§ 76-7-302 — Circumstances under which abortion authorized.

(1) An abortion may be performed in this state only by a physician.
(2) An abortion may be performed in this state only under the following circumstances:
(2)(a) the unborn child has not reached 18 weeks gestational age;
(2)(b) the unborn child has reached 18 weeks gestational age, and:
(2)(b)(i) the abortion is necessary to avert:
(2)(b)(i)(A) the death of the woman on whom the abortion is performed; or
(2)(b)(i)(B) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed; or
(2)(b)(ii) 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
(2)(c) the unborn child has not reached 18 weeks gestational age and:
(2)(c)(i) (2)(c)(i)(A) the woman is pregnant as a result of:
(2)(c)(i)(A)(I) rape, as described in Section 76-5-402;
(2)(c)(i)(A)(II) rape of a child, as described in Section 76-5-402.1; or
(2)(c)(i)(A)(III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; or
(2)(c)(i)(B) the pregnant child is under the age of 14; and
(2)(c)(ii) before the abortion is performed, the physician who performs the abortion:
(2)(c)(ii)(A) 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
(2)(c)(ii)(B) if applicable, complies with the requirements of Section 80-2-602.
(3) 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.
(4) 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.
(5) A physician who performs an abortion under Subsection (2)(c) shall:
(5)(a) maintain an accurate record as to the manner in which the physician conducted the verification under Subsection (2)(c)(ii)(A); and
(5)(b) report the information described in Subsection (5)(a) to the department in accordance with Section 76-7-313.

Legislative History

Amended by Chapter 313, 2024 General Session