Utah Code » Title 76, Chapter 7 — Offenses Against the Family; part 76-7-3 — Abortion
Utah Code

Utah Code § 76-7-302 (2026)

Circumstances under which abortion authorized

✓ laws through the 2026 General Session (checked Sept. 2026)
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An abortion may be performed in this state only by a physician.
An abortion may be performed in this state only under the following circumstances:
the unborn child has not reached 18 weeks gestational age;
the unborn child has reached 18 weeks gestational age, and:
the abortion is necessary to avert:
the death of the woman on whom the abortion is performed; or
a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed; or
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; or
the unborn child has not reached 18 weeks gestational age and:
the woman is pregnant as a result of:
rape, as described in Section 76-5-402;
rape of a child, as described in Section 76-5-402.1; or
incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; or
the pregnant child is under the age of 14; and
before the abortion is performed, the physician who performs the abortion:
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; and
if applicable, complies with the requirements of Section 80-2-602.
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.
If the unborn child has been diagnosed with a fetal abnormality that is incompatible with life, at the time of the diagnosis, the physician shall inform the woman, both verbally and in writing, that perinatal hospice and perinatal palliative care services are available and are an alternative to abortion.
A physician who performs an abortion under Subsection (2)(c) shall:
maintain an accurate record as to the manner in which the physician conducted the verification under Subsection (2)(c)(ii)(A); and
report the information described in Subsection (5)(a) to the department in accordance with Section 76-7-313.

Amended by Chapter 313, 2024 General Session

Notes of Decisions
Cited in 13 cases, 1973–2011 · leading case: Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992).
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Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). · cites it 32× “) * The Utah legislature calculated gestation age “measured from the date of conception----” Utah Code Ann. § 76-7-302 (3) (Supp.1991).”
Leavitt v. Jane L., 518 U.S. 137 (1996). · cites it 6× “" Utah Code Ann. § 76-7-302 (3) (1995). *138 The court made that declaration, not on the ground that the provision violates federal law, but rather on the ground that the provision was not severable from another provision of the same statute, purporting to regulate abortions up…”
Doe v. Rampton, 366 F. Supp. 189 (D. Utah 1973). · cites it 12× “Utah Code Ann. §§ 76-7-302 (3) and 319 (Supp.”
Wood v. Univ. of Utah Med. Ctr., 2002 UT 134, 67 P.3d 436. · cites it 4× “See Utah Legislative Survey: Wrongful Life and Wrongful Birth (hereinafter "Wrongful Life"), 1984 Utah L.Rev. 221, 224 n.”
Jane L. v. Bangerter, 794 F. Supp. 1537 (D. Utah 1992). · cites it 8× “4 The court now supplements some of the bench rulings and orders which were issued on April 10,1992, and makes additional rulings as follows: VAGUENESS Plaintiffs allege in their First Cause of Action that certain provisions of the Utah anti-abortion statute are void for…”
Jane L. v. Bangerter, 794 F. Supp. 1528 (D. Utah 1992). · cites it 6× “2 Specifically, plaintiffs claim that there are no commonly accepted meanings for the terms: “necessary to save the mother’s life,” “grave damage to the woman’s medical health,” and “grave defects.”
Jane L. v. Bangerter, 61 F.3d 1505 (10th Cir. 1995). · cites it 3× “Utah Code Ann. § 76-7-302 . These statutory exceptions directly track the official position of the Church of Jesus Christ of Latter Day Saints (LDS Church) regarding when an abortion is permissible, and plaintiffs claimed that this incorporation of the LDS position violates the…”
Utah Women's Clinic, Inc. v. Leavitt, 844 F. Supp. 1482 (D. Utah 1994). · cites it 2× “See Utah Code Ann. § 76-7-302 (2). The statute also included a requirement of spousal notification, and set up a statutory presumption of viability at 21 weeks gestational age.”
Jane L. v. Bangerter, 61 F.3d 1493 (10th Cir. 1995). · cites it 5× “The court held that in light of Casey the pre-20 week restrictions on abortions in Utah Code Ann. § 76-7-302 (2), as well as the spousal notification provision in Utah Code Ann.”
Jane L. v. Bangerter, 102 F.3d 1112 (10th Cir. 1996). · cites it 3× “The Utah statute setting out the circumstances under which an abortion was permitted contained one section regulating abortions occurring before twenty weeks gestational age, see Utah Code Ann. § 76-7-302 (2) (1995), and one section regulating abortions after twenty weeks…”
Jane L. v. Bangerter, 828 F. Supp. 1544 (D. Utah 1993). · cites it 2× “This court’s decision that § 76-7-302(2) of the Utah Code is unconstitutional insofar as it relates to abortions before 21 weeks, as well as its ruling striking down Utah’s spousal notification statute, both pertain to such significant issues.”
State v. J.M.S., 2011 UT 75, 280 P.3d 410. “§ 76-7-302(2) (Supp. 2009). An abortion also cannot be performed "without the concurrence of the attending physician.”
Show all 13 citing cases →
Utah Code § 76-7-302(2): 3 cases
Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). “) * The Utah legislature calculated gestation age “measured from the date of conception----” Utah Code Ann. § 76-7-302 (3) (Supp.1991).”
State v. J.M.S., 2011 UT 75, 280 P.3d 410. “§ 76-7-302(2) (Supp. 2009). An abortion also cannot be performed "without the concurrence of the attending physician.”
Jane L. v. Bangerter, 828 F. Supp. 1544 (D. Utah 1993). “This court’s decision that § 76-7-302(2) of the Utah Code is unconstitutional insofar as it relates to abortions before 21 weeks, as well as its ruling striking down Utah’s spousal notification statute, both pertain to such significant issues.”
Utah Code § 76-7-302(3): 3 cases
Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). “) * The Utah legislature calculated gestation age “measured from the date of conception----” Utah Code Ann. § 76-7-302 (3) (Supp.1991).”
Doe v. Rampton, 366 F. Supp. 189 (D. Utah 1973). “Utah Code Ann. §§ 76-7-302 (3) and 319 (Supp.”
Jane L. v. Bangerter, 828 F. Supp. 1544 (D. Utah 1993). “This court’s decision that § 76-7-302(2) of the Utah Code is unconstitutional insofar as it relates to abortions before 21 weeks, as well as its ruling striking down Utah’s spousal notification statute, both pertain to such significant issues.”
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