Title 76 - Utah Criminal Code - Chapter 7 - Offenses Against the Family - Part 3 - Abortion - Section 302 - Circumstances under which abortion authorized.


Published: 2019-05-14

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Utah Code

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Effective 5/14/2019 76-7-302 Circumstances under which abortion authorized. (1) As used in this section, "viable" means that the unborn child has reached a stage of fetal

development when the unborn child is potentially able to live outside the womb, as determined by the attending physician to a reasonable degree of medical certainty.

(2) An abortion may be performed in this state only by a physician. (3) An abortion may be performed in this state only under the following circumstances:

(a) the unborn child is not viable; or (b) the unborn child is viable, if:

(i) the abortion is necessary to avert: (A) the death of the woman on whom the abortion is performed; or (B) a serious risk of substantial and irreversible impairment of a major bodily function of the

woman on whom the abortion is performed; (ii) two physicians who practice maternal fetal medicine concur, in writing, in the patient's

medical record that the fetus: (A) has a defect that is uniformly diagnosable and uniformly lethal; or (B) has a severe brain abnormality that is uniformly diagnosable; or

(iii) (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; and

(B) before the abortion is performed, the physician who performs the abortion: (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to law

enforcement; and (II) complies with the requirements of Section 62A-4a-403.

(4) 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.

Amended by Chapter 189, 2019 General Session Amended by Chapter 208, 2019 General Session