Near-total ban. Near-total ban at any gestational age. That is what separates Louisiana whether abortion is legal from a generic national summary. Read La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7 before the background sections below. Louisiana's trigger ban is among the nation's strictest and took effect after Dobbs. Almost all abortions are prohibited in-state, and criminal statutes target providers. Patients must travel out of state for nearly all abortion care.
Gestational limits and exceptions
Limit: Near-total ban at any gestational age
Exceptions and carve-outs: Narrow exceptions address preventing the death of the pregnant woman or a substantial risk of death, and carefully defined cases of medically futile pregnancy. Rape and incest are not general exceptions under the trigger ban.
Clinics, hospitals, and telehealth providers may also face facility licensing, reporting, parental-involvement, and informed-consent rules that are separate from the core ban-or-protect statute. Those rules can affect how care is delivered even when abortion remains lawful in Louisiana.
Federal backdrop after Dobbs
Dobbs overruled Roe and Casey and held that the U.S. Constitution does not confer a right to abortion, returning the issue to “the people and their elected representatives.” That holding does not erase Louisiana law — it makes Louisiana law decisive. Interstate travel, FDA medication-abortion rules, EMTALA emergency-care disputes, and Medicaid funding fights can still surface in federal court, but the everyday legality question for a patient or clinic in Louisiana is answered first by La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7 and Louisiana case law.
Practical research tips
- Read the full text of La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7 on LawDiver (or the linked authority page) before relying on a secondary summary.
- Search Louisiana opinions for terms such as
abortion,reproductive,viability, and the short name of the primary statute. - Check whether a temporary restraining order or preliminary injunction currently blocks enforcement — summaries lag injunctions.
- Sibling consumer guides on LawDiver cover other Louisiana topics (self-defense, family law, eviction) for related research.
A concrete Louisiana scenario
Here is one way the Louisiana pieces fit together. Change any fact and the statute may point somewhere else.
A patient asks whether care is lawful in Louisiana. The current characterization is Near-total ban.
- Read La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7 and confirm the gestational rule: Near-total ban at any gestational age.
- Check the exceptions written into Louisiana law: Narrow exceptions address preventing the death of the pregnant woman or a substantial risk of death, and carefully defined cases of medically futile pregnancy. Rape and incest are not general exceptions under the trigger ban.
- Providers face felony exposure; Louisiana has also pursued aggressive enforcement theories and reporting requirements that chill remaining reproductive-health services.
- Open the Louisiana opinions linked in this guide before relying on a national summary.
Louisiana answers the legality question from La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7. Federal constitutional law no longer supplies a nationwide right after Dobbs.
Case law: abortion and reproductive regulation in Louisiana
State v. Brown
State v. Brown, 378 So. 2d 916 (1979)
….2d 147 (1973), which prohibits the regulation of voluntary abortions within the first trimester of pregnancy. The only extraneous materials available to us which relate to the legislative intent in amending the definition of the word "person" do not reveal any intent to broaden the murder statute (except perhaps by implication), but rather an intent to legislate in the problem…
State v. Brown is worth reading on Louisiana abortion / reproductive rights because the court put the point in its own words: ".2d 147 (1973), which prohibits the regulation of voluntary abortions within the first trimester of pregnancy. The only extraneous materials available to us which relate to the legislative intent in amending the definition of the word 'person' do not reveal any intent to broaden" Use that passage as the starting point, then read the facts that precede it.
STATE of Louisiana v. Dr. Paul M. CAMPBELL
STATE of Louisiana v. Dr. Paul M. CAMPBELL, 263 La. 1058 (1972)
…Campbell, was charged, tried and convicted of the crime of abortion, denounced by LSA-R.S. 14:87, and sentenced to serve three years in the State Penitentiary. During the trial, defendant reserved sixteen bills of exceptions ; however, for this appeal he has perfected only six bills on which he relies for a reversal of the conviction and sentence. *1062 Defendant reserved his…
STATE of Louisiana v. Dr. Paul M. CAMPBELL is worth reading on Louisiana abortion / reproductive rights because the court put the point in its own words: "Campbell, was charged, tried and convicted of the crime of abortion, denounced by LSA-R.S. 14:87, and sentenced to serve three years in the State Penitentiary." Use that passage as the starting point, then read the facts that precede it.
Arsenaux v. Arsenaux
Arsenaux v. Arsenaux, 428 So. 2d 427 (1983)
…her right to privacy to exclude testimony about an alleged abortion in a suit for separation or divorce. The trial court gave the wife a separation on the ground of abandonment, decreed her free from fault and awarded her custody of a minor son, Andre. Alimony and child support were fixed at $550 per month. The husband had reconvened for a divorce, alleging that the wife obtai…
Louisiana opinions such as Arsenaux v. Arsenaux are cited where abortion / reproductive rights is disputed. The court stated: "The trial court gave the wife a separation on the ground of abandonment, decreed her free from fault and awarded her custody of a minor son, Andre. Alimony and child support were fixed at $550 per month." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE of Louisiana v. Evelyn SHIRLEY
STATE of Louisiana v. Evelyn SHIRLEY, 256 La. 665 (1970)
…ein, was.charged in a bill of information with the crime of abortion in violation of LRS 14:87 in that she did “for the purpose of procuring a premature delivery of the embryo or fetus, use a tube known as a French catheter, on MA YD ELLE JOHNSON, a pregnant female.” She was convicted and sentenced to serve four years in the Louisiana State Penitentiary. On this appeal the defe…
STATE of Louisiana v. Evelyn SHIRLEY is worth reading on Louisiana abortion / reproductive rights because the court put the point in its own words: "LRS 14:87 in that she did “for the purpose of procuring a premature delivery of the embryo or fetus, use a tube known as a French catheter, on MA YD ELLE JOHNSON, a pregnant female.” She was convicted and sentenced to serve four years in the Louisiana State Penitentiary." Use that passage as the starting point, then read the facts that precede it.
STATE v. MAUVEZIN
STATE v. MAUVEZIN, 136 La. 746 (1915)
…nt was convicted and sentenced for procuring and causing an abortion and premature delivery. The defendant was charged and prosecuted under the provisions of Act No. 24, p. 18, of 1S88, the title and first section of which read as follows: *747“No. 24. “An act to amend and re-enact section 807 of the Revised Statutes of 1870, relative to attempt to procure premature delivery or…
On abortion / reproductive rights, STATE v. MAUVEZIN speaks to the Louisiana dispute in this passage: "The defendant was charged and prosecuted under the provisions of Act No. 24, p. 18, of 1S88, the title and first section of which read as follows: *747“No. 24." The surrounding opinion shows how the court applied that language to the record.
Arsenaux v. Arsenaux
Arsenaux v. Arsenaux, 417 So. 2d 856 (1982)
…in excluding evidence that, allegedly, the wife had had an abortion, and that she could not have been impregnated by the husband because he had two years earlier had a 100% effective vasectomy. We remand for admission and consideration of the excluded evidence. The trial judge excluded evidence of the abortion on grounds of the wife's state statutory privilege, La.R.S. 13:3734…
Practitioners open Arsenaux v. Arsenaux when Louisiana abortion / reproductive rights turns on the distinction in this sentence: "We remand for admission and consideration of the excluded evidence. The trial judge excluded evidence of the abortion on grounds of the wife's state statutory privilege, La.R.S." Do not lift it out of the facts the court was deciding.
Women's Health Clinic v. State
Women's Health Clinic v. State, 2001 La. LEXIS 2992 (2001)
…ty of La. R.S. 9:2800.12, which imposes tort liability upon abortion providers in favor of "the mother of the unborn child for any damage occasioned or precipitated by the abortion." Plaintiffs, four clinics and a Louisiana-licensed physician who provide abortion services in Louisiana, alleged that the statute is unconstitutionally vague, violates the right to privacy, and deni…
Women's Health Clinic v. State is worth reading on Louisiana abortion / reproductive rights because the court put the point in its own words: "La. R.S. 9:2800.12, which imposes tort liability upon abortion providers in favor of 'the mother of the unborn child for any damage occasioned or precipitated by the abortion." Use that passage as the starting point, then read the facts that precede it.
Dr. Sidney C. KNIGHT v. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS
Dr. Sidney C. KNIGHT v. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS, 1968 La. App. LEXIS 4786 (1968)
…ainst him and then improperly concluded he had performed an abortion on one Mrs. Smith, the finding which resulted in the suspension of his license. When the petition was filed the Court issued alternative writs of mandamus and injunction. The defendant Board then pleaded various exceptions including an exception of lis pendens which the trial court maintained. On appeal from t…
Dr. Sidney C. KNIGHT v. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS is worth reading on Louisiana abortion / reproductive rights because the court put the point in its own words: "Mrs. Smith, the finding which resulted in the suspension of his license. When the petition was filed the Court issued alternative writs of mandamus and injunction." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Status in Louisiana: Near-total ban.
- Gestational rule of thumb: Near-total ban at any gestational age.
- Primary authority: La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7.
- Exceptions: Narrow exceptions address preventing the death of the pregnant woman or a substantial risk of death, and carefully defined cases of medically futile pregnancy.
- Pair this article with the LawDiver search rail (scoped to Louisiana) for reproductive-rights and clinic-regulation opinions.
Current abortion law in Louisiana
Louisiana's trigger ban is among the nation's strictest and took effect after Dobbs. Almost all abortions are prohibited in-state, and criminal statutes target providers. Patients must travel out of state for nearly all abortion care.
Providers face felony exposure; Louisiana has also pursued aggressive enforcement theories and reporting requirements that chill remaining reproductive-health services.
Federal constitutional law no longer supplies a nationwide right to abortion after Dobbs. State constitutions, statutes, and injunctions still matter enormously — and they change when legislatures amend trigger laws, voters pass ballot measures, or courts enter or lift stays. Treat this page as a research starting point, then verify the live statute text and the most recent Louisiana appellate opinions on LawDiver.
Frequently asked questions
Is abortion legal in Louisiana?
Louisiana's current characterization is Near-total ban. Near-total ban at any gestational age. Details turn on La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7 and any active court orders.
What exceptions exist in Louisiana?
Narrow exceptions address preventing the death of the pregnant woman or a substantial risk of death, and carefully defined cases of medically futile pregnancy. Rape and incest are not general exceptions under the trigger ban.
Does federal law still decide this?
Not as a nationwide constitutional right. After Dobbs, Louisiana statutes and Louisiana courts are the primary answer, subject to other federal statutes that may apply in narrow settings (for example, certain emergency-care or FDA disputes).
Where should I research further on LawDiver?
Start with La. Rev. Stat. § 40:1061; La. Rev. Stat. § 14:87.7, then run a Louisiana-scoped LawDiver search for abortion and reproductive-health opinions linked above.