Utah § 76-7-304 - Considerations by physician -- Notice to a parent or guardian -- Exceptions.

Full text of Utah Utah Code § 76-7-304 — Considerations by physician -- Notice to a parent or guardian -- Exceptions., with citation guidance and answers to common questions.

§ 76-7-304. Considerations by physician -- Notice to a parent or guardian -- Exceptions.

Effective 5/3/2023
76-7-304. Considerations by physician -- Notice to a parent or guardian -- Exceptions.

(1)

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:

(a)	her physical, emotional, and psychological health and safety;

(b)	her age; and

(c)	her familial situation.

(2)	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.

(3)

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

(a)

subject to Subsection (4)(a):

(i)

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:

(A)	the minor's death; or

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

(ii)	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);

(b)

subject to Subsection (4)(b):

(i)	the physician complies with Subsection (5); and

(ii)

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

(B)	the parent or guardian has abused the minor; or

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

(4)

(a)

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).

(b)

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).

(5)

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.

Amended by Chapter 301, 2023 General Session

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 76-7-304

What does Utah Code § 76-7-304 cover?

Section 76-7-304 ("Considerations by physician -- Notice to a parent or guardian -- Exceptions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 76-7-304?

A common citation format is "Utah Code § 76-7-304" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 76-7-304 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 76-7-304 at the Utah source

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.