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Utah Abortion Laws

Summary

Abortion is legal in Utah until the 18th week of pregnancy.

Introduction

In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization. The Court’s decision returned the power to regulate or prohibit abortion to state lawmakers.

In 2020, Utah passed a "trigger ban" prohibiting most abortions. That statute became effective when the Supreme Court overturned Roe v. Wade. The Utah Supreme Court blocked the trigger law, saying there was no harm in maintaining the status quo. For now, Utah bans most abortions after 18 weeks of pregnancy. 

Utah Abortion Laws

Utah’s abortion laws are among the most restrictive in America. Abortion restrictions include:

  • Abortion must take place before 18 weeks of pregnancy
  • Pregnant person must have two counseling sessions, one not less than 72 hours before the abortion
  • Medicaid and private insurance coverage cannot pay for abortion care, except in specific circumstances
  • Abortion providers must notify parents and receive parental consent before a minor may receive an abortion
  • Telehealth providers cannot prescribe medication abortion (mifepristone a.k.a the "abortion pill")
  • Only licensed physicians may perform abortions at hospitals or licensed abortion clinics
  • Patients cannot receive abortions if the only reason given is that the fetus has or may have Down syndrome

Lawful Abortions in Utah

Although abortion is allowed up to the 18th week of pregnancy, it is only permitted for the following reasons:

  • To prevent death or serious bodily harm to the pregnant woman
  • The fetus has an abnormality incompatible with life. Two physicians must verify such an abnormality exists. Doctors must inform the woman about perinatal palliative and hospice care.
  • Cases of rape and incest. Before performing an abortion in these cases, the physician must ensure the patient notified law enforcement.
  • Cases of rape on a child under 14

This table provides an overview of Utah's legal code sections on abortion:

Utah Abortion Code Sections

Statutory Definition of Lawful Abortion

Abortion is the act by a physician using an instrument or by prescribing a drug with the intent to cause the death of a fetus of a woman known to be pregnant.

Abortion does not include the removal of a dead fetus or an ectopic pregnancy.

Statutory Definition of Unlawful Abortion

Abortions must be performed before the 18th week of pregnancy. Licensed physicians may perform abortions:

  • To prevent the mother’s death or substantial physical impairment
  • In cases of rape or incest reported to law enforcement
  • For certified cases of fetal defect incompatible with life

All other abortions are unlawful.

Penalty for Unlawful Abortion

Performing an unlawful abortion is a second-degree felony, punishable by one to 15 years in prison and a fine of up to $10,000.

A woman may not face criminal charges for obtaining a lawful abortion.

Note: Utah state laws change through the passage of new legislation, court rulings that include federal decisions, ballot initiatives, and other means. To confirm current state laws, please consult an attorney or conduct your own research.

Research the Law

Utah Abortion Laws: Related Resources

Need Help Understanding Utah's Abortion Laws? An Attorney Can Help

New laws and state court rulings make abortion access in Utah uncertain. If you need legal advice about Utah’s abortion laws, contact an experienced Utah healthcare attorney as soon as possible.

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