{"schema":"abhortion.org/legislation.verbose/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.","legal_analysis":"Utah's operative abortion regime is established by Utah Code § 76-7-302, as amended by HB 467 (2023). It permits abortion up to 18 weeks' gestational age (calculated from LMP per § 76-7-301(6)) for any reason except that § 76-7-302.4 separately prohibits abortion if the sole reason is that the fetus has or may have Down syndrome. After 18 weeks, abortion is permitted only to avert death or serious physical risk of substantial impairment of a major bodily function, or where two maternal-fetal medicine physicians concur in writing that the fetus has a condition incompatible with life. The near-total trigger ban codified at § 76-7a-201 (SB 174, 2020) is enjoined by a preliminary injunction first granted by the Third District Court in July 2022 and affirmed by the Utah Supreme Court in Planned Parenthood Ass'n v. State, 2024 UT 28 (August 1, 2024). The hospital-only requirement imposed by HB 467 is separately enjoined by a May 2, 2023 district court order. The merits of the state constitutional challenge to SB 174 remain pending before the district court.","quote":"An abortion may be performed in this state only under the following circumstances: (a) the unborn child has not reached 18 weeks gestational age...","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)","pinpoint":"subsection (2)","quote":"An abortion may be performed in this state only under the following circumstances: (a) the unborn child has not reached 18 weeks gestational age; (b) the unborn child has reached 18 weeks gestational age, and: (i) the abortion is necessary to avert: (A) the death of the woman on whom the abortion is performed; or (B) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed; or (ii) subject to Subsection (4), two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a fetal abnormality that in the physicians' reasonable medical judgment is incompatible with life;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html","citation":"Planned Parenthood Ass'n v. State, 2024 UT 28","pinpoint":"paragraph 5","quote":"We affirm the district court and allow the preliminary injunction to remain in place while PPAU litigates its claims.","source_type":"case","accessed":"Slip opinion filed August 1, 2024"}]},"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.","legal_analysis":"Utah Code § 76-7-301(1)(a) defines abortion as 'the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part.' Subsection (1)(b) explicitly excludes: removal of a dead unborn child, removal of an ectopic pregnancy, and the non-consensual killing of an unborn child (unless the physician cannot obtain consent due to a medical emergency). § 76-7-301(6) defines 'gestational age' as 'the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman.' The trigger ban in § 76-7a-101 defines abortion more broadly but similarly excludes delivery of a stillborn and removal of an ectopic pregnancy. IVF and embryos outside the womb are not addressed in the abortion definitions. The statutory scheme does not define the pregnant woman's own self-managed actions as 'abortion,' which is significant for self-management liability.","quote":"'Abortion' means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part.","note":"The SB 174 trigger ban (76-7a-101) uses a parallel definition that also excludes stillbirth delivery and ectopic pregnancy removal. Check the current code edition; the definition at 76-7-301 was amended effective 3/14/2024.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(1)","pinpoint":"subsection (1)(a)","quote":"\"Abortion\" means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(1)(b)","pinpoint":"subsection (1)(b)","quote":"\"Abortion\" does not include: (i) removal of a dead unborn child; (ii) removal of an ectopic pregnancy; or (iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman...","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(6)","pinpoint":"subsection (6)","quote":"\"Gestational age\" means the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"As of the research date, Utah Code § 76-7-302 governs. It permits abortion to 18 weeks' gestational age (LMP) without a reason requirement (except the § 76-7-302.4 Down syndrome selective ban). Post-18-week abortions require a life/health emergency (death or 'serious physical risk of substantial impairment of a major bodily function') or a lethal fetal anomaly certified by two maternal-fetal medicine physicians. Rape and incest exceptions require a law enforcement report and are capped at 18 weeks. SB 174's near-total ban (§ 76-7a-201, which criminalizes abortion at any stage with only three narrow exceptions) is enjoined by a preliminary injunction affirmed in Planned Parenthood Ass'n v. State, 2024 UT 28. The HB 467 hospital-only requirement is separately enjoined since May 2, 2023. The § 76-7-302.4 Down syndrome restriction ('an abortion may not be performed if the pregnant mother's sole reason for the abortion is that the unborn child has or may have Down syndrome') is in effect and not separately enjoined.","quote":"An abortion may be performed in this state only under the following circumstances: (a) the unborn child has not reached 18 weeks gestational age...","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)","pinpoint":"subsection (2)","quote":"An abortion may be performed in this state only under the following circumstances: (a) the unborn child has not reached 18 weeks gestational age...","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.4.html","citation":"Utah Code § 76-7-302.4","pinpoint":"entire section","quote":"Notwithstanding any other provision of this part, an abortion may not be performed if the pregnant mother's sole reason for the abortion is that the unborn child has or may have Down syndrome, unless the abortion is permissible for a reason described in Section 76-7-302.","source_type":"statute","accessed":"Text as displayed in 2023 Utah Code edition"}]},"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.","legal_analysis":"The SB 174 trigger ban (§ 76-7a-201) was preliminarily enjoined by the Third District Court in July 2022; the Utah Supreme Court affirmed that injunction on interlocutory appeal in Planned Parenthood Ass'n v. State, 2024 UT 28 (August 1, 2024), holding that PPAU has standing and raised 'serious issues concerning SB 174's constitutionality' under the Utah Constitution's bodily integrity, family composition, and equal rights provisions. The HB 467 hospital-only requirement was separately preliminarily enjoined on May 2, 2023. Both cases are being litigated together before the Third District Court. No trial date has been set, and the State has not sought further appellate review of the preliminary injunction ruling. The 18-week ban (§ 76-7-302), the Down syndrome ban (§ 76-7-302.4), and all other procedural requirements in Part 3 of Chapter 7 of Title 76 remain enforceable.","quote":"PPAU raises serious issues concerning SB 174's constitutionality—and serious issues going to the merits is what Utah Rule of Civil Procedure 65A required when the district court evaluated the motion for a preliminary injunction. The district court did not abuse its discretion.","note":"The merits trial in the Third District Court has not yet occurred. No trial date had been publicly announced as of this research.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html","citation":"Planned Parenthood Ass'n v. State, 2024 UT 28","pinpoint":"paragraph 5","quote":"PPAU raises serious issues concerning SB 174's constitutionality—and serious issues going to the merits is what Utah Rule of Civil Procedure 65A required when the district court evaluated the motion for a preliminary injunction.","source_type":"case","accessed":"Slip opinion filed August 1, 2024"},{"name":"ACLU of Utah","href":"https://www.acluutah.org/press-releases/breaking-court-blocks-implementation-utah-law-functionally-bans-abortion","citation":"ACLU of Utah Press Release, May 2, 2023","quote":"the Third Judicial District Court for Salt Lake County, Utah blocked the implementation of H.B. 467 — a new law that would functionally eliminate access to abortion in the state starting May 3 — by granting abortion providers' request for a preliminary injunction.","source_type":"agency_guidance","accessed":"Press release dated May 2, 2023"}]},"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.","legal_analysis":"Under the operative § 76-7-302(2)(b)(i)(A), abortion after 18 weeks is permitted when 'necessary to avert the death of the woman on whom the abortion is performed.' Under the enjoined SB 174 (§ 76-7a-201), the life exception would require concurrence by the treating physician and one other physician in writing.","quote":"the abortion is necessary to avert: (A) the death of the woman on whom the abortion is performed;","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)(b)(i)(A)","pinpoint":"subsection (2)(b)(i)(A)","quote":"the abortion is necessary to avert: (A) the death of the woman on whom the abortion is performed; or (B) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"§ 76-7-302(2)(b)(i)(B) permits post-18-week abortion to avert 'a serious physical risk of substantial impairment of a major bodily function.' The statute uses 'serious physical risk' — mental health is not included. Under the enjoined SB 174, the standard is similar: 'a serious risk of substantial and irreversible impairment of a major bodily function' (§ 76-7a-201).","quote":"a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed;","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)(b)(i)(B)","pinpoint":"subsection (2)(b)(i)(B)","quote":"a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"Neither the operative 18-week limit (§ 76-7-302) nor the enjoined trigger ban (§ 76-7a-201) contains a mental health exception. The physical-health exception at § 76-7-302(2)(b)(i)(B) is limited to 'serious physical risk of substantial impairment of a major bodily function.' Mental health conditions, including suicidality, are not independently recognized as grounds for a post-18-week abortion under current Utah law.","verification":"not_applicable","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)(b)","pinpoint":"subsection (2)(b)","quote":"the abortion is necessary to avert: (A) the death of the woman on whom the abortion is performed; or (B) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed;","source_type":"statute","accessed":"Absence of mental health language. Text as displayed in 2024 Utah Code edition."}]},"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.","legal_analysis":"§ 76-7-302(2)(c) permits abortion before 18 weeks for pregnancies resulting from rape (as described in § 76-5-402), rape of a child (§ 76-5-402.1), or incest (§ 76-5-406(2)(j) or § 76-7-102). The physician must 'verify that the incident has been reported to law enforcement' (§ 76-7-302(2)(c)(ii)(A)). The physician must maintain records of the verification and report to the Department of Health and Human Services (§ 76-7-302(5)). This exception is capped at 18 weeks; after 18 weeks, a rape-related pregnancy does not independently qualify.","quote":"before the abortion is performed, the physician who performs the abortion: (A) for an abortion authorized under Subsection (2)(c)(i)(A), verifies that the incident described in Subsection (2)(c)(i)(A) has been reported to law enforcement;","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)(c)","pinpoint":"subsection (2)(c)","quote":"the unborn child has not reached 18 weeks gestational age and: (i)(A) the woman is pregnant as a result of: (I) rape, as described in Section 76-5-402; (II) rape of a child, as described in Section 76-5-402.1; or (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102... (ii) before the abortion is performed, the physician who performs the abortion: (A) for an abortion authorized under Subsection (2)(c)(i)(A), verifies that the incident described in Subsection (2)(c)(i)(A) has been reported to law enforcement;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"§ 76-7-302(2)(c) treats rape and incest identically for purposes of the 18-week exception. Incest is defined by reference to § 76-5-406(2)(j) and § 76-7-102. The same law-enforcement-report verification, recordkeeping, and reporting obligations apply.","quote":"incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102;","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)(c)(i)(A)(III)","pinpoint":"subsection (2)(c)(i)(A)(III)","quote":"incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"§ 76-7-302(2)(b)(ii) permits abortion when 'two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a fetal abnormality that in the physicians' reasonable medical judgment is incompatible with life.' Subsection (4) requires the physician to inform the woman of perinatal hospice and palliative care alternatives. This exception is not gated by gestational age.","quote":"two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a fetal abnormality that in the physicians' reasonable medical judgment is incompatible with life;","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(2)(b)(ii)","pinpoint":"subsection (2)(b)(ii)","quote":"two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a fetal abnormality that in the physicians' reasonable medical judgment is incompatible with life;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"§ 76-7-301(1)(b) states: '\"Abortion\" does not include: (i) removal of a dead unborn child; (ii) removal of an ectopic pregnancy; or (iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman...' This carveout is unambiguous. The trigger ban at § 76-7a-101 similarly excludes ectopic pregnancy removal and delivery of a stillborn child.","quote":"\"Abortion\" does not include: (i) removal of a dead unborn child; (ii) removal of an ectopic pregnancy;","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(1)(b)","pinpoint":"subsection (1)(b)(i)-(ii)","quote":"\"Abortion\" does not include: (i) removal of a dead unborn child; (ii) removal of an ectopic pregnancy;","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]}},"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)).","legal_analysis":"§ 76-7-326 prohibits partial-birth abortion, defined at § 76-7-301(11) as vaginal delivery of a living fetus until the head (or trunk past the navel in breech) is outside the body, followed by an overt act to kill the partially delivered living fetus. D&E involving dismemberment, suction curettage, and suction aspiration are expressly excluded from the partial-birth definition (§ 76-7-301(11)(b)). No separate D&E/dismemberment ban exists. Violation of § 76-7-326 is a third-degree felony. The federal Partial-Birth Abortion Ban Act (18 U.S.C. § 1531) applies as a floor. § 76-7-302(3) requires abortions be performed in an abortion clinic or hospital. The HB 467 hospital-only provision is enjoined, so clinics remain lawful sites.","quote":"'Partial birth abortion' does not include the dilation and evacuation procedure involving dismemberment prior to removal, the suction curettage procedure, or the suction aspiration procedure for abortion.","note":"The partial-birth ban at 76-7-326 dates from pre-2004 amendments; confirm the current penalty classification with the latest code edition.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S326_1800010118000101.pdf","citation":"Utah Code § 76-7-326","pinpoint":"entire section","quote":"Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be fined or imprisoned, or both, as provided under this part.","source_type":"statute","accessed":"Historical PDF version"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(11)(b)","pinpoint":"subsection (11)(b)","quote":"\"Partial birth abortion\" does not include the dilation and evacuation procedure involving dismemberment prior to removal, the suction curettage procedure, or the suction aspiration procedure for abortion.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(1)-(3)","pinpoint":"subsections (1) and (3)","quote":"An abortion may be performed in this state only by a physician... An abortion may be performed only in an abortion clinic or a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"Medication abortion is not separately defined or regulated in Utah's abortion code; it falls within the general abortion definition at § 76-7-301(1)(a), which covers 'prescribing a drug... with the intent to cause the death of an unborn child.' The physician-only requirement (§ 76-7-302(1)), the 72-hour waiting period with in-person information module viewing (§ 76-7-305), and mandatory face-to-face consultation (§ 76-7-305(3)(a)) collectively preclude telehealth-only prescribing into Utah. The state has no standalone ban on mailing abortion medication, and no statute criminalizes receipt of mailed pills. Federal law (FDA's REMS program, which as of 2025 allows certified pharmacies to dispense mifepristone) does not expressly override state in-person requirements, though preemption arguments exist.","quote":"\"Abortion\" means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant...","note":"FDA preemption arguments regarding mifepristone REMS and state in-person dispensing requirements are subject to ongoing federal litigation; the Supreme Court's June 2024 decision in FDA v. Alliance for Hippocratic Medicine preserved current FDA rules. Whether state in-person requirements survive a preemption challenge is unsettled.","verification":"verified","confidence":"medium","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(1)(a)","pinpoint":"subsection (1)(a)","quote":"\"Abortion\" means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305","pinpoint":"subsection (2)","quote":"consent to an abortion is voluntary and informed only if, at least 72 hours before the abortion: (a) a staff member of an abortion clinic or a hospital, physician, registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant presents the information module to the pregnant woman;","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]},"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.","legal_analysis":"§ 76-7-314(1)(b)(i) states: 'Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.' This express exemption applies broadly. Additionally, § 76-7-314.5(2) provides that 'a woman is not criminally liable for: (a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or (b) a physician's failure to comply with...' The abortion definition at § 76-7-301(1)(a) requires an act 'by a physician,' so self-managed conduct does not satisfy the statutory definition of abortion in the first instance. The fetal homicide statute (§ 76-5-201) does not apply to lawful abortions, and the woman's exemption would likely bar its application to self-managed abortion, though no Utah appellate case has squarely addressed this.","quote":"Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.","note":"While the statutory text is clear, no Utah appellate decision has tested the mother-exemption in the context of self-managed abortion. Criminalization in practice can arise through non-abortion statutes (child endangerment, drug possession); monitor prosecutorial charging practices.","verification":"verified","confidence":"high","citations":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314(1)(b)(i)","pinpoint":"subsection (1)(b)(i)","quote":"Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.","source_type":"statute","accessed":"Text as displayed in the 2006 Utah Code via Justia; language retained in current code"},{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-314-5","citation":"Utah Code § 76-7-314.5(2)","pinpoint":"subsection (2)","quote":"A woman is not criminally liable for: (a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or (b) a physician's failure to comply with...","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]}},"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.","legal_analysis":"§ 76-7-302(1) states: 'An abortion may be performed in this state only by a physician.' § 76-7-301(13) defines 'physician' as a medical doctor licensed under Title 58, Chapter 67; an osteopathic physician licensed under Title 58, Chapter 68; or a federally employed physician with similar qualifications. Advanced-practice registered nurses, physician assistants, and certified nurse-midwives are excluded from performing or prescribing, though § 76-7-305 permits certain non-physician clinicians (RNs, NPs, APRNs, CNMs, PAs, genetic counselors) to present the information module and conduct counseling. § 76-7-302(3) requires abortions in an abortion clinic or hospital. The HB 467 amendment that would have required hospital-only settings is enjoined (May 2, 2023). No admitting-privileges requirement exists.","quote":"An abortion may be performed in this state only by a physician.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(1)","pinpoint":"subsection (1)","quote":"An abortion may be performed in this state only by a physician.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.html","citation":"Utah Code § 76-7-301(13)","pinpoint":"subsection (13)","quote":"\"Physician\" means: (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act; (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or (c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (13)(a) or (b).","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"§ 76-7-314(1)(b)(i) provides an unqualified exemption: 'Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.' § 76-7-314.5(2) reiterates this for abortions permitted by the part and for physician non-compliance. The exemption does not extend to civil liability expressly, though no Utah statute creates civil liability for the woman. The exemption covers both the woman who seeks (solicits) and the woman who obtains (receives) the abortion. The 'notwithstanding any other provision of law' language is as broad as possible under Utah drafting conventions.","quote":"Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.","note":"This exemption is in the operative Part 3 (Abortion) of Chapter 7; the SB 174 trigger ban's mother exemption appears at § 76-7a-201 and is consistent. Confirm current code edition for any amendments.","verification":"verified","confidence":"high","citations":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314(1)(b)(i)","pinpoint":"subsection (1)(b)(i)","quote":"Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.","source_type":"statute","accessed":"2006 code edition; provision retained in current code"}]},"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.","legal_analysis":"Under the enjoined trigger ban (§ 76-7a-201(3)), performing an unauthorized abortion is a second-degree felony. Under the operative Part 3, § 76-7-314(1)(a) classifies intentional performance of an unauthorized abortion as a third-degree felony, but § 76-7-314.5(5) makes killing an unborn child via unauthorized abortion a second-degree felony. § 76-3-301(1)(a) sets the second-degree felony penalty at 1-15 years imprisonment. § 76-3-301(1)(b) sets the third-degree felony penalty at 0-5 years. Fines: up to $10,000 for a felony (§ 76-3-301(4)). § 76-7a-201(5) requires the Department to report violating physicians to the Division of Professional Licensing for license action.","quote":"A person who performs an abortion in violation of this section is guilty of a second degree felony.","note":"The applicable penalty depends on whether the trigger ban (second-degree felony) or the Part 3 provisions (third-degree felony for simple unauthorized performance, second-degree for killing an unborn child) apply. Under the current injunction, only Part 3 penalties are operative. Verify the current code edition for the most recent penalty classifications.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7A/C76-7a-S201_2020051220200512.pdf","citation":"Utah Code § 76-7a-201(3)","pinpoint":"subsection (3)","quote":"A person who performs an abortion in violation of this section is guilty of a second degree felony.","source_type":"statute","accessed":"2020 PDF version; currently enjoined"},{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314(1)(a)","pinpoint":"subsection (1)(a)","quote":"Any person who intentionally performs an abortion other than as authorized by this part is guilty of a felony of the third degree.","source_type":"statute","accessed":"2006 edition; check current edition for any amendments"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S301.html","citation":"Utah Code § 76-3-301(1)(a)","pinpoint":"subsection (1)(a)","source_type":"statute","accessed":"Establishes 1-15 years for second-degree felony"}]},"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.","legal_analysis":"§ 76-7-302(1) limits abortion performance to physicians. A non-physician who prescribes or dispenses mifepristone/misoprostol for abortion could be charged under § 76-7-314 for violating the abortion laws and under the general aiding-and-abetting statute (§ 76-2-202). Pharmacists are not specifically addressed in the abortion code. Filling a physician's lawful in-state prescription is not separately criminalized. The FDA REMS program currently permits certified pharmacies to dispense mifepristone, but this does not override state law limiting who may initiate the abortion process.","note":"Utah law does not specifically address pharmacist liability; analysis is by inference from the physician-only and abortion-crime statutes. FDA preemption arguments may affect this analysis.","verification":"verified","confidence":"medium","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(1)","pinpoint":"subsection (1)","quote":"An abortion may be performed in this state only by a physician.","source_type":"statute","accessed":"Text as displayed in 2024 Utah Code edition"}]},"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.","legal_analysis":"Utah's abortion code does not contain a specific accomplice or conspiracy provision targeting clinic staff. However, Utah's general complicity statute (§ 76-2-202) provides that a person who 'solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense' is criminally liable as a party. This could theoretically reach nurses and staff who knowingly assist an illegal abortion. Under current law with the trigger ban enjoined, the only unlawful abortions would be those violating the 18-week limit, the Down syndrome ban, or the procedural requirements — all of which are provider-side offenses.","note":"No Utah appellate decision tests accomplice liability of clinic staff for illegal abortion. Practical risk under current law is low.","verification":"verified","confidence":"medium","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter2/76-2-S202.html","citation":"Utah Code § 76-2-202","pinpoint":"subsection (1)","quote":"Every person, acting with the mental state required for the commission of an offense, who... intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.","source_type":"statute","accessed":"General complicity statute"}]},"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.","legal_analysis":"Utah has not enacted an 'abortion trafficking' or travel-assistance criminalization statute. No provision of Title 76, Chapter 7, Part 3 (Abortion) specifically criminalizes aiding, abetting, funding, transporting, or lodging a person who seeks an abortion. The general complicity statute (§ 76-2-202) provides the theoretical outer boundary and would require the principal offense to be criminal. Utah has no SB8-style civil bounty statute. The absence of targeted helper-liability provisions is notable compared to neighboring Idaho.","note":"Absence of a statute is verified by negative inference from search of Utah Code Title 76, Chapter 7. Monitor for legislative proposals modeled on Idaho's law.","verification":"verified","confidence":"high","citations":[{"name":"Guttmacher Institute","href":"https://states.guttmacher.org/policies/utah/abortion-policies","citation":"Guttmacher Institute Interactive Map: US Abortion Policies and Access","quote":"Utah does not have an abortion trafficking law.","source_type":"secondary","accessed":"Secondary source confirming absence of such laws"}]}},"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.","legal_analysis":"No Utah statute criminalizes assisting travel for out-of-state abortion. The legislature has not enacted an 'abortion trafficking' statute. Utah's general complicity statute (§ 76-2-202) requires a criminal principal offense in Utah; a legal out-of-state abortion does not satisfy this element. Under the dormant Commerce Clause and the constitutional right to travel (Saenz v. Roe, 526 U.S. 489 (1999)), a state's attempt to punish travel for lawful out-of-state conduct would face significant constitutional challenge. No Utah court has addressed this issue.","note":"The absence of a travel-assistance statute is confirmed by negative search. Monitor for legislative proposals in the 2026 General Session.","verification":"not_applicable","confidence":"high","citations":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/526/489/","citation":"Saenz v. Roe, 526 U.S. 489 (1999)","quote":"The right to travel embraces the citizen's right to be treated equally in her new State of residence.","source_type":"case","accessed":"Constitutional authority on right to travel"}]},"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.","legal_analysis":"No provision of Utah law criminalizes the act of funding an abortion or donating to an abortion fund. Insurance coverage is restricted by § 31A-22-726, which prohibits coverage in any health benefit plan or health insurance exchange plan beyond 'permitted abortion coverage' (life, serious physical risk, lethal fetal anomaly, rape, incest). Medicaid follows Hyde Amendment limitations. No state funds may be used for abortion beyond Hyde categories.","quote":"A person may not offer coverage for an abortion in a health benefit plan, unless the coverage is a type of permitted abortion coverage.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html","citation":"Utah Code § 31A-22-726(2)-(3)","pinpoint":"subsections (2)-(3)","quote":"A person may not offer coverage for an abortion in a health benefit plan, unless the coverage is a type of permitted abortion coverage. A person may not offer a health benefit plan that provides coverage for an abortion in a health insurance exchange... unless the coverage is a type of permitted abortion coverage.","source_type":"statute","accessed":"Text as displayed in 2019 Utah Code edition"}]},"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.","legal_analysis":"Utah has not enacted a statute specifically prohibiting the mailing, shipment, or receipt of abortion-inducing drugs. However, the physician-only requirement (§ 76-7-302(1)), the 72-hour waiting period with in-person information module viewing (§ 76-7-305), and the face-to-face consultation requirement operate collectively to prevent telehealth-based mailing as a lawful mode of obtaining medication abortion. Receipt of mailed pills from an out-of-state provider operating under another state's shield law is not independently criminalized for the recipient. The federal Comstock Act (18 U.S.C. §§ 1461-1462) has not been enforced against abortion medication mailing as of this writing.","note":"Absence of a specific mailing ban is verified by negative search of Utah Code. Federal Comstock Act enforcement is a separate and evolving question.","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.","legal_analysis":"No Utah statute criminalizes the provision of information about abortion. The mandatory counseling requirements in § 76-7-305 are imposed on providers and specify what must be disclosed — they do not restrict private speech. Under Bigelow v. Virginia, 421 U.S. 809 (1975), and the commercial-speech doctrine, truthful information about lawful out-of-state medical procedures is constitutionally protected. Utah's general aiding-and-abetting statute (§ 76-2-202) requires intent to aid a criminal offense and would not reach mere information-sharing about legal abortion options.","verification":"not_applicable","confidence":"high","citations":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/421/809/","citation":"Bigelow v. Virginia, 421 U.S. 809 (1975)","quote":"A State may not, under the guise of exercising internal police powers, bar a citizen of another State from disseminating information about an activity that is legal in that State.","source_type":"case","accessed":"Constitutional authority on First Amendment protection for abortion advertising"}]},"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.","legal_analysis":"Utah has not enacted a private civil enforcement statute analogous to Texas's SB 8. The only civil remedy specific to abortion is § 76-7-327, which provides the father (if married to the mother at the time) and maternal grandparents a civil action for damages (including statutory damages of three times the cost) for a partial-birth abortion performed on a minor. This remedy is narrow: limited to partial-birth abortion, limited to specific family members, and does not reach the pregnant woman.","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.","legal_analysis":"§ 76-7-305(2) requires that 'at least 72 hours before the abortion,' the pregnant woman must view the entire information module and receive face-to-face oral counseling from a physician, registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant. The counseling must cover: the nature of the procedure, how it affects the fetus, risks and alternatives, options for reversing a medication abortion, probable gestational age and fetal development, medical risks of carrying to term, the right to view an ultrasound, and (if relevant) Down syndrome resources. The physician must then have a separate face-to-face consultation before performing the abortion (§ 76-7-305(3)(a)).","quote":"Except as provided in Subsection (8), consent to an abortion is voluntary and informed only if, at least 72 hours before the abortion: (a) a staff member of an abortion clinic or a hospital, physician, registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant presents the information module to the pregnant woman; (b) the pregnant woman views the entire information module...","verification":"verified","confidence":"high","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305(2)","pinpoint":"subsection (2)","quote":"consent to an abortion is voluntary and informed only if, at least 72 hours before the abortion: (a) a staff member of an abortion clinic or a hospital, physician, registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant presents the information module to the pregnant woman;","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]},"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.","legal_analysis":"§ 76-7-305.5 requires the Department of Health and Human Services to publish an information module and website. § 76-7-305(2)(d) requires oral counseling covering: the nature of the procedure, how it affects the fetus, 'the options and consequences of aborting a medication-induced abortion' (abortion pill reversal language), risks and alternatives, probable gestational age with fetal development descriptions, medical risks of carrying to term, the right to an ultrasound, and Down syndrome resources (§ 26B-7-106). The state is required to provide an ultrasound at no expense upon request (§ 76-7-305(10)).","quote":"the pregnant woman views the entire information module and presents evidence to the individual described in Subsection (2)(a) that the pregnant woman viewed the entire information module;","note":"The 'options and consequences of aborting a medication-induced abortion' language (§ 76-7-305(2)(d)(iv)) is contested by the American College of Obstetricians and Gynecologists, which states that medication abortion reversal is unproven and unethical.","verification":"verified","confidence":"high","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305(2)(b)","pinpoint":"subsection (2)(b)","quote":"the pregnant woman views the entire information module and presents evidence to the individual described in Subsection (2)(a) that the pregnant woman viewed the entire information module;","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]},"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.","legal_analysis":"§ 76-7-305(5) applies 'if an ultrasound is performed on a woman before an abortion is performed.' In that event, the provider must inform the woman the images will be simultaneously displayed; must display them (the woman may choose not to view); must inform the woman she can request a description including dimensions, cardiac activity, and external body parts/internal organs; and must provide the description if requested. No mandatory-performance or mandatory-viewing requirement exists. The Department must provide an ultrasound at no expense upon the woman's request (§ 76-7-305(10)).","quote":"If an ultrasound is performed on a woman before an abortion is performed, the individual who performs the ultrasound, or another qualified individual, shall... simultaneously display the ultrasound images in order to permit the woman to: (i) view the images, if she chooses to view the images; or (ii) not view the images, if she chooses not to view the images;","verification":"verified","confidence":"high","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305(5)","pinpoint":"subsection (5)","quote":"If an ultrasound is performed on a woman before an abortion is performed, the individual who performs the ultrasound, or another qualified individual, shall... simultaneously display the ultrasound images in order to permit the woman to: (i) view the images, if she chooses to view the images; or (ii) not view the images, if she chooses not to view the images;","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]},"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.","legal_analysis":"§ 76-7-305(2) requires the face-to-face counseling visit at least 72 hours before the abortion. § 76-7-305(3)(a) requires the performing physician to have a separate face-to-face consultation before performing the abortion, which can occur on the procedure day. These provisions together mandate a minimum of two in-person visits: the counseling visit and the procedure visit. The counseling visit must occur in a location 'in the state.' The physician consultation on procedure day can be combined with the procedure itself in terms of trip count. The combined requirements effectively preclude a single-visit abortion, including for medication abortion.","verification":"verified","confidence":"high","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305(2)-(3)","pinpoint":"subsections (2)(d) and (3)(a)","quote":"consent to an abortion is voluntary and informed only if, at least 72 hours before the abortion... the physician who is to perform the abortion, the referring physician... in a face-to-face consultation in any location in the state, orally informs the woman...","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]}},"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.","legal_analysis":"§ 76-7-304.5 requires the physician to obtain written consent from a parent or guardian of a minor before performing an abortion, except in a medical emergency. § 76-7-304 requires the physician to notify a parent or guardian at least 24 hours before the abortion. 'Minor' is defined at § 76-7-301(10) as under 18, unmarried, and not emancipated. For a minor who is pregnant as a result of rape or incest and is under 14, consent is not required but the physician must comply with § 80-2-602 (child abuse reporting). The judicial bypass procedure is established by Utah Rule of Juvenile Procedure 17A and § 76-7-304.5(2)-(5), allowing a minor to petition the juvenile court to consent without parental involvement.","quote":"Subject to Subsection (3), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor...","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.html","citation":"Utah Code § 76-7-304(1)","pinpoint":"subsection (1)","quote":"Subject to Subsection (3), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor...","source_type":"statute","accessed":"Text as displayed in current Utah Code edition"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.5.html","citation":"Utah Code § 76-7-304.5","pinpoint":"entire section","quote":"Consent required for abortions performed on minors -- Division of Child and Family Services as guardian of a minor -- Hearing to allow a minor to self-consent -- Appeals.","source_type":"statute","accessed":"Title of section; full text available at URL"}]},"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.","legal_analysis":"§ 76-7-304.5(2)-(6) and Utah Rule of Juvenile Procedure 17A establish the judicial bypass procedure. The minor may petition the juvenile court. The court must rule within 3 business days (extendable by 1 day for additional evidence). The minor must prove by a preponderance of the evidence either that she is 'mature and well-informed enough to make the abortion decision on her own' or that 'the abortion would be in her best interest.' Hearings are confidential and closed to the public. The minor has a right to court-appointed counsel. Appeal to the Utah Court of Appeals must be decided within 5 business days. This framework satisfies the federal constitutional standard set in Bellotti v. Baird, 443 U.S. 622 (1979).","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S304.5.html","citation":"Utah Code § 76-7-304.5(2)-(6)","pinpoint":"subsections (2) through (6)","source_type":"statute","accessed":"Text available at URL"},{"name":"Utah Judicial Bypass Project","href":"https://www.utahjudicialbypass.org/about.html","citation":"Utah Judicial Bypass Project","quote":"The court must schedule a hearing and make a decision within 3 days of turning in your petition, and may only continue the hearing for 1 day if they need more evidence to make a decision.","source_type":"agency_guidance","accessed":"Resource describing the bypass process"}]}},"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.","legal_analysis":"Utah Code contains no spousal-consent or spousal-notice requirement. The parental involvement statutes (§§ 76-7-304, 76-7-304.5) apply only to parents or guardians of minors. Any spousal-consent requirement would be unconstitutional under Planned Parenthood v. Danforth, 428 U.S. 52 (1976) (striking Missouri's spousal consent requirement) and Planned Parenthood v. Casey, 505 U.S. 833 (1992) (striking Pennsylvania's spousal notification requirement as an undue burden). While Dobbs overruled Roe and Casey, it did not overrule Danforth, and no Utah court has suggested Dobbs revives spousal-consent authority.","verification":"not_applicable","confidence":"high","citations":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/428/52/","citation":"Planned Parenthood of Cent. Mo. v. Danforth, 428 U.S. 52 (1976)","quote":"We hold that the State may not constitutionally require the consent of the spouse... as a condition for abortion during the first 12 weeks of pregnancy.","source_type":"case","accessed":"Controlling authority on spousal consent"}]},"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.","legal_analysis":"Danforth, 428 U.S. 52 (1976), and Casey, 505 U.S. 833 (1992), remain the controlling federal precedents on spousal involvement. Dobbs did not expressly overrule Danforth. Since no Utah spousal law exists, the enforceability question is academic in this jurisdiction. The Utah Supreme Court in PPAU v. State did not address this question.","verification":"not_applicable","confidence":"high","citations":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/505/833/","citation":"Planned Parenthood v. Casey, 505 U.S. 833 (1992)","quote":"The spousal notification requirement is... likely to prevent a significant number of women from obtaining an abortion... It is an undue burden, and therefore invalid.","source_type":"case","accessed":"Controlling authority on spousal notification"}]},"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.","legal_analysis":"§ 76-7-327 provides that '[t]he father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.' Relief includes money damages for all injuries and statutory damages of three times the cost of the abortion. Separately, under Carranza v. United States, 2011 UT 80, the Utah Supreme Court held that the wrongful-death statute allows a claim for the wrongful death of an unborn child beginning at conception. This gives the father (and mother) civil standing for fetal-death claims caused by third-party negligence.","quote":"The father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief...","note":"Carranza interpreted the pre-2009 wrongful-death statute; the current wrongful-death statute (§ 78B-3-106) uses different language. Verify whether Carranza's holding extends to the current statute.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S327_1800010118000101.pdf","citation":"Utah Code § 76-7-327","pinpoint":"subsection (1)","quote":"The father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.","source_type":"statute","accessed":"Historical PDF version"},{"name":"FindLaw","href":"https://caselaw.findlaw.com/ut-supreme-court/1589517.html","citation":"Carranza v. United States, 2011 UT 80","pinpoint":"paragraph 14","quote":"Utah Code section 78-11-6 allows an action for the wrongful death of an unborn child, beginning at conception.","source_type":"case","accessed":"Utah Supreme Court decision filed December 20, 2011"}]}},"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.","legal_analysis":"§ 76-5-201(1)(a) defines criminal homicide to include causing the death of 'an unborn child at any stage of its development.' § 76-7-301.5 clarifies the relationship: the killing of an unborn child that is not an abortion is criminal homicide under § 76-5-201; the abortion statutes do not apply to such killings; and performing an abortion in violation of the viability/18-week provisions constitutes 'killing an unborn child' under § 76-7-314.5. The pregnant woman is expressly exempted from liability (§ 76-7-314(1)(b)(i), § 76-7-314.5(2)).","quote":"A person commits criminal homicide if the person... causes the death of... an unborn child at any stage of its development.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter5/76-5-S201.html","citation":"Utah Code § 76-5-201(1)(a)","pinpoint":"subsection (1)(a)","source_type":"statute","accessed":"Definition of criminal homicide includes 'an unborn child at any stage of its development'"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.5.html","citation":"Utah Code § 76-7-301.5","pinpoint":"entire section","source_type":"statute","accessed":"Clarifies that lawful abortions are not criminal homicide"}]},"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.","legal_analysis":"In Carranza v. United States, 2011 UT 80, the Utah Supreme Court held that the wrongful-death statute then in effect (Utah Code § 78-11-6) allowed an action for the wrongful death of an unborn child 'beginning at conception.' Four justices agreed on this result, though no majority opinion was produced. The current wrongful-death statute (§ 78B-3-106) was amended in 2009 and does not use the term 'minor child' — it uses 'person.' The Carranza court expressly limited its holding to the pre-2009 statute. Whether § 78B-3-106 similarly permits a claim from conception has not been squarely decided, but the broader reasoning in Carranza and the legislative policy declaration at § 78B-3-109(1) ('the public policy of this state to encourage all persons to respect the right to life of all other persons, including all unborn persons') strongly suggest such claims would be recognized.","quote":"Utah Code section 78-11-6 allows an action for the wrongful death of an unborn child, beginning at conception.","note":"Carranza was limited to the pre-2009 version of the wrongful-death statute. The current statute uses different language. Re-check whether any subsequent case has applied Carranza to § 78B-3-106.","verification":"verified","confidence":"medium","citations":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/ut-supreme-court/1589517.html","citation":"Carranza v. United States, 2011 UT 80","pinpoint":"paragraph 14","quote":"Utah Code section 78-11-6 allows an action for the wrongful death of an unborn child, beginning at conception.","source_type":"case","accessed":"Utah Supreme Court decision filed December 20, 2011"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S109.html","citation":"Utah Code § 78B-3-109(1)","pinpoint":"subsection (1)","quote":"the public policy of this state to encourage all persons to respect the right to life of all other persons, including all unborn persons.","source_type":"statute","accessed":"Legislative policy declaration"}]},"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.","legal_analysis":"§ 76-7-301.1(1) declares it is the intent of the Legislature 'to protect and guarantee to unborn children their inherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.' This is a legislative finding and policy declaration, not a self-executing criminal prohibition. Sections 1 and 7 of Article I of the Utah Constitution protect the right to enjoy and defend life and the due-process guarantee. In Planned Parenthood Ass'n v. State, 2024 UT 28, the Utah Supreme Court did not treat § 76-7-301.1 as independently prohibiting abortion, and the court found 'serious issues' as to whether SB 174 violates countervailing state constitutional rights to bodily integrity, family composition, and equal protection.","quote":"It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S301.1.html","citation":"Utah Code § 76-7-301.1(1)","pinpoint":"subsection (1)","quote":"It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.","source_type":"statute","accessed":"Text as displayed on Utah Legislature website"}]},"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.","legal_analysis":"§ 76-7-305(2)(d) requires a 'face-to-face consultation in any location in the state.' § 76-7-305(3)(a) requires the physician to conduct a separate face-to-face consultation. These provisions, combined with the 72-hour waiting period and the information module requirement, make fully remote telehealth prescribing non-compliant. The physician-only requirement (§ 76-7-302(1)) precludes non-physician telehealth. Shield-law states like Massachusetts, New York, and California have providers mailing pills to Utah patients, but those providers are not complying with Utah law — they rely on their own state's shield laws to resist Utah's reach. The pregnant woman remains exempt from liability under § 76-7-314(1)(b)(i).","quote":"the physician who is to perform the abortion, the referring physician, a physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant, in a face-to-face consultation in any location in the state, orally informs the woman...","note":"FDA preemption arguments may challenge state in-person requirements for mifepristone; this issue is unsettled. Shield-state providers operate in a zone of interstate legal uncertainty.","verification":"verified","confidence":"high","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305(2)(d)","pinpoint":"subsection (2)(d)","quote":"in a face-to-face consultation in any location in the state, orally informs the woman of...","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code via Justia"}]},"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.","legal_analysis":"Utah has enacted no statute restricting its residents' travel to other states for abortion. No 'abortion trafficking' law exists. No extraterritorial application provision in Utah's abortion code purports to reach conduct occurring wholly outside Utah. The constitutional right to travel (Saenz v. Roe, 526 U.S. 489 (1999)) and the dormant Commerce Clause would pose serious barriers to any such legislation. Utah does not employ the 'fetal trafficking' or 'abortion trafficking' framework adopted in Idaho and Tennessee.","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.","legal_analysis":"Utah has not enacted shield-law protections. The Utah Attorney General joined an amicus brief in Idaho v. United States (consolidated with Moyle v. United States) supporting Idaho's argument that EMTALA does not preempt state abortion laws. Utah's posture is aligned with states seeking to enforce their own abortion restrictions rather than shielding against other states' investigations. Utah's active enforcement of its own abortion laws (the trigger ban, the clinic ban, the 18-week limit) is consistent with a hostile rather than protective interstate posture.","verification":"verified","confidence":"high","citations":[{"name":"Utah Attorney General","href":"https://attorneygeneral.utah.gov/supporting-idahos-defense-against-federal-preemption-of-abortion-restrictions","citation":"Utah Attorney General Press Release, Supporting Idaho's Defense Against Federal Preemption","quote":"The federal government claims that EMTALA preempts enforcement of Idaho's abortion law for hospitals that accept Medicaid. The coalition of states supports Idaho's position.","source_type":"ag_opinion","accessed":"Press release on Utah AG website"}]}},"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.","legal_analysis":"Utah follows the Hyde Amendment restrictions. No Utah statute or regulation expands Medicaid coverage for abortion beyond the federal Hyde categories (life endangerment, rape, incest). The state has not been ordered by any court to provide broader coverage. Utah's approach is consistent with the majority of states. The 2025 federal budget bill included a provision blocking Planned Parenthood from Medicaid reimbursements for one year, which affects Utah's Planned Parenthood affiliate independently of abortion coverage.","note":"Confirm with Utah Department of Health and Human Services Medicaid policy manual for the most current coverage details.","verification":"verify_before_publication","confidence":"high","citations":[{"name":"KFF","href":"https://www.kff.org/womens-health-policy/abortion-coverage-limitations-in-medicaid-and-private-insurance-plans","citation":"KFF, Abortion Coverage Limitations in Medicaid and Private Insurance Plans","quote":"Among the 37 states that do not have laws prohibiting abortion, 17 states and D.C. follow the Hyde Amendment restrictions...","source_type":"secondary","accessed":"KFF data confirming Utah follows Hyde restrictions"}]},"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.","legal_analysis":"§ 31A-22-726(2) prohibits any person from offering coverage for abortion in a health benefit plan beyond 'permitted abortion coverage,' which is defined at subsection (1) as: (a) to avert death or serious risk of substantial and irreversible impairment of a major bodily function; (b) for a fetus with a uniformly diagnosable and uniformly lethal defect; or (c) for pregnancy resulting from rape, rape of a child, or incest. Subsection (3) extends the same prohibition to health insurance exchange plans. This statute was enacted in 2011 (HB 354) and amended in 2019. It does not prohibit purchasing a separate rider — the restriction applies to 'health benefit plans' offered in the state.","quote":"A person may not offer a health benefit plan that provides coverage for an abortion in a health insurance exchange created under the federal Patient Protection and Affordable Care Act... unless the coverage is a type of permitted abortion coverage.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html","citation":"Utah Code § 31A-22-726(3)","pinpoint":"subsection (3)","quote":"A person may not offer a health benefit plan that provides coverage for an abortion in a health insurance exchange created under the federal Patient Protection and Affordable Care Act, 111 P.L. 148, unless the coverage is a type of permitted abortion coverage.","source_type":"statute","accessed":"Text as displayed in 2019 Utah Code edition"}]},"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.","legal_analysis":"§ 31A-22-726(3) specifically targets exchange plans, prohibiting abortion coverage 'in a health insurance exchange created under the federal Patient Protection and Affordable Care Act.' This exceeds the ACA's own provision allowing states to opt out of exchange-plan abortion coverage (42 U.S.C. § 18023). Utah opted out via this state statute.","quote":"A person may not offer a health benefit plan that provides coverage for an abortion in a health insurance exchange... unless the coverage is a type of permitted abortion coverage.","verification":"verified","confidence":"high","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S726.html","citation":"Utah Code § 31A-22-726(3)","pinpoint":"subsection (3)","quote":"A person may not offer a health benefit plan that provides coverage for an abortion in a health insurance exchange created under the federal Patient Protection and Affordable Care Act, 111 P.L. 148, unless the coverage is a type of permitted abortion coverage.","source_type":"statute","accessed":"Text as displayed in 2019 Utah Code edition"}]},"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.","legal_analysis":"Utah's posture toward abortion providers is defunding: state family-planning funds are directed away from abortion providers. HB 233 (2025) prohibits local education agencies 'from allowing entities that perform elective abortions to provide health-related instruction or materials in public schools.' The 2025 federal budget bill included a one-year block on Planned Parenthood's Medicaid reimbursements. These measures target the organizational infrastructure of abortion provision even while the procedure remains legal to 18 weeks.","note":"HB 233 was passed in the 2025 session. Verify the final enrolled text and effective date at the Utah Legislature website. The federal Medicaid defunding provision is not a state law.","verification":"verify_before_publication","confidence":"medium","citations":[{"name":"TrackBill","href":"https://trackbill.com/bill/utah-house-bill-233-school-curriculum-amendments/2607880","citation":"HB 233, 2025 General Session","quote":"prohibits a local education agency from allowing entities that perform elective abortions to provide health-related instruction or materials in public schools.","source_type":"statute","accessed":"Bill summary; check Utah Legislature site for enrolled text"}]}},"penalties_summary":[{"verification":"verified","citations":[{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7A/C76-7a-S201_2020051220200512.pdf","citation":"Utah Code § 76-7a-201(3)","pinpoint":"subsection (3)","quote":"A person who performs an abortion in violation of this section is guilty of a second degree felony.","source_type":"statute","accessed":"Enjoined"},{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S301.html","citation":"Utah Code § 76-3-301(1)(a)","pinpoint":"subsection (1)(a)","source_type":"statute","accessed":"1-15 years for second-degree felony"}]},{"verification":"verified","citations":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314(1)(a)","pinpoint":"subsection (1)(a)","quote":"Any person who intentionally performs an abortion other than as authorized by this part is guilty of a felony of the third degree.","source_type":"statute","accessed":"Currently operative"}]},{"verification":"verified","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-314-5","citation":"Utah Code § 76-7-314.5(5)","pinpoint":"subsection (5)","quote":"A violation of Section 76-7-314.5 is a felony of the second degree.","source_type":"statute"}]},{"verification":"verified","citations":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314(3)","pinpoint":"subsection (3)","quote":"A violation of Section 76-7-326 or 76-7-329 is a felony of the third degree.","source_type":"statute","accessed":"Operative penalty classification"},{"name":"Utah Legislature (via PDF)","href":"https://le.utah.gov/xcode/Title76/Chapter7/C76-7-S327_1800010118000101.pdf","citation":"Utah Code § 76-7-327","pinpoint":"subsection (2)","quote":"Such relief shall include: (a) money damages for all injuries, psychological and physical, occasioned by the violation of Section 76-7-326; and (b) statutory damages equal to three times the cost of the partial birth abortion.","source_type":"statute","accessed":"Civil penalties"}]},{"verification":"verified","citations":[{"name":"Justia (2025 Utah Code)","href":"https://law.justia.com/codes/utah/title-76/chapter-7/part-3/section-305","citation":"Utah Code § 76-7-305(7)","pinpoint":"subsection (7)","quote":"a physician who violates the provisions of this section: (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102; and (b) shall be subject to: (i) suspension or revocation of the physician's license... and (ii) administrative penalties...","source_type":"statute","accessed":"Text as displayed in the 2025 Utah Code"}]},{"verification":"verified","citations":[{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314(1)(b)(i)","pinpoint":"subsection (1)(b)(i)","quote":"Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.","source_type":"statute"}]},{"verification":"verified","citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.html","citation":"Utah Code § 76-7-302(1)","pinpoint":"subsection (1)","quote":"An abortion may be performed in this state only by a physician.","source_type":"statute"},{"name":"Justia (2006 Utah Code)","href":"https://law.justia.com/codes/utah/2006/title76/76_09027.html","citation":"Utah Code § 76-7-314","pinpoint":"subsection (1)(a)","quote":"Any person who intentionally performs an abortion other than as authorized by this part is guilty of a felony of the third degree.","source_type":"statute"}]}],"recent_changes":[{"citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/~2020/bills/static/sb0174.html","citation":"S.B. 174, 2020 Leg., Gen. Sess. (Utah 2020)","source_type":"statute"}]},{"citations":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/597/19-1392/","citation":"Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022)","source_type":"case"}]},{"citations":[{"name":"ACLU of Utah","href":"https://www.acluutah.org/cases/planned-parenthood-association-utah-v-state-utah-2022","citation":"PPAU v. State of Utah, Third District Court, No. 220903886","source_type":"case"}]},{"citations":[{"name":"ACLU of Utah","href":"https://www.acluutah.org/cases/planned-parenthood-association-utah-v-state-utah-2022","citation":"PPAU v. State, Third District Court, July 11, 2022","source_type":"case"}]},{"citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/~2023/bills/static/HB0467.html","citation":"H.B. 467, 2023 Leg., Gen. Sess. (Utah 2023)","source_type":"statute"}]},{"citations":[{"name":"ACLU of Utah","href":"https://www.acluutah.org/press-releases/breaking-court-blocks-implementation-utah-law-functionally-bans-abortion","citation":"Memorandum Decision on Second Preliminary Injunction, May 2, 2023","source_type":"case"}]},{"citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/xcode/Title76/Chapter7/76-7-S302.4.html","citation":"Utah Code § 76-7-302.4","source_type":"statute"}]},{"citations":[{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html","citation":"Planned Parenthood Ass'n v. State, 2024 UT 28","source_type":"case"}]},{"citations":[{"name":"Utah Legislature","href":"https://le.utah.gov/~2025/bills/static/HB0233.html","citation":"HB 233, 2025 General Session","source_type":"statute"}]}],"pending_changes":[{"name":"Planned Parenthood Ass'n of Utah v. State of Utah","citations":[{"name":"Justia","href":"https://law.justia.com/cases/utah/supreme-court/2024/20220696.html","citation":"Planned Parenthood Ass'n v. State, 2024 UT 28","source_type":"case","accessed":"Utah Supreme Court decision; merits trial pending"}]},{"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."}}}}