Spousal Consent

A court held that Louisiana's husband consent requirement for abortion is unconstitutional and unenforceable.  Jackson v. Guste, No. 74-2425 (E.D. La. Feb. 20, 1976), aff'd in part and vacated in part on other grounds, 429 U.S. 399 (1977).

This law provides that a married minor may not obtain an abortion until after her husband has been advised of his right to refuse an abortion for the minor, and has provided written consent acknowledging that a full explanation of the abortion procedure to be performed has been given and is understood.  La. Rev. Stat. Ann. § 40:1299.33(D) (Enacted 1973).

The U.S. Supreme Court held that requiring a woman to obtain her husband's consent prior to an abortion is unconstitutional.  Planned Parenthood of Cent. Mo. v. Danforth, 428 U.S. 52, 67-72 (1976).