Utah Code

Utah Code § 76-7-304 (2026)

Considerations by physician -- Notice to a parent or guardian -- Exceptions

✓ current as of May 2026

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To enable the physician to exercise the physician's best medical judgment, the physician shall consider all factors relevant to the well-being of a pregnant woman upon whom an abortion is to be performed, including:

her physical, emotional, and psychological health and safety;

her age; and

her familial situation.

Subject to Subsection (3), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to have an abortion.

A physician is not required to comply with Subsection (2) if:

subject to Subsection (4)(a):

a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:

the minor's death; or

a serious physical risk of substantial impairment of a major bodily function of the minor; and

there is not sufficient time to give the notice required under Subsection (2) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (3)(a)(i);

subject to Subsection (4)(b):

the physician complies with Subsection (5); and

the minor is pregnant as a result of incest to which the parent or guardian was a party; or

the parent or guardian has abused the minor; or

subject to Subsection (4)(b), the parent or guardian has not assumed responsibility for the minor's care and upbringing.

If, for the reason described in Subsection (3)(a), a physician does not give the 24-hour notice described in Subsection (2), the physician shall give the required notice as early as possible before the abortion, unless it is necessary to perform the abortion immediately in order to avert the minor's death or impairment described in Subsection (3)(a)(i).

If, for a reason described in Subsection (3)(b) or (c), a parent or guardian of a minor is not notified that the minor intends to have an abortion, the physician shall notify another parent or guardian of the minor, if the minor has another parent or guardian that is not exempt from notification under Subsection (3)(b) or (c).

If, for a reason described in Subsection (3)(b)(ii)(A) or (B), a physician does not notify a parent or guardian of a minor that the minor intends to have an abortion, the physician shall report the incest or abuse to the Division of Child and Family Services within the Department of Health and Human Services.

Notes of Decisions

Cited in 19 cases, 1973–2019 · leading case: H. L. v. Matheson, 450 U.S. 398 (1981).

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H. L. v. Matheson, 450 U.S. 398 (1981). · cites it 8× “However, because of Utah Code Ann. § 76-7-304 (1978), he refused to perform the abortion without first notifying appellant's parents.”

Hodgson v. Minnesota, 497 U.S. 417 (1990). · cites it 8× “1989); Utah Code Ann. § 76-7-304 (1990). Another six States appear to require, with varying exceptions, the consent of both parents.”

Roe v. Rampton, 394 F. Supp. 677 (D. Utah 1975). · cites it 46× “On November 4, 1974, plaintiff in the above-entitled matter filed a class action for injunctive and declaratory relief seeking a ruling that Utah Code Ann. § 76-7-304 (2) (1974) contravenes the Fifth and Fourteenth Amendments to the United States Constitution in that it is…”

Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). · cites it 16× “This Court holds that the Utah medical emergency statute provides the fair warning to physicians required by the Due Process Clause,’ sets clear guidelines for enforcement officials, and is therefore not void for vagueness.”

H----L v. Matheson, 604 P.2d 907 (Utah 1980). · cites it 18× “Section 76-7-304, provides: To enable the physician to exercise his best medical judgment, he shall: (1) Consider all factors relevant to the well-being of the woman upon whom the abortion is to be performed including, but not limited to, (a) Her physical, emotional and…”

H___ B___ v. Wilkinson, 639 F. Supp. 952 (D. Utah 1986). · cites it 11× “CONSTITUTIONALITY OF UTAH’S PARENTAL NOTICE STATUTE AS APPLIED TO IMMATURE MINORS This lawsuit challenges Utah Code Ann. § 76-7-304 (2) (1953), which provides in pertinent part: *953 To enable the physician to exercise his best medical judgment, he shall: # * * * * * (2)…”

Doe v. Rampton, 366 F. Supp. 189 (D. Utah 1973). · cites it 4× “Section 76-7-304 is invalid because it subjects exercise of the individual right of privacy of the mother, in all abortions at all stages of pregnancy, to the consent of others.”

State v. J.M.S., 280 P.3d 410 (Utah 2011). “§ 76-7-304(2)(a) (2008). Further, "[if an abortion is performed when the unborn child is sufficiently developed to have any reasonable possibility of survival outside its mother's womb," the physician must choose the procedure that "will give the unborn child the best chanee of…”

Planned Parenthood of Indiana v. Jerome Adams, 937 F.3d 973 (7th Cir. 2019). “6; Utah Code Ann. § 76-7-304 . The Su- preme Court upheld the Utah statute, but its decision does not control here because that plaintiff “made no claim or showing as to her maturity or as to her relations with her parents.”

Jane L. v. Bangerter, 794 F. Supp. 1537 (D. Utah 1992). · cites it 2× “§ 76-7-315 , waiving certain statutory requirements in *1550 a serious medical emergency where time does not permit compliance; and Utah Code Ann. § 76-7-304 (2), requiring the attending physician, if possible, to notify a married woman's husband before she has an abortion.”

Jane L. v. Bangerter, 61 F.3d 1505 (10th Cir. 1995). “Plaintiffs succeeded in invalidating the pre-20 week restrictions on abortions ( Utah Code Ann. § 76-7-302 (2)) and the spousal notification statute ( Utah Code Ann.”

In re J. P., 648 P.2d 1364 (Utah 1982). “d relationship include the following: (1) child’s right to inherit from parents and vice versa, § 75-2-103; (2) heirs’ right to sue for the wrongful death of an adult, § 78-11-7; (3) parental right to sue for the wrongful death, § 78-11-6, or (4) seduction of a minor child, §…”

Show all 19 citing cases →

— Utah Code § 76-7-304(2) — 4 cases

H----L v. Matheson, 604 P.2d 907 (Utah 1980). “Section 76-7-304, provides: To enable the physician to exercise his best medical judgment, he shall: (1) Consider all factors relevant to the well-being of the woman upon whom the abortion is to be performed including, but not limited to, (a) Her physical, emotional and…”

Roe v. Rampton, 394 F. Supp. 677 (D. Utah 1975). “On November 4, 1974, plaintiff in the above-entitled matter filed a class action for injunctive and declaratory relief seeking a ruling that Utah Code Ann. § 76-7-304 (2) (1974) contravenes the Fifth and Fourteenth Amendments to the United States Constitution in that it is…”

Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). “This Court holds that the Utah medical emergency statute provides the fair warning to physicians required by the Due Process Clause,’ sets clear guidelines for enforcement officials, and is therefore not void for vagueness.”

H___ B___ v. Wilkinson, 639 F. Supp. 952 (D. Utah 1986). “CONSTITUTIONALITY OF UTAH’S PARENTAL NOTICE STATUTE AS APPLIED TO IMMATURE MINORS This lawsuit challenges Utah Code Ann. § 76-7-304 (2) (1953), which provides in pertinent part: *953 To enable the physician to exercise his best medical judgment, he shall: # * * * * * (2)…”

— Utah Code § 76-7-304(2)(a) — 1 case

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