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Louisiana Abortion Laws

Explanation of Chart and More Information on Abortion Laws

Code Section 14:87, et seq. 40:1299.31 to 40.1299.35.18
Statutory Definition of Illegal AbortionDeliberate termination of human pregnancy after fertilization of a female ovum, after viability by any person, even the woman herself, with intent other than to produce live birth, remove ectopic pregnancy, or remove dead fetus. Partial Birth Abortion: Unlawful except when necessary to save life of a woman endangered by physical disorder, physical illness, or physical injury when no other medical procedure would suffice
Statutory Definition of Legal AbortionAfter viability or third trimester, any termination of pregnancy necessary to preserve life, health of mother and/or fetus; Also, 2nd physician must be in attendance for the abortion of a viable fetus.
Penalty for Unlawful AbortionCrime of abortion: 1-10 yrs., imprisoned at hard labor and $10,000-100,000 fine; Fine of not more than $1000 or imprisonment of up to 2 yrs. for violation (40:1299.31-1299.35.18); A person who kills a viable child during labor shall be sentenced to life imprisonment at hard labor, except when the death of the child results from an express act to save the life of the child or the mother.
Consent RequirementsWritten informed consent of woman 24 hours prior to abortion; if unemancipated minor, signed consent of parent or guardian or court, except in medical emergency or if judicial consent
Residency Requirements for Patients-
Physician Licensing RequirementsLicensed M.D. must make judgment of advisability or necessity of abortion, shall certify medical reasons for viability abortion, and procedure must be performed in licensed hospital

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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