Utah Code § 78B-3-109
Right to life -- State policy -- Act or omission preventing abortion not actionable -- Failure or refusal to prevent birth not a defense
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The Legislature finds and declares that it is the public policy of this state to encourage all persons to respect the right to life of all other persons, regardless of age, development, condition, or dependency, including all persons with a disability and all unborn persons.
A cause of action may not arise, and damages may not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.
The failure or refusal of any person to prevent the live birth of a person may not be a defense in any action, and may not be considered in awarding damages or child support, or imposing a penalty, in any action.
Notes of Decisions
Cited in 3
cases, 2011–2017 · leading case: Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah
Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah (2017)
“23, 2017); Utah Code Ann. § 78B-3-109 (West, Westlaw current through 2016 4th Special Sess.”
Carranza v. United States (2011)
“Second, recognizing a cause of action for the wrongful death of an unborn child falls in line with the Utah Judicial Code's statement that "the public policy of this state [is] to encourage all persons to respect the right to life of all other persons, .”
Amended August 8, 2017 Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis (2017)
“23, 2017); Utah Code Ann. § 78B-3-109 (West, Westlaw current through 2016 4th Special Sess.”
— Utah Code § 78B-3-109(1) — 1 case
Carranza v. United States (2011)
“Second, recognizing a cause of action for the wrongful death of an unborn child falls in line with the Utah Judicial Code's statement that "the public policy of this state [is] to encourage all persons to respect the right to life of all other persons, .”
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