(1)  The father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff‘s criminal conduct or the plaintiff consented to the abortion.

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Terms Used In Utah Code 76-7-327

  • 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
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Partial birth abortion: means an abortion in which the person performing the abortion:
(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
(ii) performs the overt act, other than completion of delivery, that kills the partially living fetus. See Utah Code 76-7-301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
    • (2)  Such relief shall include:

    (a)  money damages for all injuries, psychological and physical, occasioned by the violation of Section 76-7-326; and

    (b)  statutory damages equal to three times the cost of the partial birth abortion.

    Amended by Chapter 13, 2010 General Session

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