Utah Code 76-7-304.5. Consent required for abortions performed on minors — Division of Child and Family Services as guardian of a minor — Hearing to allow a minor to self-consent — Appeals
Current as of: 2024 | Check for updates
|
Other versions
(1) In addition to the other requirements of this part, a physician may not perform an abortion on a minor unless:
Terms Used In Utah Code 76-7-304.5
- Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Minor: means an individual who is:
(10)(a) under 18 years old;(10)(b) unmarried; and(10)(c) not emancipated. See Utah Code 76-7-301- Physician: means :
(13)(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;(13)(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or(13)(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (13)(a) or (b). See Utah Code 76-7-301(1)(a) the physician obtains the informed written consent of a parent or guardian of the minor, in accordance with Sections 76-7-305 and 76-7-305.5;(1)(b) the minor is granted the right, by court order under Subsection (4)(b), to consent to the abortion without obtaining consent from a parent or guardian; or(1)(c)(1)(c)(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:(1)(c)(i)(A) the minor’s death; or(1)(c)(i)(B) a risk described in Subsection 76-7-302(2)(b)(i)(B); and(1)(c)(ii) there is not sufficient time to obtain the consent in the manner chosen by the minor 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 (1)(c)(i).(2)(2)(a) A minor who wants to have an abortion may choose:(2)(a)(i) to seek consent from the minor’s parent or guardian as described in Subsection (1); or(2)(a)(ii) to seek a court order as described in Subsection (1).(2)(b) Neither Subsection (1) nor this Subsection (2) require the minor to seek or obtain consent from the minor’s parent or guardian if the circumstances described in Subsection 76-7-304(3)(b)(ii) exist.(3) If a minor does not obtain the consent of the minor’s parent or guardian, the minor may file a petition with the juvenile court to obtain a court order as described in Subsection (1).(4)(4)(a) The juvenile court shall close the hearing on a petition described in Subsection (3) to the public.(4)(b) After considering the evidence presented at the hearing, the court shall order that the minor may obtain an abortion without the consent of a parent or guardian of the minor if the court finds by a preponderance of the evidence that:(4)(b)(i) the minor:(4)(b)(i)(A) has given her informed consent to the abortion; and(4)(b)(i)(B) is mature and capable of giving informed consent to the abortion; or(4)(b)(ii) an abortion would be in the minor’s best interest.(5) The Judicial Council shall make rules that:(5)(a) provide for the administration of the proceedings described in this section;(5)(b) provide for the appeal of a court’s decision under this section;(5)(c) ensure the confidentiality of the proceedings described in this section and the records related to the proceedings; and(5)(d) establish procedures to expedite the hearing and appeal proceedings described in this section. - Minor: means an individual who is: