2006 Louisiana Laws - RS 40:1299.35.16 — Partial birth abortion

§1299.35.16.  Partial birth abortion

A.  No licensed physician or any other person shall perform a partial birth abortion on a female unless the procedure is necessary to save the life of the female because her life is endangered by a physical disorder, physical illness, or physical injury; and further provided that no other medical procedure would suffice for that purpose.

B.(1)  As used in this Section, partial birth abortion means the intentional performance of a procedure on a female by a licensed physician or any other person whereby a living fetus or infant is partially delivered or removed from the female's uterus by vaginal means and then killed prior to complete delivery or removal.

(2)  As used in this Section, the terms "fetus" and "infant" are used interchangeably to mean the biological offspring of human parents.

C.  There is hereby created a cause of action against the licensed physician or any other person who performs a partial birth abortion for civil damages for survival 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 in favor of the natural or biological father of the aborted infant or fetus, the mother of the aborted infant or fetus or 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 such person's criminal conduct caused the pregnancy, or the person consented to the partial birth abortion.

Acts 1997, No. 906, §2, eff. July 10, 1997.