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 licensed to practice
medicine under Title 58, Chapter 67, Utah Medical Practice Act or an osteopathic physician
licensed to practice medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(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 has a defect that is uniformly diagnosable and uniformly
lethal; 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(10) 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) Notwithstanding any other provision of this section, a woman who seeks to have, or
obtains, an abortion for herself is not criminally liable.
Amended by Chapter 38, 2009 General Session
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Last revised: Thursday, May 28, 2009