78B-3-109 - Right to life -- State policy -- Act or omission preventing abortion not actionable -- Failure or refusal to prevent birth not a defense. - Utah Statutes

78B-3-109. Right to life -- State policy -- Act or omission preventing abortion notactionable -- Failure or refusal to prevent birth not a defense.
(1) The Legislature finds and declares that it is the public policy of this state toencourage all persons to respect the right to life of all other persons, regardless of age,development, condition, or dependency, including all persons with a disability and all unbornpersons.
(2) A cause of action may not arise, and damages may not be awarded, on behalf of anyperson, based on the claim that but for the act or omission of another, a person would not havebeen permitted to have been born alive but would have been aborted.
(3) The failure or refusal of any person to prevent the live birth of a person may not be adefense in any action, and may not be considered in awarding damages or child support, orimposing a penalty, in any action.

Enacted by Chapter 3, 2008 General Session