§ 1 Overview
Near-total ban, enforced
Louisiana prohibits nearly all abortion from fertilization with criminal penalties for providers; pregnant women are expressly exempt from criminal liability.
Full analysis
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.
Legal analysis
Louisiana's abortion regime is controlled by three trigger bans codified at La. R.S. 40:1061 (the 'Human Life Protection Act,' 2006), La. R.S. 14:87.7 (2022, Act 545), and La. R.S. 14:87.8 (2022, Act 545, late-term ban). All became operative on June 24, 2022, upon the Supreme Court's decision in Dobbs. The constitution was amended in 2020 to add Article I, § 20.1. The regime is not currently enjoined. June Medical Services v. Landry resulted in a temporary restraining order in June 2022, but the Louisiana First Circuit Court of Appeal lifted it on August 1, 2022, and the Louisiana Supreme Court denied review.
Verified at source · high confidence · La. R.S. 40:1061(C), subsection C, Louisiana State Legislature via Justia · La. Const. Art. I, § 20.1, 50 Constitutions / University of Wisconsin Law School · La. R.S. 14:87.7, subsection A, Justia
§ 2 At a glance
Key machine-readable determinations from the research document. Each value is derived from a sourced finding on this page — where a finding is unsettled, the value says so.
Legal classification
Total ban
Gestational limit
Total ban (0 weeks)
Limit measured from
Fertilization
Available today, as enforced
No
Mother expressly exempt
Yes
Medication abortion distinct
Yes
Telehealth prescribing
No
Shield state
No
Civil bounty enforcement
No
Parental involvement
Consent one parent
Judicial bypass
Yes
Medicaid coverage
Hyde only
Fetal homicide law
Yes
Personhood language in law
Yes
Rape / incest exception
No
Exceptions present
Life, Ectopic miscarriage carveout
§ 3 What counts as “abortion” here
Abortion defined, miscarriage excluded
Abortion is defined as the deliberate termination of an intrauterine human pregnancy, excluding miscarriage management, ectopic treatment, and contraception.
Full analysis
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.
Legal analysis
La. R.S. 14:87.1(1)(a) defines abortion as the deliberate termination of an intrauterine human pregnancy after fertilization and prior to birth, causing the death of the unborn human being. The definition includes use of any means to kill an unborn child intentionally. Miscarriage removal is excluded. La. R.S. 40:1061(E) excludes contraception and emergency contraception. La. R.S. 14:87.1(18) defines medical emergency only in terms of averting death or substantial and irreversible impairment of a major bodily function, expressly excluding emotional, psychological, or mental conditions.
Verified at source · high confidence · La. R.S. 14:87.1(1)(a), subsection (1)(a), Louisiana State Legislature via Justia
§ 4 Current status
Total ban from fertilization
Louisiana prohibits abortion at all gestational stages; it has been a crime to perform an abortion statewide since June 24, 2022.
Full analysis
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.
Legal analysis
Three trigger bans operate simultaneously. The Human Life Protection Act (La. R.S. 40:1061) prohibits all abortion with a life/health exception. The second trigger ban (La. R.S. 14:87.7) is a flat prohibition. The third trigger ban (La. R.S. 14:87.8) addresses late term abortion. All three became operative upon Dobbs. Pre-Dobbs incremental gestational bans remain on the books but are mooted by the total ban.
Verified at source · high confidence · La. R.S. 14:87.7(A), subsection A, Justia · La. R.S. 40:1061(C), subsection C, Justia
Editor’s note Pre-Dobbs incremental gestational bans remain in the code but are effectively superseded by the total ban.
§ 5 Law-in-effect vs. law-on-the-books
Fully enforced, no active injunction
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.
Full analysis
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.
Legal analysis
In June Medical Services v. Landry, the 19th Judicial District Court issued a TRO on June 27, 2022. The Louisiana First Circuit Court of Appeal reversed and vacated the TRO on August 1, 2022. The Louisiana Supreme Court (No. 2022-CD-01038) denied review. No further injunctive relief has been granted. Enforcement is active: in January 2025, the DA for the 18th Judicial District indicted Dr. Margaret Carpenter for criminal abortion by means of abortion-inducing drugs.
Semi-verified · high confidence · June Medical Services v. Landry, No. 2022-CD-01038 (La. 2022), slip op. at 1, Louisiana Supreme Court · June Medical Services v. Landry (La. 1st Cir. Aug. 1, 2022), Center for Reproductive Rights
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 6 Exceptions
Life of the mother
Life exception, narrow
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.
Full analysis
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.
Legal analysis
La. R.S. 40:1061(F) provides the operative exception. La. R.S. 14:87.1(18) defines medical emergency expressly excluding emotional, psychological, or mental conditions. The dual-duty language creates ambiguity about whether a physician may prioritize the woman's life.
Verified at source · high confidence · La. R.S. 40:1061(F), subsection F, Justia · La. R.S. 14:87.1(18), subsection (18), Justia
Editor’s note The dual-duty language (preserve both lives) creates ambiguity. The EMTALA preemption question may be relevant in emergency-room settings.
Physical health
Physical health, narrow
Abortion is permitted to prevent serious permanent impairment of a life-sustaining organ, the only physical-health exception beyond a threat to life.
Full analysis
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.
Legal analysis
The operative language is in La. R.S. 40:1061(F). This is narrower than the 'serious risk of substantial and irreversible impairment of a major bodily function' language found in some other states. La. R.S. 14:87.1(18) further narrows by excluding emotional, psychological, or mental conditions.
Verified at source · high confidence · La. R.S. 40:1061(F), subsection F, Justia
Mental health
Mental health excluded
Emotional, psychological, and mental conditions are expressly excluded from the definition of medical emergency; mental health is not an exception.
Full analysis
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.
Legal analysis
La. R.S. 14:87.1(18) defines medical emergency with the express exclusion of any emotional, psychological, or mental condition.
Verified at source · high confidence · La. R.S. 14:87.1(18), subsection (18), Justia
Rape
No rape exception
Louisiana's criminal abortion ban has no rape exception; bills to add one failed in 2023, 2024, and 2025.
Full analysis
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.
Legal analysis
No rape exception exists in the operative criminal provisions. Bills proposing rape exceptions were voted down in committee in each of the three post-Dobbs legislative sessions. La. R.S. 40:1061.18 provides a rape-reporting mechanism only for public-funding eligibility and does not create a substantive exception.
Semi-verified · high confidence · HB 215 (2025 Regular Session), WWNO
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Incest
No incest exception
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.
Full analysis
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.
Legal analysis
No incest exception exists in the operative criminal provisions. The same bills that would have created a rape exception also proposed an incest exception, and all failed to advance from committee.
Semi-verified · high confidence · HB 215 (2025 Regular Session), WWNO
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Fatal fetal anomaly
No fetal anomaly exception
Louisiana has no statutory exception for fatal fetal diagnoses, though the Department of Health issued an emergency rule for medically futile pregnancies.
Full analysis
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.
Legal analysis
No fatal-fetal-anomaly exception appears in the criminal statutes. The LDH emergency rule is of doubtful validity, as the enabling statutes contain no such exception and an administrative agency cannot create an exception to a criminal statute by rulemaking.
Conflicting authority The emergency rule conflicts with the text of the criminal statutes, which contain no fatal-fetal-anomaly exception. A court has not yet tested whether the rule is lawful.
Verify before publication · low confidence · Louisiana Illuminator, Feb. 4, 2023, Louisiana Illuminator
Editor’s note The LDH emergency rule may have expired; its current status should be confirmed with the department before publication.
Ectopic pregnancy & miscarriage care
Ectopic and miscarriage carved out
Treatment of ectopic pregnancy and removal of a dead fetus from miscarriage are not abortion under Louisiana law.
Full analysis
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.
Legal analysis
La. R.S. 40:1061(G) provides that medical treatment resulting in accidental or unintentional injury or death to the unborn child is not a violation. Act 545 (2022) amended the exceptions to explicitly include treatment and removal of an ectopic pregnancy and medical procedures performed after a pregnant woman miscarries.
Verified at source · high confidence · La. R.S. 40:1061(G), subsection G, Justia
§ 7 Methods
Procedural / surgical
Procedural abortion banned
All procedural abortion methods are criminalized; D&E dismemberment abortion and D&X partial-birth abortion carry separate, additional prohibitions.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.1.3 makes it unlawful to intentionally perform or attempt a dismemberment abortion unless necessary to prevent serious health risk to the mother. La. R.S. 14:87.12 separately criminalizes partial-birth abortion. The mother is expressly exempt under both method-specific statutes.
Verified at source · high confidence · La. R.S. 40:1061.1.3(C)(1), subsection C(1), FindLaw · La. R.S. 14:87.12, Justia
Medication abortion
Medication abortion banned, pills Schedule IV
Medication abortion is separately criminalized; mifepristone and misoprostol were added to Schedule IV controlled substances in 2024, uniquely among all states.
Full analysis
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.
Legal analysis
La. R.S. 14:87.9(A) criminalizes knowingly causing an abortion by means of delivering, dispensing, distributing, or providing an abortion-inducing drug. Penalties escalate under La. R.S. 14:87.9(B). La. R.S. 14:87.9(C)(3) states that a pregnant woman's own possession for her own consumption is not a crime under this section. Act 246 of 2024 added mifepristone and misoprostol to Schedule IV under La. R.S. 40:964. La. R.S. 40:1061.11 requires a physician to be in the same room when administering abortion-inducing drugs.
Conflicting authority La. R.S. 14:87.9(C)(3) exempts pregnant women from prosecution for possessing abortion-inducing drugs for their own consumption, but the Schedule IV classification under La. R.S. 40:964/969 creates potential criminal exposure for unauthorized possession separate from the abortion statute. This tension is unresolved.
Verified at source · high confidence · La. R.S. 14:87.9(A), subsection A, Louisiana State Legislature · La. R.S. 14:87.9(B), subsection B(1), Louisiana State Legislature · Act 246 of 2024 (SB 276), amending La. R.S. 40:964, Louisiana Department of Health · La. R.S. 40:1061.11(A), subsection A, FindLaw
Editor’s note The Schedule IV classification is the subject of ongoing litigation in state court.
Self-managed abortion
Self-managed: mother exempt, but pills Schedule IV
The pregnant woman is expressly exempt from criminal liability under the abortion statutes, but Schedule IV classification of abortion pills creates unresolved exposure.
Full analysis
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.
Legal analysis
La. R.S. 14:87.7(D), La. R.S. 40:1061(H), and La. R.S. 14:87.9(C)(2)-(3) all protect the pregnant woman. However, Act 246 (2024) added mifepristone and misoprostol to Schedule IV, and La. R.S. 40:969 separately criminalizes unauthorized possession. Whether a prosecutor could charge a pregnant woman under the controlled-substances statute is untested.
Conflicting authority The mother's express exemption under the abortion statutes conflicts with the potential for prosecution under the controlled-substances Schedule IV classification. This tension is unresolved and untested.
Verified at source · medium confidence · La. R.S. 14:87.7(D), subsection D, Justia · La. R.S. 40:1061(H), subsection H, Justia · La. R.S. 14:87.9(C)(2)-(3), subsection C(2)-(3), Louisiana State Legislature
Editor’s note The Carpenter case charged the mother of the pregnant minor as a co-defendant, not the pregnant minor herself.
§ 8 Actors: exposure, person by person
Who may perform an abortion
Physician-only, board-certified required
Only licensed physicians board-certified in OB/GYN or family medicine (or supervised residents) may perform abortions.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.10(A) requires that any person performing an abortion be a physician licensed in Louisiana and board-certified in OB/GYN or family medicine. Act 620 was held unconstitutional in June Medical Services L.L.C. v. Russo, 591 U.S. ___ (2020).
Semi-verified · high confidence · La. R.S. 40:1061.10(A), subsection A, Justia · June Medical Services L.L.C. v. Russo, 591 U.S. ___ (2020), Supreme Court of the United States
Editor’s note The admitting-privileges law (Act 620) was permanently enjoined and is unenforceable, but the statutory text remains on the books. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
The pregnant woman
Expressly exempt from criminal liability
Multiple statutes protect the pregnant woman from criminal liability; civil exposure under the 2025 civil-liability act is also excluded.
Full analysis
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.
Legal analysis
La. R.S. 14:87.7(D), La. R.S. 40:1061(H), La. R.S. 14:87.9(C)(2)-(3), La. R.S. 9:2800.12(F)(1), and La. R.S. 14:32.5(A) all exempt the pregnant woman. The Schedule IV issue creates a statutory tension no court has resolved.
Conflicting authority The Schedule IV controlled-substance classification creates unresolved potential criminal exposure for a pregnant woman possessing mifepristone/misoprostol without a prescription, despite express exemptions in the abortion statutes.
Verified at source · medium confidence · La. R.S. 14:87.7(D), subsection D, Justia · La. R.S. 9:2800.12(F)(1) as amended by Act 383 (2025), subsection F(1), Louisiana State Legislature · La. R.S. 14:32.5(A), subsection A, FindLaw
The physician
Felony, 1-10 years hard labor + fine
Physicians face 1-10 years imprisonment at hard labor, $10K-$100K fine, and license revocation; medication abortion carries higher penalties for cases involving minors.
Full analysis
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.
Legal analysis
La. R.S. 14:87.7(C) provides the penalty for criminal abortion. La. R.S. 14:87.9(B) provides escalating penalties for medication abortion. La. R.S. 40:1061.29 provides civil fines and professional discipline. La. R.S. 14:2(B)(51) lists criminal abortion as a crime of violence.
Verified at source · high confidence · La. R.S. 14:87.7(C), subsection C, Justia · La. R.S. 14:87.9(B), subsection B(1), Louisiana State Legislature · La. R.S. 14:2(B)(51), subsection B(51), FindLaw
Prescribers & pharmacists
Prescriber and pharmacist exposure exists
Non-physician prescribers and pharmacists face criminal exposure for providing abortion-inducing drugs; limited safe harbor for bona fide medical purposes.
Full analysis
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.
Legal analysis
La. R.S. 14:87.9(A) applies to a person, not limited to physicians. La. R.S. 14:87.9(C)(6) provides a limited safe harbor for pharmacists. La. R.S. 40:1061(C) reaches anyone who knowingly administers, prescribes, procures, or sells any substance with the specific intent of causing an abortion.
Verified at source · high confidence · La. R.S. 14:87.9(A), (C)(6), subsection A, Louisiana State Legislature
Nurses & clinic staff
Staff have accomplice and direct liability
Nurses and staff acting outside physician direction face direct liability; even those under direction may face accomplice liability for a felony offense.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.1.3(C)(2) provides a narrow exemption that applies only to the dismemberment abortion ban. La. R.S. 14:24 provides that all persons concerned in the commission of a crime are principals. Clinical staff could be charged as principals to criminal abortion under La. R.S. 14:87.7.
Semi-verified · medium confidence · La. R.S. 14:24, Louisiana Legislature
Editor’s note No known prosecution of clinical staff as accomplices has been brought. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Other helpers
Helpers exposed to criminal and civil liability
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.
Full analysis
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.
Legal analysis
Under La. R.S. 14:24, anyone who aids and abets or counsels or procures another to commit a crime is a principal. La. R.S. 9:2800.12 (as amended by Act 383) creates a civil cause of action against any person who knowingly performs or substantially facilitates an abortion. Statutory damages are at least $100,000.
Semi-verified · high confidence · La. R.S. 9:2800.12(A), as amended by Act 383 (2025), subsection A, Louisiana State Legislature
Editor’s note The 2025 amendments significantly expanded civil liability. The scope of 'coordinating the sale' is undefined. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 9 Aiding & assisting
Helping someone travel
Travel not expressly criminalized
Louisiana has no abortion trafficking law directly criminalizing travel assistance, but general accomplice-liability principles could theoretically apply.
Full analysis
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.
Legal analysis
No Louisiana statute specifically addresses abortion-related travel. Other states have enacted abortion trafficking laws; Louisiana has not. Traditional accomplice liability under La. R.S. 14:24 could theoretically reach conduct that aids a criminal abortion. Whether a court would apply accomplice liability to travel for an abortion performed lawfully in the destination state is an open constitutional question.
Conflicting authority Constitutional limits on a state's ability to reach conduct occurring in another state where that conduct is lawful are not settled post-Dobbs.
Semi-verified · medium confidence · La. R.S. 14:24, Louisiana Legislature
Editor’s note No targeted abortion trafficking statute exists in Louisiana. Monitor the 2026 session. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Paying for an abortion
Funding exposes to accomplice and civil liability
Paying for an abortion or abortion travel could constitute accomplice liability; the 2025 civil-liability act makes funding a target of civil suits.
Full analysis
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.
Legal analysis
Under La. R.S. 14:24, providing funds to facilitate a crime creates accomplice liability. La. R.S. 9:2800.12(B)(2) defines substantially facilitates to include coordinating the sale of abortion-inducing drugs. Funding the purchase could fall within this definition.
Semi-verified · medium confidence · La. R.S. 9:2800.12(D)(1), as amended by Act 383 (2025), subsection D(1), Louisiana State Legislature
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Mailing abortion medication
Mailing pills is criminalized
Delivering or distributing abortion-inducing drugs is a 1-5 year felony; the 2025 Carpenter indictment tests enforcement against out-of-state providers.
Full analysis
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.
Legal analysis
La. R.S. 14:87.9 criminalizes delivering, dispensing, distributing, or providing abortion-inducing drugs. The Carpenter indictment charges the physician under this theory. New York's shield law creates an interstate conflict.
Conflicting authority New York's shield law prohibits cooperation with out-of-state abortion prosecutions. The FDA's position on mifepristone dispensation may preempt state restrictions, but this is being litigated.
Verified at source · high confidence · La. R.S. 14:87.9(A), subsection A, Louisiana State Legislature · State of Louisiana v. Margaret Carpenter, 18th JDC, West Baton Rouge Parish (Jan. 2025), Politico
Editor’s note The Carpenter case is the first criminal indictment of an out-of-state physician for mailing abortion pills across state lines.
Providing information
Information liability unclear
Providing abortion information or referrals may trigger accomplice liability; no Louisiana statute specifically targets speech about abortion.
Full analysis
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.
Legal analysis
La. R.S. 14:24 reaches persons who directly or indirectly counsel or procure another to commit the crime. La. R.S. 46:447.1 forbids abortion information in state-funded family planning services. These are government-speech or funding restrictions, not general criminal prohibitions.
Verify before publication · medium confidence · La. R.S. 46:447.1, Louisiana Right to Life
Editor’s note No court has tested the limits of accomplice liability applied to speech about abortion in Louisiana.
Private civil enforcement (bounty suits)
No SB8-style civil bounty
Louisiana does not have a Texas SB8-style private civil-enforcement mechanism; the 2025 act limits the cause of action to the mother.
Full analysis
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.
Legal analysis
La. R.S. 9:2800.12(A) limits the right of action to the mother of the unborn child. Subsection F further limits defendants. This is structurally different from Texas's SB 8, which allows any person to sue any person.
Semi-verified · high confidence · La. R.S. 9:2800.12(A), as amended by Act 383 (2025), subsection A, Louisiana State Legislature
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 10 Procedural requirements
Waiting period
72-hour mandatory waiting period
A 72-hour waiting period between counseling and procedure is required; reduced to 24 hours for women living 150+ miles from the nearest facility.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.17(B)(3)(a) requires that at least seventy-two hours before the abortion, the physician must inform the woman in writing and orally in person. Subsection (B)(3)(c) reduces this to 24 hours for women living 150+ miles from the nearest facility.
Verified at source · high confidence · La. R.S. 40:1061.17(B)(3)(a), subsection B(3)(a), Louisiana State Legislature
Editor’s note These provisions are moot while the total ban is in effect.
Mandatory counseling
State-scripted counseling required
Louisiana mandates detailed in-person counseling about fetal development, abortion risks, alternatives, and support obligations.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.17(B) mandates comprehensive informed consent including physician qualifications, fetal characteristics, and availability of fetal anesthesia. These provisions are on the books but cannot be applied while abortion is banned.
Verified at source · high confidence · La. R.S. 40:1061.17(B), subsection B, Louisiana State Legislature
Ultrasound requirement
Ultrasound mandatory, must be performed
An obstetric ultrasound must be performed at least 72 hours before the abortion; the woman must be offered the opportunity to view it.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.10 requires an ultrasound prior to any abortion. La. R.S. 40:1061.17(B)(1) incorporates this into the informed-consent process. The ultrasound must be offered to the woman for viewing but she may decline.
Verified at source · high confidence · La. R.S. 40:1061.17(B)(3)(b)(vii), subsection B(3)(b)(vii), Louisiana State Legislature
In-person visits
Two in-person visits required
The counseling and waiting-period requirements compel at least two in-person visits: one for counseling and the second for the procedure.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.17(B)(2) and (B)(3)(a) require in-person communication at least 72 hours before the abortion. La. R.S. 40:1061.11(A) requires in-person dispensing of medication abortion drugs. The combined effect compels two trips.
Verified at source · high confidence · La. R.S. 40:1061.17(B)(2), subsection B(2), Louisiana State Legislature
Editor’s note These provisions are moot while the total ban is in effect.
§ 11 Minors
Parental involvement
Parental consent, one parent
An unemancipated minor under 18 must obtain notarized consent from one parent, guardian, or tutor, or secure a judicial bypass order.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.14(A) requires either notarized parental consent with government-issued ID or a court order. Subsection C(1) states that nothing in this Section shall be construed as creating or recognizing a right to abortion.
Verified at source · high confidence · La. R.S. 40:1061.14(A), subsection A, Louisiana State Legislature
Judicial bypass
Judicial bypass available
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.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.14(B) establishes the bypass procedure with the clear-and-convincing maturity standard and the alternative best-interest standard. Appeal is trial de novo to the court of appeal, heard within 48 hours.
Verified at source · high confidence · La. R.S. 40:1061.14(B)(4)(b), subsection B(4)(b), Louisiana State Legislature
§ 12 Paternal & spousal rights
Consent & notice laws on the books
No spousal consent on the books
Louisiana has no statute requiring spousal consent or notice for an abortion.
Full analysis
Louisiana does not have a law requiring a married woman to get her husband's consent or to notify him before having an abortion.
Legal analysis
No spousal consent or notice statute is in the current Louisiana code. Under Planned Parenthood v. Danforth and Planned Parenthood v. Casey, spousal-notice requirements are unconstitutional. Whether Dobbs reopens this question is academic, as Louisiana has not enacted such a provision.
No law on this point · high confidence
Enforceability after Danforth and Dobbs
Spousal consent unenforceable if enacted
Under Danforth (1976) and Casey (1992), spousal consent requirements are unconstitutional; Louisiana has not enacted one post-Dobbs.
Full analysis
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.
Legal analysis
Danforth, 428 U.S. at 69, and Casey, 505 U.S. at 887-98, hold that spousal consent is unconstitutional. Post-Dobbs, states may argue these precedents are undermined. Louisiana has not enacted such a statute, so the question is not ripe.
Semi-verified · high confidence · Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 69 (1976), slip op. at 69, U.S. Supreme Court
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Other paternal rights
Father has wrongful-death standing
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.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.1.3(D)(1)(a) provides standing for the natural or biological father. La. R.S. 40:1061.29(C)(3) provides recovery for the woman for the death of her unborn child under Civil Code Article 2315.2. Louisiana courts recognize a cause of action for wrongful death of an unborn child.
Verified at source · high confidence · La. R.S. 40:1061.1.3(D)(1)(a), subsection D(1)(a), FindLaw
§ 13 Fetal personhood
Fetal homicide law
Feticide, mother excluded
Louisiana criminalizes feticide at any stage post-fertilization-and-implantation by a third party; the mother is expressly excluded.
Full analysis
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.
Legal analysis
La. R.S. 14:32.5(A): Feticide is the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother. Unborn child is defined in La. R.S. 14:2(11) as any individual of the human species from fertilization and implantation until birth. First-degree feticide: up to 15 years. All degrees are crimes of violence.
Verified at source · high confidence · La. R.S. 14:32.5(A), subsection A, FindLaw · La. R.S. 14:2(11), subsection A(11), FindLaw
Wrongful death
Wrongful death action for unborn child
Louisiana law permits a civil wrongful-death action for an unborn child; viability is not required under specific abortion-related statutes.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.1.3(D)(1) provides a cause of action under Civil Code Articles 2315.1 and 2315.2 whether or not the unborn child was viable. La. R.S. 40:1061.29(C)(3) similarly provides recovery regardless of viability. La. R.S. 9:2800.12(D) adds special and general damages, exemplary damages, and additional exemplary damages when the woman was a minor.
Verified at source · high confidence · La. R.S. 40:1061.1.3(D)(1), subsection D(1), FindLaw
Personhood definitions
Person defined from fertilization and implantation
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.
Full analysis
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.
Legal analysis
La. R.S. 14:2(A)(7) defines person as a human being from fertilization and implantation. La. R.S. 14:2(A)(11) defines unborn child identically. La. R.S. 22:1014(A)(4) declares the unborn child a human being from conception and a legal person entitled to the right to life. La. R.S. 9:123-126 treat IVF embryos as juridical persons.
Verified at source · high confidence · La. R.S. 14:2(A)(7), subsection A(7), FindLaw · La. R.S. 22:1014(A)(4), subsection A(4), Louisiana State Legislature
Internal contradictions
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.
§ 14 Telehealth & interstate questions
Telehealth prescribing
Telehealth for abortion prohibited
Louisiana requires a physician to be in the same room when dispensing abortion-inducing drugs, effectively banning telehealth prescribing.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.11(A) requires the physician to be in the same room. Louisiana is challenging the FDA's 2023 REMS modification in Louisiana v. FDA, No. 6:25-cv-01491 (W.D. La.). The case is currently stayed pending an FDA safety review.
Conflicting authority The FDA's position that mifepristone can be prescribed via telehealth conflicts with Louisiana's in-person requirement. The federal preemption question is being litigated.
Verified at source · high confidence · La. R.S. 40:1061.11(A), subsection A, FindLaw · Louisiana v. FDA, No. 6:25-cv-01491 (W.D. La., filed Oct. 6, 2025), Civil Rights Litigation Clearinghouse
Editor’s note Louisiana v. FDA is stayed as of April 2026 pending an FDA safety review.
Out-of-state travel
Travel out of state not prohibited
Louisiana does not criminalize traveling out of state to obtain an abortion; no statute prohibits residents from leaving for abortion care.
Full analysis
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.
Legal analysis
No Louisiana statute restricts out-of-state travel for abortion. The operative criminal statutes are framed in terms of acts performed upon a pregnant woman, not her travel.
No law on this point · high confidence
Shield & hostile laws
Hostile, not a shield state
Louisiana is actively prosecuting out-of-state abortion providers; it has no shield law and has indicted a New York physician.
Full analysis
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.
Legal analysis
Louisiana has no shield law. The Carpenter indictment charges the physician under La. R.S. 14:87.9. New York's shield law prohibits cooperation. This creates a direct interstate conflict that may ultimately be resolved by the U.S. Supreme Court.
Conflicting authority New York's shield law creates a direct legal conflict. The interstate enforcement question is an unresolved constitutional issue.
Semi-verified · high confidence · State of Louisiana v. Margaret Carpenter, 18th JDC, West Baton Rouge Parish (indictment Jan. 31, 2025), Politico
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 15 Funding & insurance
Medicaid
Medicaid: Hyde only, plus rape/incest if federally required
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.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.6(A) prohibits use of public funds for abortion except when medically necessary to prevent the death of the mother. Subsections B-E create a conditional fallback that activates coverage for rape and incest only if the life-only provision is found to violate the Hyde Amendment.
Verified at source · high confidence · La. R.S. 40:1061.6(A)(1), subsection A(1), FindLaw
Private insurance
Private insurance abortion coverage restricted
Louisiana prohibits health plans offered through the state ACA exchange from covering abortion services.
Full analysis
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.
Legal analysis
La. R.S. 22:1014(B) prohibits exchange plans from offering abortion coverage. The provision was enacted pursuant to § 1303 of the Affordable Care Act.
Verified at source · high confidence · La. R.S. 22:1014(B), subsection B, Louisiana State Legislature
ACA exchange plans
Exchange plans barred from abortion coverage
Louisiana ACA marketplace plans may not cover abortion; this restriction is codified in La. R.S. 22:1014.
Full analysis
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.
Legal analysis
Governed by La. R.S. 22:1014, enacted under the opt-out provision of ACA § 1303.
Verified at source · high confidence · La. R.S. 22:1014(B), subsection B, Louisiana State Legislature
State funding of providers
Defunds abortion providers
Louisiana prohibits state contracts, grants, or funding to any entity that performs abortions, including through Medicaid provider agreements.
Full analysis
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.
Legal analysis
La. R.S. 40:1061.6(A)(2)(a) prohibits the Louisiana Department of Health from entering into provider agreements for Medicaid funding with any entity that performs abortions or is co-located with an abortion facility. The restriction applies to state funds, federal funds, and any other public funds.
Verified at source · high confidence · La. R.S. 40:1061.6(A)(2)(a)(i), subsection A(2)(a)(i), FindLaw
§ 16 Penalties, actor by actor
| Actor | Offense | Penalty |
|---|---|---|
| Physician performing an abortion Verified at source |
Criminal abortion (La. R.S. 14:87.7) La. R.S. 14:87.7(C), subsection C, Justia |
Imprisonment at hard labor for 1-10 years; fine of $10,000-$100,000; professional discipline including license revocation |
| Physician providing medication abortion Verified at source |
Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9) La. R.S. 14:87.9(B), subsection B(1)-(3), Louisiana State Legislature |
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 Verified at source |
Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9) La. R.S. 14:87.9(B)(1), subsection B(1), Louisiana State Legislature |
1-5 years hard labor + $5K-$50K fine; plus potential unauthorized-practice penalties |
| Any person facilitating abortion with pills (delivering, mailing, dispensing) Semi-verified |
Criminal abortion by means of abortion-inducing drugs (La. R.S. 14:87.9); civil liability (La. R.S. 9:2800.12) La. R.S. 14:87.9(A)-(B); La. R.S. 9:2800.12(D)(1), subsection D(1), Louisiana State Legislature; Act 383 of 2025 |
1-5 years hard labor + $5K-$50K fine; civil statutory damages of $100,000+ |
| Pregnant woman Verified at source |
None under abortion statutes (expressly exempt); unresolved exposure under controlled-substances law La. R.S. 14:87.7(D); La. R.S. 40:1061(H); La. R.S. 14:87.9(C)(2)-(3); La. R.S. 40:969, subsection D, Justia; Louisiana State Legislature |
No criminal penalty under abortion statutes; potential unauthorized possession of Schedule IV substance (up to 5 years) is unresolved |
| Accomplice/helper (friend, family, fund, driver) Semi-verified |
Principal to criminal abortion (La. R.S. 14:24); civil liability (La. R.S. 9:2800.12) La. R.S. 14:24; La. R.S. 9:2800.12, Louisiana Legislature; Act 383 of 2025 |
Same penalty as principal: 1-10 years hard labor + $10K-$100K fine; civil statutory damages of $100,000+ |
§ 17 Since Dobbs: what changed
- June 24, 2022
U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade. Louisiana's three trigger bans become operative immediately.
Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022), U.S. Supreme Court
- June 27, 2022
State trial court issues TRO blocking enforcement of trigger bans in June Medical Services v. Landry. Abortion services briefly resume.
June Medical Services v. Landry, 19th JDC (June 27, 2022), Center for Reproductive Rights
- August 1, 2022
Louisiana First Circuit Court of Appeal lifts the TRO; the Louisiana Supreme Court denies review. Trigger bans take full effect.
June Medical Services v. Landry, La. 1st Cir. (Aug. 1, 2022); La. S. Ct. No. 2022-CD-01038, Louisiana Supreme Court
- August 1, 2022
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.
Act 548 of 2022, codified at La. R.S. 14:87.9, Louisiana State Legislature
- May 10, 2023
Louisiana House Criminal Justice Committee rejects bills to add rape and incest exceptions to the abortion ban.
WWNO report, May 10, 2023, WWNO
- May 8, 2024
Louisiana legislature again rejects rape and incest exceptions to the abortion ban.
Louisiana Illuminator, May 8, 2024, Louisiana Illuminator
- October 1, 2024
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.
Act 246 of 2024, codified at La. R.S. 40:964(Schedule IV)(F), La. R.S. 14:87.6.1, Louisiana Department of Health
- January 31, 2025
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.
State of Louisiana v. Margaret Carpenter, 18th JDC, West Baton Rouge Parish (indictment Jan. 31, 2025), Politico
- June 3, 2025
Louisiana House Criminal Justice Committee rejects HB 215, the latest bill to add rape and incest exceptions, the fourth such rejection since Dobbs.
WWNO report, June 3, 2025, WWNO
- June 24, 2025
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.
Act 383 of 2025, amending La. R.S. 9:2800.12, Louisiana State Legislature
§ 18 Pending changes
Louisiana v. FDA (No. 6:25-cv-01491, W.D. La.) Litigation
Status. 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.
Louisiana v. FDA, No. 6:25-cv-01491 (W.D. La., filed Oct. 6, 2025), Civil Rights Litigation Clearinghouse
State of Louisiana v. Margaret Carpenter (18th JDC, West Baton Rouge Parish) Litigation
Status. 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.
State of Louisiana v. Carpenter, 18th JDC, West Baton Rouge Parish, Politico
Constitutional challenge to Act 246 (mifepristone/misoprostol Schedule IV classification) Litigation
Status. 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.
Lawyering Project, Amended Petition, Jan. 2025, The Lawyering Project
June Medical Services v. Landry (merits phase) Litigation
Status. Preliminary injunction dissolved; merits litigation ongoing in 19th JDC
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.
June Medical Services v. Landry, 19th JDC, East Baton Rouge Parish, Center for Reproductive Rights