U.S. Abortion Laws by State

Hostile

Utah

Utah is enforcing its 18 week ban while its trigger ban is enjoined.

State Legal Details

Bans in Effect

  • Gestational Ban, 18-week LMP
  • Gestational Ban, Viability
  • Method Ban
  • Reason Ban

Bans Enjoined

  • Gestational Ban, Total Ban
  • Trigger Ban

Restrictions in Effect

  • Biased Counseling Requirement
  • Parental Involvement, Parental Notification and Consent Requirement
  • TRAP Requirements: Facilities, Facility Requirements
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

Restrictions

In June 2022, Utah began enforcing its trigger ban,1 which bans all abortions except in the case of rape, incest, or the threat to the life of the pregnant person, following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.2 In July 2022, a preliminary injunction was granted,3 which was affirmed by the Utah Supreme Court on August 1, 2024.4 In March 2023, Utah limited the rape and incest exceptions to the trigger ban to 17.6 weeks LMP.5

Utah law generally prohibits abortion at eighteen weeks LMP and after viability.6 This ban is was enjoined,7 but the injunction was lifted on June 26, 2022 and Utah’s eighteen week ban is now in effect.8 There is a permanently enjoined total ban that has not been repealed.9 Utah law prohibits D&X and saline procedures,10 and abortions sought solely because of Down syndrome.11 Pregnant people who seek abortion care must undergo a mandatory seventy-two-hour waiting period and biased counseling.12 Utah also limits public funding for,13 and private insurance coverage of, abortion.14 Utah law generally requires that a parent or legal guardian be notified prior to a minor’s abortion15 and consent to it.16 Alternatively, a judge can approve a minor’s petition.17

Utah’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities18 and reporting.19 Utah law restricts the provision of abortion care to licensed physicians and explicitly prohibits certified nurse midwives from providing abortion care.20 In 2023, Utah enacted a law to prohibit abortion clinics from operating in the state and requiring abortion care to be provided in hospitals except in emergencies, though this law is subject to a preliminary injunction and not in effect.21 Providers who violate Utah’s abortion restrictions may face civil and criminal penalties.22

State Protections

Utah law does not include express constitutional or statutory protections for abortion. To the contrary, Utah’s policy preference to ban abortion to the fullest extent of the law: “It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life…”23 During counseling, a patient must be told that the state’s preference is for childbirth over abortion.”24

Post-Roe Prohibitions

In 2020, Utah enacted a trigger ban,25 which is currently enjoined.4 Utah repealed its pre-Roe ban in 1973.27

Conclusion

Now that the Supreme Court has overturned Roe, Utah is enforcing an 18-week ban.

  1. Utah Code Ann. u00a7 76-7a-201; @UtahSenate, Twitter (Jun. 24, 2022, 8:17 PM) https://twitter.com/utahsenate/ status/1540489331583766528?cxt=HHwWgMCi1dO49eAqAAAA; Becky Jacobs, Utahu2019s abortion trigger law is now in effect after Supreme Court overrules Roe v. Wade, The Salt Lake Tribune (Jun. 24, 2022) https://www.sltrib.com/news/2022/06/24/ supreme-court-clears-way/. ↩︎
  2. Dobbs v. Jackson Womenu2019s Health Org., 597 U.S (June 24, 2022), revu2019d Dobbs v. Jackson Womenu2019s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). ↩︎
  3. Planned Parenthood Assu2019n of Utah v. Utah, No. 220903886 (Third Jud. Dist. Utah Jul. 11, 2022) (granting preliminary injunction following temporary restraining order). ↩︎
  4. Planned Parenthood Assu2019n of Utah v. Utah, No. 20220696-SC, 2024 (Utah Aug. 1, 2024) (affirming preliminary injunction). ↩︎
  5. H.B. 297, 2023 Leg., Gen. Sess. (UT 2023), to be codified at Utah Code Ann. u00a7u00a7 76-7-302, 76-7-302.5, 76-7a-201. ↩︎
  6. UTAH CODE ANN. u00a7 76-7-302.5; id. u00a7 76-7-302. ↩︎
  7. Planned Parenthood Assu2019n of Utah v. Miner, No. 2:19-cv-00238 (C.D. Utah, Jun. 18, 2019). ↩︎
  8. Planned Parenthood Assu2019n of Utah v. Checketts, No. 2:19-cv-00238 (C.D. Utah, Jun. 26, 2022). ↩︎
  9. UTAH CODE ANN. u00a7 76-7-302(3). Leavitt v. Jane L., 520 U.S. 1274, 117 S. Ct. 2453, 138 L. Ed. 2d 211 (1997). ↩︎
  10. UTAH CODE ANN. u00a7u00a7 76-7-326, 76-7-310.5. ↩︎
  11. Id. u00a7 76-7-302.4. ↩︎
  12. Id. u00a7 76-7-305; id. u00a7 76-7-305.5. ↩︎
  13. Id. u00a7 76-7-331. ↩︎
  14. UTAH CODE ANN. u00a7 31A-22-726. ↩︎
  15. Id. u00a7 76-7-304 (2). ↩︎
  16. Id. u00a7 76-7-304.5 (1)(a). ↩︎
  17. Id. u00a7 76-7-304.5(3). ↩︎
  18. Id. u00a7 26-21-2 (1), id. u00a7 26-21-2(23)-(24); UTAH ADMIN. CODE r. R432-600-5. ↩︎
  19. UTAH CODE ANN. u00a7 76-7-313. ↩︎
  20. Id. u00a7u00a7 76-7-302 (2), 58-77-603. ↩︎
  21. H.B. 467, 2023 Leg., Gen. Sess. (UT 2023), to be codified at Utah Code Ann. u00a7u00a7 26-21-6.5, 76-7-301 et seq. Planned Parenthood v. Utah, Case No. 220903886 (D. Utah, May 2, 2023) (order granting a preliminary injunction). ↩︎
  22. See, e.g., id. u00a7u00a7 76-7-327, 76-7-326. ↩︎
  23. Id. u00a7 76-7-301.1. ↩︎
  24. Id. u00a7 76-7-305.5(2)(d). ↩︎
  25. Id. u00a7 76-7a-201. ↩︎
  26. Planned Parenthood Assu2019n of Utah v. Utah, No. 20220696-SC, 2024 (Utah Aug. 1, 2024) (affirming preliminary injunction). ↩︎
  27. UTAH CODE ANN. u00a7u00a7 76-2-1, 76-2-2 (1953), repealed by 1973 Utah Laws 584, 684, ch. 196 (sub.) ch. 10, pt. 14. ↩︎