After Roe in Utah, abortion will be illegal in most circumstances. Keep reading to find out more about what abortion law would be in your state after Roe.
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Utah will ban nearly all abortions after Roe. It has a “trigger law” that bans almost all abortions immediately now that Roe is overturned. Utah Code Ann. §§ 76-7a-201. Unfortunately, that law is currently enjoined pending a hearing from the Utah Sopreme Court.
What is my state’s next step in the fight for life, once Roe is overturned?
Utah is in great shape after Roe is overturned. When that happens, Utah’s top priority should be passing legal protections for babies who do survive abortions performed in order to save a mother’s life, usually known as “born alive laws.”
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would be in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Because Utah has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Utah’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes, exceptions to the trigger law ban include:
If the abortion is necessary to save the mother’s life or prevent her from substantial and irreversible loss of bodily function.
If two fetal physicians agree in writing that the baby has a lethal defect or a severe brain abnormality.
If the mother is a victim of rape or incest. Utah Code Ann. §§ 76-7a-201.
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the trigger law are a second-degree felony. Clinics are also subject to license revocation. Utah Code Ann. §§ 76-7a-201.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The law provides no cause of action.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
Yes. The physician must use the abortion method that gives the unborn child the best chance of survival. Utah Code Ann. §§ 76-7-307.
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Yes. Notice and consent from one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would most likely become unnecessary when the trigger law takes effect. Utah Code Ann. §§ 76-7-304.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Healthcare providers may refuse to participate in or procedures that lead to an abortion.
Healthcare facilities can refuse to perform abortions or admit patients for procedures leading to an abortion. Utah Code Ann. § 76-7-306.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: An abortion may only be performed by a physician licensed in Utah. Utah Code Ann. §§ 76-7-302, Utah Code Ann. §§ 76-7a-201.
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes. Both in-person counseling and informed consent are required; however, this provision would most likely become unnecessary when the trigger law takes effect. Utah Code Ann. §§ 76-7-305.
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes, a 72-hour waiting period after counseling is required; however, this provision would most likely become unnecessary when the trigger law takes effect. Utah Code Ann. §§ 76-7-305.
MAKING A MORE PROLIFE UTAH
Your state does not (yet!) have a state family policy council working on the issue of life at your state’s capitol. But the need to fight for life in your state is critical!
If you’re interested in helping start a state family policy council in Utah, please contact us at: Mail@familypolicyalliance.com.
And, be sure to check out the good prolife work being done by our national allies as well and find a way to plug into the #AfterRoe movement!