After Roe in Utah, abortion is illegal in most circumstances. Keep reading to find out more about your state’s post-Roe abortion laws
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Utah bans nearly all abortions after Roe. Utah Code Ann. § 76-7a-201.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are 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, Utah’s other, lesser limitations and regulations on abortion are no longer necessary. Utah Code Ann. § 76-7a-201.
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 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 and the unborn child is less than 18 weeks old. 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.
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. The trigger law has rendered this provision unnecessary. Utah Code Ann. § 76-7-304, 304.5.
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. § 76-7a-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, the trigger law has rendered this provision unnecessary. 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!