76-7-301.1 - Preamble -- Findings and policies of Legislature.
76-7-301.1. Preamble -- Findings and policies of Legislature.
(1) It is the finding and policy of the Legislature, reflecting and reasserting the provisionsof Article I, Sections 1 and 7, Utah Constitution, which recognize that life founded on inherentand inalienable rights is entitled to protection of law and due process; and that unborn childrenhave inherent and inalienable rights that are entitled to protection by the state of Utah pursuant tothe provisions of the Utah Constitution.
(2) The state of Utah has a compelling interest in the protection of the lives of unbornchildren.
(3) It is the intent of the Legislature to protect and guarantee to unborn children theirinherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.
(4) It is also the policy of the Legislature and of the state that, in connection withabortion, a woman's liberty interest, in limited circumstances, may outweigh the unborn child'sright to protection. These limited circumstances arise when the abortion is necessary to save thepregnant woman's life or prevent grave damage to her medical health, and when pregnancy occursas a result of rape or incest. It is further the finding and policy of the Legislature and of the statethat a woman may terminate the pregnancy if the unborn child would be born with grave defects.
Amended by Chapter 2, 1991 Special Session 1