§87.3. Prohibited cutting, resection, excision, harvesting, removal, sale, receipt, research,
commerce, or transport of fetal organs, tissues, and body parts
A. No person may knowingly and for money, including but not limited to fees for
storage or handling, any payments for reimbursement, repayments, or compensation, or any
(1) Buy, sell, receive, or otherwise transfer or acquire a fetal organ or body part
resulting from an induced abortion.
(2) Transport with the intent to sell or otherwise transfer a fetal organ or body part
resulting from an induced abortion.
(3) Transport a fetal organ or body part resulting from an induced abortion that has
been acquired by any person via any transaction prohibited by this Section.
B. For purposes of this Section:
(1) "Fetal body part" means a cell, tissue, organ, or other part of an unborn child who
is aborted by an induced abortion.
(2) "Induced abortion" means the act of using or prescribing any instrument,
medicine, drug, or any other substance, device, or means with the intent to terminate the
clinically diagnosable pregnancy of a woman with knowledge that the termination by those
means will, with reasonable likelihood, cause the death of the unborn child. Such use,
prescription, or means is not an abortion if undertaken with the intent to do any of the
(a) Save the life or preserve the health of the unborn child.
(b) Remove an unborn child who died of natural causes.
(c) Remove an ectopic pregnancy.
(3) "Miscarriage or stillbirth" means the spontaneous or accidental death of an
unborn child, whether the death occurred in the womb or in the process of birth. Death of
the unborn child is indicated by the lack of signs of breathing or any other evidence of life,
such as beating of the heart, pulsation of the umbilical cord, or definite movement of
(4) "Receive" includes acquiring any fetal organ or fetal body part, or the rights to
any fetal organ or fetal body part, through an act of donation or sale via any transaction
prohibited by this Section.
(5) "Unborn child" means any individual of the human species from fertilization and
implantation until birth.
C. After an induced abortion has been completed, no person shall intentionally cut,
resection, excise, harvest, or remove any body part, organ, or tissue of the aborted unborn
child for any purpose prohibited by this Section, or for sale, commerce, transport, research,
D.(1) Nothing in this Section shall be construed to prohibit any transaction related
to the final disposition of the bodily remains of the aborted human being in accordance with
state law, or to prohibit any conduct permitted under state law that is undertaken with any
of the following purposes:
(a) The purpose of providing knowledge solely to the mother, such as for pathological
or diagnostic purposes.
(b) The purpose of providing knowledge solely to law enforcement officers, such as
the case of an autopsy following a feticide.
(2) Nothing in this Section shall be construed to prohibit the donation of bodily
remains from a human embryo or fetus whose death was caused by a natural miscarriage or
stillbirth, in accordance with the guidelines and prohibitions provided in applicable state and
(3) Nothing in this Section shall be construed to affect existing federal or state law
regarding the practice of abortion, or to create or recognize a right to abortion.
E. Any person who violates this Section shall be sentenced to a term of imprisonment
at hard labor for not less than ten nor more than fifty years, at least ten years of which shall
be served without benefit of probation or suspension of sentence, and may, in addition, be
required to pay a fine of not more than fifty thousand dollars.
Acts 2016, No. 196, §1; Acts 2017, No. 243, §1, eff. June 14, 2017.