{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-ut","type":"legislation","level":"state","jurisdiction":"Utah","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Legal to 18 weeks; trigger ban enjoined","summary":"Abortion is legal in Utah up to 18 weeks gestational age (measured from last menstrual period); a near-total trigger ban remains enjoined pending constitutional litigation in state court.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":18,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"yes","ban_or_limit_enjoined":true,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":false,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Second-degree felony, 1-15 years","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":72,"state_scripted_counseling":true,"ultrasound_required":"offered","in_person_visits_required":2,"parental_involvement":"consent_and_notification","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","fatal_fetal_anomaly","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/ut.html","markdown":"https://www.abhortion.org/legislation/ut.md","summary_json":"https://www.abhortion.org/legislation/ut.json","full_json":"https://www.abhortion.org/legislation/ut-full.json","verbose_json":"https://www.abhortion.org/legislation/ut-verbose.json"},"overview":{"title":"Legal to 18 weeks; trigger ban enjoined","summary":"Abortion is legal in Utah up to 18 weeks gestational age (measured from last menstrual period); a near-total trigger ban remains enjoined pending constitutional litigation in state court.","description":"Abortion is currently legal in Utah through 18 weeks of pregnancy, measured from the first day of your last menstrual period. Abortions are available at licensed clinics and hospitals. A stricter law known as the 'trigger ban' (SB 174) — which would ban nearly all abortions — was passed in 2020 and took effect briefly in June 2022 when Roe v. Wade was overturned, but a state court blocked it almost immediately. The Utah Supreme Court upheld that block in August 2024, and the trigger ban remains on hold while a full constitutional trial proceeds. A separate law that would have required all abortions to happen in hospitals (effectively closing clinics) is also blocked by a court order. The 18-week limit includes exceptions after 18 weeks for the life or serious physical health of the pregnant woman and for lethal fetal abnormalities. Rape and incest exceptions exist but are also limited to before 18 weeks, and a separate law bars abortion if the sole reason is a Down syndrome diagnosis.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"},{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html"}]},"sections":{"definitions":{"title":"Physician-caused death of unborn child","summary":"Utah defines 'abortion' as an act by a physician using an instrument or prescribing a drug with intent to cause the death of an unborn child of a woman known to be pregnant; miscarriage management, ectopic pregnancy removal, and non-consensual killing are excluded.","description":"Under Utah law, 'abortion' means a physician's act of using a medical instrument or prescribing a drug with the intention of causing the death of an unborn child of a woman known to be pregnant, except as specifically permitted. The definition does not include removing a dead fetus, removing an ectopic pregnancy, or a non-consensual killing of an unborn child (unless the physician cannot get consent because of a medical emergency). The separate trigger-ban definition at § 76-7a-101 also covers intentional termination, killing, or causing of miscarriage of a live unborn child through a medical procedure or substance used under a physician's direction, and likewise excludes delivery of a stillborn and removal of an ectopic pregnancy. Gestational age is measured from the first day of the last menstrual period.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html"}]},"current_status":{"title":"Legal to 18 weeks LMP; trigger ban enjoined","summary":"Abortion is legal up to 18 weeks gestational age (LMP) under § 76-7-302; the SB 174 near-total trigger ban remains enjoined; the HB 467 hospital-only requirement is also enjoined; a Down-syndrome-selective abortion ban is in effect.","description":"Today, abortion is legal in Utah up to 18 weeks of pregnancy, measured from the first day of the last menstrual period. You can obtain an abortion at a licensed clinic or hospital. After 18 weeks, abortion is available only if your life or a major bodily function is seriously at risk, or if two maternal-fetal medicine specialists agree the fetus has a condition incompatible with life. Rape and incest exceptions exist, but only before 18 weeks. A separate law says you cannot have an abortion if your sole reason is a Down syndrome diagnosis. Two stricter laws — the near-total trigger ban (SB 174) and a requirement that all abortions happen in hospitals — are blocked by court orders and are not currently enforced.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.4.html"}]},"enforcement_status":{"title":"Two major provisions enjoined","summary":"The SB 174 trigger ban (near-total) is enjoined pending merits trial; the HB 467 hospital-only/clinic ban is also enjoined; the 18-week limit and Down syndrome ban are in full effect.","description":"Two major abortion restrictions passed by the Utah Legislature are blocked by court orders and cannot be enforced. First, the SB 174 'trigger ban,' which would ban almost all abortions, is on hold because the Utah Supreme Court upheld a preliminary injunction in August 2024. Second, the HB 467 'clinic ban,' which would require all abortions to happen in hospitals, was blocked in May 2023. Both injunctions remain in effect while the underlying constitutional lawsuits proceed in state district court. The 18-week limit, the Down syndrome restriction, the 72-hour waiting period, parental consent requirements, and other regulatory laws are currently in effect.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html"},{"name":"ACLU of Utah","href":"https://www.acluutah.org/press-releases/breaking-court-blocks-implementation-utah-law-functionally-bans-abortion"}]},"exceptions":{"life":{"title":"Life exception at any gestation","type":"life","summary":"Abortion is permitted at any gestational age to avert the death of the pregnant woman.","description":"Utah law allows an abortion at any point in pregnancy if it is necessary to prevent the pregnant woman's death. This exception applies under both the current 18-week law and the enjoined trigger ban. No special certification beyond the physician's judgment is required under the 18-week law, though the trigger ban would require the treating physician and one other physician to concur in writing.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"physical_health":{"title":"Physical health exception after 18 weeks","type":"physical_health","summary":"After 18 weeks, abortion is permitted to avert a serious physical risk of substantial impairment of a major bodily function.","description":"After 18 weeks of pregnancy, Utah allows an abortion if continuing the pregnancy would pose a serious risk of substantial and irreversible harm to a major bodily function — for example, risking kidney failure, stroke, or similar severe physical damage. This is a physical-health-only exception; mental health conditions alone do not qualify.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"Utah law does not recognize a standalone mental health exception for abortion.","description":"Utah's abortion laws do not include a mental health exception. After 18 weeks, an abortion is permitted only for threats to the woman's life or a serious risk of substantial physical impairment of a major bodily function — mental health conditions alone do not legally justify a post-18-week abortion. The enjoined trigger ban likewise includes no mental health exception.","verification":"not_applicable","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"rape":{"title":"Rape exception, before 18 weeks only","type":"rape","summary":"Abortion is permitted before 18 weeks for rape, but the physician must verify that the assault was reported to law enforcement.","description":"A person who becomes pregnant as a result of rape may obtain an abortion in Utah, but only before 18 weeks of pregnancy. The law requires that the assault be reported to law enforcement and that the physician verify this report before performing the abortion. After 18 weeks, rape alone is not a sufficient legal ground for abortion — only the life and physical health exceptions apply.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"incest":{"title":"Incest exception, before 18 weeks only","type":"incest","summary":"Same legal framework as the rape exception: abortion is permitted before 18 weeks for incest, with law-enforcement-report verification required.","description":"The incest exception operates identically to the rape exception. A person pregnant as a result of incest may obtain an abortion before 18 weeks, and the physician must verify that the incest has been reported to law enforcement. After 18 weeks, incest alone is not a legal ground for abortion.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"fatal_fetal_anomaly":{"title":"Lethal fetal anomaly, any gestation","type":"fatal_fetal_anomaly","summary":"Abortion is permitted at any gestational age when two maternal-fetal medicine physicians concur in writing that the fetus has a condition incompatible with life.","description":"If two maternal-fetal medicine specialists agree in writing that the fetus has a condition that is incompatible with life — meaning the baby would not survive — an abortion may be performed at any stage of pregnancy. The physician must also inform the woman, verbally and in writing, that perinatal hospice and palliative care are available as an alternative.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic and miscarriage excluded","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of abortion expressly excludes removal of an ectopic pregnancy and removal of a dead unborn child, so these procedures are not regulated as abortions.","description":"Utah law is clear that treating an ectopic pregnancy (where the embryo implants outside the uterus) and removing a miscarried fetus are not considered abortions. These procedures fall entirely outside the abortion laws and may be performed without following the abortion-specific requirements like waiting periods or mandatory counseling.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html"}]}},"methods":{"procedural_surgical":{"title":"Legal to 18 weeks; D&X banned","summary":"Procedural (surgical) abortion is legal up to 18 weeks; partial-birth abortion (D&X) is banned at any stage by separate statute; D&E is not banned.","description":"Surgical abortion procedures are legal in Utah up to 18 weeks of pregnancy. After 18 weeks, surgical abortion is available only under the life, physical health, or lethal fetal anomaly exceptions. Utah has a ban on 'partial-birth abortion' (also known as D&X or intact dilation and extraction), which is a third-degree felony. The more common D&E (dilation and evacuation) procedure — which involves dismemberment — is expressly excluded from the definition of partial-birth abortion and is not separately banned. Abortions must be performed in a licensed abortion clinic or hospital (§ 76-7-302(3)), and only by a physician (§ 76-7-302(1)).","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S326_1800010118000101.pdf"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"medication":{"title":"Legal to 18 weeks; in-person required","summary":"Medication abortion (mifepristone/misoprostol) is legal up to 18 weeks but requires a physician and in-person dispensing; telehealth prescribing is not permitted under Utah's physician-only and in-person requirements.","description":"Medication abortion — using pills rather than a surgical procedure — is legal in Utah through 18 weeks of pregnancy. However, Utah law defines abortion as an act by a physician, so only a licensed physician can prescribe or provide the medication. The mandatory 72-hour waiting period and state-scripted information module must be completed in person, and the law requires at least one face-to-face consultation. This effectively means you cannot get abortion pills through a telehealth appointment alone. The pills must be dispensed through the same clinic-or-hospital pathway as procedural abortions. Federal FDA rules permit mifepristone by mail, and Utah has no specific statute prohibiting mailing abortion pills into the state, but in practice the in-person requirements make telehealth-only prescribing unavailable.","verification":"verified","confidence":"medium","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html"},{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]},"self_managed":{"title":"Mother exempt; not criminalized","summary":"Utah law expressly exempts the pregnant woman from criminal liability for seeking or obtaining an abortion for herself; self-managed abortion is not independently criminalized.","description":"A pregnant person who ends her own pregnancy outside the medical system — for example, by obtaining abortion pills online or using other methods — is not criminally liable under Utah law. The statute says clearly that 'a woman who seeks to have or obtains an abortion for herself is not criminally liable.' Because Utah's definition of 'abortion' requires a physician's involvement, self-managed acts do not legally fit the definition either. While self-managed abortion is not endorsed or facilitated by state law, a pregnant woman cannot be prosecuted under the state abortion statutes.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"},{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-314-5"}]}},"actors":{"who_may_perform":{"title":"Physician only; clinic or hospital","summary":"Only licensed physicians (MD, DO, or equivalent federal physician) may perform abortions; advanced-practice clinicians may not; abortions must be performed in a licensed abortion clinic or hospital.","description":"In Utah, only a licensed physician — a medical doctor (MD), osteopathic doctor (DO), or an equivalent federally employed physician — may perform an abortion. Nurse practitioners, physician assistants, and certified nurse-midwives cannot legally perform abortions or prescribe abortion medication, though some may participate in counseling under the informed-consent process. Abortions must be done in a licensed abortion clinic or hospital, unless a medical emergency requires a different location. The law that would have required all abortions to happen only in hospitals is blocked by a court order, so licensed clinics remain available.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from liability","summary":"The pregnant woman is expressly and categorically exempted from criminal liability for seeking or obtaining an abortion for herself under § 76-7-314(1)(b)(i).","description":"A pregnant person in Utah cannot be criminally prosecuted for seeking or obtaining an abortion. The law explicitly says that 'notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.' This is a blanket exemption — it protects the woman regardless of whether the abortion is legal or illegal for the provider.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"}]},"physician":{"title":"Second-degree felony, 1-15 years","summary":"A physician who performs an unauthorized abortion faces a second-degree felony (1-15 years imprisonment and up to $10,000 fine) plus license revocation.","description":"A physician who performs an abortion that does not comply with Utah law can be charged with a second-degree felony, which carries a prison sentence of 1 to 15 years and a fine of up to $10,000. In addition, the physician faces professional discipline: the Division of Professional Licensing can suspend or revoke their medical license. The Department of Health and Human Services is also required to report violating physicians to the Division.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7A/C76-7a-S201_2020051220200512.pdf"},{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S301.html"}]},"prescriber_pharmacist":{"title":"Non-physician prescribers excluded","summary":"Since only physicians may perform or prescribe abortions, non-physician prescribers and pharmacists face exposure if they dispense abortion medication outside the physician-supervised framework.","description":"Because Utah law reserves abortion to physicians, a nurse practitioner, physician assistant, or pharmacist who independently prescribes or dispenses abortion medication would be acting outside the law. They could face charges for practicing medicine without a license or for aiding an unauthorized abortion. A pharmacist filling a valid in-state physician prescription for abortion medication in compliance with the 18-week limit and procedural requirements is not at criminal risk. Filling an out-of-state telehealth prescription for a Utah patient could expose the pharmacist, but the core barrier is that the physician-only and in-person requirements make such prescriptions highly unlikely to reach a Utah pharmacy in the first place.","verification":"verified","confidence":"medium","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"}]},"nurses_and_staff":{"title":"Aiding-and-abetting exposure possible","summary":"Nurses and clinic staff who assist an illegal abortion could face accomplice liability under Utah's general complicity statute, but no Utah-specific abortion accomplice provision exists.","description":"Nurses and clinic staff who participate in an abortion that complies with the 18-week limit and all procedural requirements face no legal risk. However, if a physician performs an illegal abortion, nurses or staff who knowingly assist could theoretically be charged as accomplices under Utah's general criminal law. In practice, with the trigger ban enjoined and abortion legal to 18 weeks, clinic staff are not known to have been prosecuted.","verification":"verified","confidence":"medium","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter2/76-2-S202.html"}]},"other_helpers":{"title":"No express helper liability","summary":"Utah has no statute specifically criminalizing those who assist a pregnant person in obtaining an abortion (driving, funding, lodging); general complicity law is the outer bound.","description":"There is no Utah law that specifically makes it a crime to help someone get an abortion — for example, by giving them a ride, paying for the procedure, or providing a place to stay. The only way a helper could face legal trouble is under Utah's general complicity statute, which applies only if the helper knowingly assists an illegal act. Since abortion is legal up to 18 weeks, helping someone obtain a lawful abortion does not create criminal exposure. Utah has not enacted an 'abortion trafficking' law of the kind adopted in Idaho and Tennessee.","verification":"verified","confidence":"high","sources":[{"name":"Guttmacher Institute","href":"https://states.guttmacher.org/policies/utah/abortion-policies"}]}},"aiding_and_assisting":{"travel_assistance":{"title":"Not criminalized","summary":"Utah has no law criminalizing assistance with out-of-state travel for abortion; general complicity law does not reach lawful out-of-state conduct.","description":"It is not a crime in Utah to help someone — including a minor — travel to another state to obtain an abortion. Utah has not enacted an 'abortion trafficking' law. In contrast to Idaho and Tennessee, which have made it a crime to help a minor cross state lines for an abortion without parental consent, Utah has no such statute. The general complicity statute applies only if the underlying conduct is criminal, and obtaining an abortion in a state where it is legal is not a Utah crime.","verification":"not_applicable","confidence":"high","sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/526/489/"}]},"funding":{"title":"No criminalization; insurance restricted","summary":"Paying for someone else's lawful abortion is not criminalized in Utah, though state-regulated insurance plans are barred from covering abortion beyond narrow exceptions.","description":"There is no Utah law that makes it a crime to pay for someone else's abortion or to donate to an abortion fund. A friend, parent, or employer can pay for an abortion or related travel without facing criminal charges under state law. However, insurance companies in Utah are restricted: private health plans and plans on the health insurance exchange cannot cover abortion except in narrow circumstances (to save the woman's life or prevent serious physical impairment, for lethal fetal anomalies, or in cases of rape or incest). Medicaid covers abortion only in the federal Hyde Amendment situations: life endangerment, rape, or incest.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html"}]},"mailing_pills":{"title":"No specific mailing ban","summary":"Utah has no statute that specifically prohibits mailing abortion medication into or within the state, but the physician-only and in-person requirements make mailed pills practically inaccessible through legal channels.","description":"Utah does not have a law that directly bans sending or receiving abortion pills by mail. However, because abortion must be initiated by a physician with an in-person consultation and a 72-hour waiting period, getting pills mailed from an out-of-state telehealth provider is not consistent with Utah's regulatory scheme. This means that while receiving mailed pills is not itself a crime under a specific mailing-ban statute, the overarching physician-only and in-person framework makes it practically unavailable through legal channels in Utah.","verification":"not_applicable","confidence":"medium"},"providing_information":{"title":"Not criminalized","summary":"Utah does not criminalize providing information, referrals, or website links about abortion; First Amendment protection for truthful speech about lawful out-of-state activity is strong.","description":"It is not a crime in Utah to give someone information about where or how to get an abortion, whether in Utah or another state. There is no law prohibiting referrals, sharing websites, or counseling about abortion options. The First Amendment of the U.S. Constitution protects truthful speech about lawful activities, and Utah has not attempted to restrict this type of communication.","verification":"not_applicable","confidence":"high","sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/421/809/"}]},"civil_bounty":{"title":"No civil bounty law","summary":"Utah has not enacted an SB8-style private civil enforcement mechanism; there is no civil bounty allowing private citizens to sue abortion providers or helpers.","description":"Utah has not followed Texas in creating a law that lets private citizens sue anyone who helps someone get an abortion. There is no civil bounty, no private right of action for members of the public to enforce the abortion laws, and no statutory damages available to private plaintiffs beyond the narrow partial-birth-abortion civil remedy for fathers and maternal grandparents.","verification":"not_applicable","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"72-hour mandatory wait","summary":"A person must complete the state's online information module, attend an in-person counseling visit, and then wait at least 72 hours before the abortion procedure.","description":"Utah requires a 72-hour waiting period between receiving state-mandated information and having an abortion. First, you must complete the state's online information module and get a certificate of completion. Then you must attend an in-person face-to-face consultation where a qualified professional gives you specific information about the procedure, fetal development, and alternatives. Only after 72 hours have passed from that consultation can the abortion be performed. This means at least two separate trips to the clinic: one for the counseling visit and one for the procedure.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]},"mandatory_counseling":{"title":"State-scripted module required","summary":"The state requires viewing of a Department of Health and Human Services information module that includes fetal-development descriptions, alternatives to abortion, and information about child support and adoption.","description":"Before obtaining an abortion, you must complete an online information module created by the Utah Department of Health and Human Services. The module includes information about abortion procedures, fetal development at various stages, alternatives to abortion (including adoption), and resources for prenatal care and child support. You must view the entire module and present evidence of completion before the mandatory face-to-face consultation. The state also provides a website with additional materials, including an informational support sheet about Down syndrome. These materials are medically contested by some professional organizations, particularly provisions describing medication-abortion reversal and certain fetal-development claims.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]},"ultrasound_requirement":{"title":"Ultrasound offered, not mandated","summary":"Utah does not require an ultrasound before an abortion, but if one is performed, the images must be displayed simultaneously so the woman can choose to view them, and a detailed description must be provided on request.","description":"You are not required to have an ultrasound before getting an abortion in Utah. However, if an ultrasound is performed for any reason before the abortion, the clinic must display the images on a screen where you can see them (though you can choose not to look). If you ask, the person performing the ultrasound must describe the images in detail, including the size of the fetus, whether there is cardiac activity, and what body parts or organs are visible. The state is required to provide an ultrasound at no cost if you request one.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]},"in_person_visits":{"title":"Minimum 2 in-person visits","summary":"The 72-hour waiting period plus the face-to-face counseling and the procedural visit require at least two separate in-person trips to a clinic or hospital.","description":"Because of Utah's requirements, you generally must make at least two separate trips to a clinic or hospital to obtain an abortion. The first trip is for the mandated in-person counseling session where you review the state information module and have a face-to-face consultation. The second trip — at least 72 hours later — is for the actual abortion procedure. The physician must also have a separate face-to-face consultation with you before the procedure, which can occur on the same day as the procedure.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]}},"minors":{"parental_involvement":{"title":"One-parent consent plus notification","summary":"Utah requires both consent of one parent (or guardian) and notification of a parent or guardian at least 24 hours before performing an abortion on a minor; exceptions exist for medical emergencies and for minors under 14 in rape/incest cases.","description":"If you are under 18, unmarried, and not emancipated, Utah law requires that one of your parents or a legal guardian give written consent before you can get an abortion. In addition, the physician must notify a parent or guardian at least 24 hours before the abortion. There are exceptions: if a medical emergency makes delay dangerous; if you are under 14 and the pregnancy resulted from rape or incest (in which case the Division of Child and Family Services may act as guardian); or if you obtain a court order (judicial bypass) excusing the requirement. The law does not require both parents to consent — one is sufficient.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.5.html"}]},"judicial_bypass":{"title":"Bypass available; maturity standard","summary":"A minor may petition a juvenile court to bypass parental involvement by proving by a preponderance of the evidence that she is mature and well-informed enough to consent or that an abortion is in her best interests; hearing within 3 days, with appeal rights.","description":"If you are a minor who cannot or does not want to involve a parent, you can ask a judge for permission to get an abortion on your own. This process is called judicial bypass. The court will approve your petition if you show that you are mature enough and well-informed enough to make the decision yourself, or if getting the abortion without parental involvement is in your best interests. The court must schedule a hearing and make a decision within 3 days of your filing. The proceedings are confidential, and you have the right to appeal if the judge denies your petition. You can have a lawyer, but a lawyer is not required — the court will appoint one at no cost if you request it.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.5.html"},{"name":"Utah Judicial Bypass Project","href":"https://www.utahjudicialbypass.org/about.html"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Utah has no statute requiring spousal consent or spousal notification for abortion; the only paternal-notice provisions relate to minors (parental consent/notification), not husbands.","description":"There is no Utah law requiring a married woman to get her husband's consent or to notify him before having an abortion. The only notification and consent laws in Utah involve parents of minors, not spouses or partners. A husband has no legal right to consent to, be notified of, or veto an abortion decision.","verification":"not_applicable","confidence":"high","sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/428/52/"}]},"enforceability":{"title":"Not applicable; no law to enforce","summary":"Since Utah has no spousal consent or notice statute, there is nothing to enforce; Danforth and Casey remain persuasive but not directly tested in Utah post-Dobbs.","description":"Because Utah does not have a spousal consent or notification law, there is nothing to enforce against a married woman. The U.S. Supreme Court decisions striking down such laws remain the law of the land, though Dobbs has changed the legal landscape. If Utah were to pass a spousal consent law, it would face litigation testing whether Dobbs opens the door to such laws.","verification":"not_applicable","confidence":"high","sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/505/833/"}]},"other_paternal_rights":{"title":"Father has civil remedy for partial-birth abortion","summary":"Under § 76-7-327, a father married to the mother at the time of a partial-birth abortion (and maternal grandparents if the mother is a minor) may sue for damages; no other paternal veto or consent rights exist.","description":"The only legal right a father has regarding abortion in Utah is the ability to sue for money damages if a partial-birth abortion is performed on the fetus. The father must have been married to the mother at the time of the abortion. Maternal grandparents can also sue if the mother is a minor. The father has no right to consent to, veto, or be notified of an abortion. Under Utah case law, the father also has standing to bring a wrongful-death claim for an unborn child from the moment of conception.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S327_1800010118000101.pdf"},{"name":"FindLaw","href":"https://caselaw.findlaw.com/ut-supreme-court/1589517.html"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide at any stage","summary":"Under Utah Code § 76-5-201, causing the death of an unborn child at any stage of development is criminal homicide; lawful abortions are expressly excluded.","description":"Utah law treats killing an unborn child as homicide — at any stage of pregnancy. If a third party (not the pregnant woman) assaults a pregnant woman and causes the death of her fetus, that person can be charged with homicide. This law does not apply to lawful abortions or to the pregnant woman herself. The abortion statutes explicitly say that a lawful abortion is not criminal homicide, and the mother-exemption provisions protect the pregnant woman.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter5/76-5-S201.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.5.html"}]},"wrongful_death":{"title":"Wrongful-death claim from conception","summary":"Under Carranza v. United States, 2011 UT 80, parents may bring a wrongful-death action for an unborn child beginning at conception.","description":"Utah courts recognize that parents can sue for the wrongful death of an unborn child from the moment of conception. This means if a third party's negligence or wrongful act causes a miscarriage or stillbirth, the parents can seek money damages through a wrongful-death lawsuit. This right exists from conception, not just from viability.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/ut-supreme-court/1589517.html"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S109.html"}]},"personhood_definition":{"title":"Unborn have 'inherent and inalienable rights'","summary":"Utah Code § 76-7-301.1 declares that 'unborn children have inherent and inalienable rights that are entitled to protection by the state of Utah pursuant to the provisions of the Utah Constitution,' but this declaration coexists with statutes permitting abortion.","description":"Utah law contains a legislative declaration that unborn children have 'inherent and inalienable rights' protected by the Utah Constitution. This is a statement of policy, not an operative criminal prohibition. It sits alongside laws that permit abortion up to 18 weeks, creating a notable tension in Utah's legal framework. The declaration does not override the operative abortion statutes, and the Utah Supreme Court has not interpreted it as independently prohibiting abortion.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.1.html"}]},"contradictions_analysis":"Utah law is internally contradictory on fetal personhood. The Legislature declares that unborn children have 'inherent and inalienable rights' protected by the state constitution (§ 76-7-301.1), that fetal homicide is homicide 'at any stage of development' (§ 76-5-201), and that wrongful-death claims lie 'beginning at conception' (Carranza, 2011 UT 80). The same code permits elective abortion through 18 weeks (§ 76-7-302(2)(a)) and bars it after 18 weeks only on the provider side. The pregnant woman is expressly exempted from criminal liability (§ 76-7-314(1)(b)(i)). The definition of abortion carves out the removal of a dead unborn child and ectopic pregnancies (§ 76-7-301(1)(b)). The Utah Supreme Court in PPAU v. State (2024 UT 28) recognized that the state constitution may protect a right to abortion grounded in bodily integrity, family composition, and gender equality — rights that, if ultimately upheld, would coexist awkwardly with the personhood declaration. This creates a tripartite tension: the Legislature declares the unborn a rights-bearing person; the criminal code treats fetal killing as homicide; yet the abortion code permits termination of that same unborn person through 18 weeks and shields the mother from all liability."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Not permitted under current law","summary":"Utah's physician-only requirement, 72-hour waiting period, and in-person counseling mandate collectively preclude telehealth-only prescribing of abortion medication.","description":"You cannot legally obtain abortion medication through a telehealth appointment in Utah. The law requires an in-person visit to view the state's information module, a face-to-face counseling session, and a 72-hour waiting period before the procedure. Because medication abortion is regulated under the same framework as procedural abortion, there is no separate pathway for a telehealth prescription. An out-of-state provider prescribing abortion pills to a Utah patient by telehealth would not be complying with Utah law, though the pregnant woman herself is exempt from prosecution.","verification":"verified","confidence":"high","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]},"out_of_state_travel":{"title":"Travel permitted; no extraterritorial reach","summary":"Utah residents may lawfully travel out of state for abortion care; Utah has no statute attempting to criminalize or penalize out-of-state travel for abortion.","description":"It is legal for a Utah resident to travel to another state — such as Colorado, Nevada, or New Mexico — to obtain an abortion. Utah has not passed any law that tries to penalize or prevent residents from leaving the state for abortion care. The constitutional right to interstate travel remains protected.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"Not a shield state","summary":"Utah is not a shield-law state; it offers no statutory protection to providers or patients from other states' abortion-related investigations or prosecutions; it has supported litigation against federal EMTALA preemption of state abortion laws.","description":"Utah is not one of the states that has passed a 'shield law' to protect abortion providers from out-of-state investigations. In fact, Utah's Attorney General has joined multi-state efforts arguing that federal EMTALA law does not override state abortion restrictions. If someone from another state came to Utah for an abortion and that state tried to investigate or prosecute, Utah law provides no special protection.","verification":"verified","confidence":"high","sources":[{"name":"Utah Attorney General","href":"https://attorneygeneral.utah.gov/supporting-idahos-defense-against-federal-preemption-of-abortion-restrictions"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde Amendment only","summary":"Utah Medicaid covers abortion only in cases of life endangerment, rape, or incest, consistent with the federal Hyde Amendment; no state funds are used to expand coverage.","description":"If you are enrolled in Utah Medicaid, your coverage for abortion is limited to the three circumstances required by the federal Hyde Amendment: when your life is in danger, or when the pregnancy resulted from rape or incest. Utah does not use state funds to cover abortion beyond these narrow situations. For all other abortions, you must pay out of pocket or rely on private abortion funds.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"KFF","href":"https://www.kff.org/womens-health-policy/abortion-coverage-limitations-in-medicaid-and-private-insurance-plans"}]},"private_insurance":{"title":"Coverage restricted","summary":"Utah prohibits private health benefit plans from covering abortion except in limited permitted circumstances (life, serious physical risk, lethal fetal anomaly, rape, incest), including plans sold on the ACA exchange.","description":"Private health insurance plans in Utah cannot cover abortion except in narrow situations: to save your life or prevent serious physical impairment, if the fetus has a lethal condition, or if the pregnancy is from rape or incest. This applies to all health benefit plans, including those sold through the Affordable Care Act marketplace. If you want abortion coverage beyond these situations, it is not available through standard Utah-regulated plans.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html"}]},"exchange_plans":{"title":"Exchange plans restricted identically","summary":"ACA marketplace plans in Utah are subject to the same abortion-coverage restrictions as all other private health benefit plans.","description":"Plans sold on Utah's health insurance exchange (healthcare.gov) are subject to the same abortion coverage limits as other private plans. They can only cover abortion in cases of life endangerment, serious physical risk, lethal fetal anomaly, rape, or incest. This means if you buy insurance through the ACA marketplace, you will not have coverage for most abortions.","verification":"verified","confidence":"high","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html"}]},"state_funding_of_providers":{"title":"Defunds abortion providers","summary":"Utah has enacted legislation to defund Planned Parenthood and other abortion providers from state family-planning funds and has barred abortion providers from teaching in public schools.","description":"Utah has actively moved to cut off public funding to organizations that provide abortions. In 2011, the state prioritized funding to non-abortion-providing entities. In 2025, a federal budget provision blocked Planned Parenthood from Medicaid reimbursements for one year, and the Utah Legislature passed HB 233, which bans entities that perform elective abortions from providing health education in public schools. These measures are designed to reduce the institutional presence and funding of abortion providers in the state.","verification":"verify_before_publication","confidence":"medium","sources":[{"name":"TrackBill","href":"https://trackbill.com/bill/utah-house-bill-233-school-curriculum-amendments/2607880"}]}},"penalties_summary":[{"verification":"verified","sources":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7A/C76-7a-S201_2020051220200512.pdf"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S301.html"}]},{"verification":"verified","sources":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"}]},{"verification":"verified","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-314-5"}]},{"verification":"verified","sources":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"},{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S327_1800010118000101.pdf"}]},{"verification":"verified","sources":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305"}]},{"verification":"verified","sources":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"}]},{"verification":"verified","sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html"},{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html"}]}],"recent_changes":[{"sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/~2020/bills/static/sb0174.html"}]},{"sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/597/19-1392/"}]},{"sources":[{"name":"ACLU of Utah","href":"https://www.acluutah.org/cases/planned-parenthood-association-utah-v-state-utah-2022"}]},{"sources":[{"name":"ACLU of Utah","href":"https://www.acluutah.org/cases/planned-parenthood-association-utah-v-state-utah-2022"}]},{"sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/~2023/bills/static/HB0467.html"}]},{"sources":[{"name":"ACLU of Utah","href":"https://www.acluutah.org/press-releases/breaking-court-blocks-implementation-utah-law-functionally-bans-abortion"}]},{"sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.4.html"}]},{"sources":[{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html"}]},{"sources":[{"name":"Utah Legislature","href":"https://le.utah.gov/~2025/bills/static/HB0233.html"}]}],"pending_changes":[{"name":"Planned Parenthood Ass'n of Utah v. State of Utah","sources":[{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html"}]},{"name":"Potential 2026 General Session bills"}],"key_authorities":[{"authority_type":"statute","name":"18-Week Gestational Limit","citation":"Utah Code § 76-7-302","source_url":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","why_it_matters":"The operative gestational limit: abortion legal to 18 weeks LMP; post-18-week exceptions for life, physical health, and lethal fetal anomaly."},{"authority_type":"statute","name":"SB 174 Trigger Ban (Enjoined)","citation":"Utah Code § 76-7a-201","source_url":"https://le.utah.gov/xcode/Title76/Chapter7a/76-7a-S201.html","why_it_matters":"The near-total abortion ban passed in 2020, triggered by Dobbs, but currently enjoined; if upheld, would prohibit abortion at any stage except in three narrow circumstances."},{"authority_type":"statute","name":"Down Syndrome Abortion Restriction","citation":"Utah Code § 76-7-302.4","source_url":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.4.html","why_it_matters":"Prohibits abortion if the sole reason is a Down syndrome diagnosis; in effect and not enjoined."},{"authority_type":"statute","name":"Mother Exemption from Criminal Liability","citation":"Utah Code § 76-7-314(1)(b)(i)","source_url":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","why_it_matters":"The blanket exemption shielding the pregnant woman from criminal prosecution for seeking or obtaining an abortion."},{"authority_type":"statute","name":"72-Hour Waiting Period and Informed Consent","citation":"Utah Code § 76-7-305","source_url":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","why_it_matters":"Mandates the 72-hour waiting period, state information module viewing, face-to-face counseling, and ultrasound display requirements."},{"authority_type":"statute","name":"Parental Consent and Notification for Minors","citation":"Utah Code §§ 76-7-304, 76-7-304.5","source_url":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.5.html","why_it_matters":"Requires one-parent consent and 24-hour parental notification for minors, with judicial bypass available."},{"authority_type":"statute","name":"Insurance Coverage Restriction","citation":"Utah Code § 31A-22-726","source_url":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html","why_it_matters":"Restricts private and exchange-plan abortion coverage to limited permitted circumstances."},{"authority_type":"statute","name":"Definition of Abortion","citation":"Utah Code § 76-7-301","source_url":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","why_it_matters":"Defines the scope of regulated conduct; excludes ectopic pregnancy, miscarriage management, and non-consensual killing."},{"authority_type":"statute","name":"Fetal Homicide and Personhood Declaration","citation":"Utah Code §§ 76-5-201, 76-7-301.1, 76-7-301.5","source_url":"https://le.utah.gov/xcode/Title76/Chapter5/76-5-S201.html","why_it_matters":"Defines fetal killing as homicide at any stage and declares unborn children have inherent rights; creates tension with the abortion-permissive provisions."},{"authority_type":"case","name":"Planned Parenthood Ass'n v. State (SB 174 injunction affirmed)","citation":"2024 UT 28","source_url":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html","why_it_matters":"Utah Supreme Court affirmed the preliminary injunction against SB 174, finding serious state constitutional questions about bodily integrity, family composition, and gender equality."},{"authority_type":"case","name":"Carranza v. United States (fetal wrongful death)","citation":"2011 UT 80","source_url":"https://caselaw.findlaw.com/ut-supreme-court/1589517.html","why_it_matters":"Held that Utah's wrongful-death statute permits claims for unborn children beginning at conception."},{"authority_type":"statute","name":"Partial-Birth Abortion Ban and Paternal Civil Remedy","citation":"Utah Code §§ 76-7-326, 76-7-327","source_url":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S327_1800010118000101.pdf","why_it_matters":"Bans D&X procedure and grants the father and maternal grandparents civil damages for violations."},{"authority_type":"statute","name":"HB 467 Clinic Ban (Enjoined)","citation":"2023 Utah Laws ch. 301 (HB 467)","source_url":"https://le.utah.gov/~2023/bills/static/HB0467.html","why_it_matters":"Would require all abortions in hospitals, effectively closing clinics; enjoined since May 2, 2023 on state constitutional grounds."}],"research_notes":{"overall_confidence":"high","gaps":["The applicability of Carranza v. United States (2011 UT 80) to the current wrongful-death statute (§ 78B-3-106) has not been squarely adjudicated; the Carranza court limited its holding to the pre-2009 statute.","No Utah appellate decision has tested the mother-exemption (§ 76-7-314(1)(b)(i)) in the context of self-managed abortion, particularly regarding the fetal homicide statute.","FDA preemption of state in-person dispensing requirements for mifepristone remains unresolved and is subject to ongoing federal litigation and regulatory uncertainty.","The exact timeline for the SB 174 merits trial in the Third District Court has not been publicly announced; the litigation posture could change rapidly.","The 2025 federal budget provision blocking Planned Parenthood's Medicaid reimbursements is not codified in permanent law and is time-limited to one year; its effect on Utah's affiliate should be monitored.","Whether the federal Comstock Act will be enforced against mailing of abortion medication is an evolving federal question beyond the scope of Utah-specific research."],"editor_notes":"Before publication, verify the following: (1) The current Utah Code edition for any amendments enacted during the 2025 or 2026 legislative sessions, particularly to §§ 76-7-302, 76-7-305, and 76-7-314. (2) The status of the SB 174/HB 467 merits trial in the Third District Court — a trial date or summary judgment ruling could change the operative legal framework. (3) Whether HB 233 (2025) has been challenged in court and on what grounds. (4) The current penalty classifications in § 76-7-314 — the 2006 edition cited may have been amended. (5) Whether any Utah court has subsequently applied Carranza to the current § 78B-3-106. (6) The latest developments in FDA v. Alliance for Hippocratic Medicine and any federal regulatory changes affecting mifepristone access. (7) Monitor for any Utah 'abortion trafficking' or travel-assistance legislation in the 2026 General Session."}}}}