La. R.S. 14:2(11) · La. R.S. 14:2(A)(7)
An unemancipated minor under 18 must obtain notarized consent from one parent, guardian, or tutor, or secure a judicial bypass order.
Louisiana has no statute requiring spousal consent or notice for an abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician performing an abortion | Criminal abortion (La. R.S. 14:87.7) | Imprisonment at hard labor for 1-10 years; fine of $10,000-$100,000; professional discipline including license revocation |
| Physician providing medication abortion | Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9) | 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 |
| Non-physician performing medication abortion | Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9) | 1-5 years hard labor + $5K-$50K fine; plus potential unauthorized-practice penalties |
| Any person facilitating abortion with pills (delivering, mailing, dispensing) | Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9); civil liability (La. R.S. 9:2800.12) | 1-5 years hard labor + $5K-$50K fine; civil statutory damages of $100,000+ |
| Pregnant woman | None under abortion statutes (expressly exempt); unresolved exposure under controlled-substances law | No criminal penalty under abortion statutes; potential unauthorized possession of Schedule IV substance (up to 5 years) is unresolved |
Louisiana v. FDA (No. 6:25-cv-01491, W.D. La.)
Litigation · Filed October 6, 2025; stayed by district court in April 2026 pending FDA safety review of mifepristone
If successful, could reinstate nationwide the FDA's pre-2023 in-person dispensing requirement for mifepristone, effectively ending telehealth medication abortion across the country.
State of Louisiana v. Margaret Carpenter (18th JDC, West Baton Rouge Parish)
Litigation · Indictment issued January 2025; extradition refused by New York; interstate conflict unresolved
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.
Constitutional challenge to Act 246 (mifepristone/misoprostol Schedule IV classification)
Litigation · Petition filed in Louisiana state court (19th JDC) in January 2025; pending
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.
The primary trigger ban: prohibits all abortion from fertilization with a life/health exception; the principal criminal and civil enforcement vehicle.
Second trigger ban: flat prohibition on abortion with penalty of 1-10 years hard labor and $10K-$100K fine; contains the express mother exemption.
Separately criminalizes medication abortion with specific penalties; provides mother exemption; the basis of the Carpenter indictment.
First-in-the-nation classification of mifepristone and misoprostol as Schedule IV controlled substances; creates tension with mother-exemption statutes.
Creates civil liability of $100,000+ for anyone who substantially facilitates an abortion by providing abortion-inducing drugs; exempts the mother.
Generated from the structured legal focused deep-research record for LA (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Louisiana survey. This document has not been reviewed by a lawyer and should not be used as legal advice.