Utah Code
Utah Code § 76-7-301.1 (2026)
Preamble -- Findings and policies of Legislature
✓ current as of May 2026
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It is the finding and policy of the Legislature, reflecting and reasserting the provisions of Article I, Sections 1 and 7, Utah Constitution, which recognize that life founded on inherent and inalienable rights is entitled to protection of law and due process; and 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.
The state of Utah has a compelling interest in the protection of the lives of unborn children.
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.
It is also the policy of the Legislature and of the state that, in connection with abortion, a woman's liberty interest, in limited circumstances, may outweigh the unborn child's right to protection. These limited circumstances arise when the abortion is necessary to save the pregnant woman's life or prevent grave damage to her medical health, and when pregnancy occurs as a result of rape or incest. It is further the finding and policy of the Legislature and of the state that a woman may terminate the pregnancy if the unborn child would be born with grave defects.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1992–2024 · leading case: State v. MacGuire, 2004 UT 4 (Utah 2004).
State v. MacGuire, 2004 UT 4 (Utah 2004). “Utah Code Ann. § 76-7-301.1 (4) (1999). A fortiori, if a fetus were deemed a legal "person," its life could not be taken intentionally in the process of honoring a pregnant woman's "liberty interest.”
Jane L. v. Bangerter, 794 F. Supp. 1537 (D. Utah 1992). “” Utah Code Ann. § 76-7-301.1 (1) (Supp.1991).”
Carranza v. United States, 267 P.3d 912 (Utah 2011). “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.”
Planned Parenthood Ass'n v. State, 2024 UT 28 (Utah 2024). “” (Quoting UTAH CODE § 76-7-301.1(2).) ¶219 The difficulty for the State on appeal is that PPAU introduced evidence to support its assertions concerning harm.”
Jane L. v. Bangerter, 61 F.3d 1505 (10th Cir. 1995). “In the preamble of the Utah abortion statute, the Utah legislature noted: “[U]nborn children have inherent and inalienable rights that are entitled to protection by the state_” Utah Code Ann. § 76-7-301.1 (1). Plaintiffs argued below that this preamble was unconstitutional…”
Jane L. v. Bangerter, 61 F.3d 1493 (10th Cir. 1995). “The legislature explicitly set forth this intent in the preamble: “It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life-” Utah Code Ann. § 76-7-301.1 (3). The resolution which served as the precursor to…”
Fuenmayor v. United States, 626 F. Supp. 2d 1222 (D. Utah 2009). “Utah Code Ann. § 76-7-301.1 (2). 20 . 102 Utah 435 , 132 P.”
— Utah Code § 76-7-301.1(2) — 2 cases
Planned Parenthood Ass'n v. State, 2024 UT 28 (Utah 2024). “” (Quoting UTAH CODE § 76-7-301.1(2).) ¶219 The difficulty for the State on appeal is that PPAU introduced evidence to support its assertions concerning harm.”
Jane L. v. Bangerter, 794 F. Supp. 1537 (D. Utah 1992). “” Utah Code Ann. § 76-7-301.1 (1) (Supp.1991).”
— Utah Code § 76-7-301.1(3) — 1 case
Jane L. v. Bangerter, 794 F. Supp. 1537 (D. Utah 1992). “” Utah Code Ann. § 76-7-301.1 (1) (Supp.1991).”
— Utah Code § 76-7-301.1(4) — 1 case
Jane L. v. Bangerter, 794 F. Supp. 1537 (D. Utah 1992). “” Utah Code Ann. § 76-7-301.1 (1) (Supp.1991).”
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