This text of Louisiana § 40:1061.28 (Partial birth abortion; civil action against abortionist) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1061.28. Partial birth abortion; civil action against abortionist
A. No licensed physician or any other person shall perform a partial birth abortion
on a female unless the procedure performed is necessary because of a medical emergency or
to save the life of the mother.
B. Repealed by Acts 2022, No. 545, §4.
C. Any person who is not a physician or not otherwise legally authorized by the state
to perform abortions, but who nevertheless directly performs a partial birth abortion, shall
be subject to the provisions of this Section.
D. There is hereby created a cause of action for civil damages for injuries and
wrongful death as more fully set forth in Louisiana Civil Code Articles 2315.1 and 2315.2,
except that such causes of action shall only be maintained by the following persons:
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§1061.28. Partial birth abortion; civil action against abortionist
A. No licensed physician or any other person shall perform a partial birth abortion
on a female unless the procedure performed is necessary because of a medical emergency or
to save the life of the mother.
B. Repealed by Acts 2022, No. 545, §4.
C. Any person who is not a physician or not otherwise legally authorized by the state
to perform abortions, but who nevertheless directly performs a partial birth abortion, shall
be subject to the provisions of this Section.
D. There is hereby created a cause of action for civil damages for injuries and
wrongful death as more fully set forth in Louisiana Civil Code Articles 2315.1 and 2315.2,
except that such causes of action shall only be maintained by the following persons:
(1) The natural or biological father of the aborted infant or fetus, unless such father's
criminal conduct caused the pregnancy.
(2) The mother of the aborted infant or fetus, unless the mother is a person of the full
age of majority and consented to the partial birth abortion.
(3) The parents or guardian on behalf of the mother of the aborted infant or fetus if
the mother was a minor at the time of the abortion, unless the parents or guardian consented
to the partial birth abortion.
E.(1) A physician charged with an offense under this Section may seek a hearing
before the Louisiana State Board of Medical Examiners on whether the physician's conduct
was necessary to save the life of the mother whose life was endangered by a physical
disorder, physical illness, or physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy itself.
(2) The findings on that issue are admissible on that issue at the trial of the physician.
Upon motion of the physician, the court shall delay the beginning of the trial for not more
than thirty days to permit such hearing to take place.