Utah – Really?

07 May

I know, I fixate on Utah a lot…but their mindset and thought process is just so bizarre to me, that it has to be commented on.  I don’t like talking about the two choices together in one post, because they are separate choices – one to continue a pregnancy, and the other, an alternative to parenting after birth.  Please understand they are separate choices and cannot, nor should they ever be, linked but this is solely a comparison of the law between the two choices.

This morning, I read in the Salt Lake Tribune that Utah, starting tomorrow will have a 72 hour mandatory waiting period before a woman can obtain a legal, safe abortion.  A very serious decision they feel she needs adequate time to ensure she makes the right decision, for herself.  A time to carefully consider her choice, and the implications of that choice.

Yet, lets look at that same woman if she chose to continue her pregnancy, and after the baby is born, chose to surrender the child for adoption.  A time when the mother has just undergone childbirth that may include pain medication, a lengthy labor and delivery, or a c-section.  A time when her body is flooded with hormones, sleep deprived, exhausted physically and emotionally, and completely done in.  Utah in all their faux wisdom, firmly believes, and has put it into law, that she as a mother can make this momentous decision that is also life altering, permanent, filled with pain and heartache – 24 hours after birthand that choice is also irrevocable.

Abortion you must wait 72 hours…

Adoption you can sign away all legal rights forever at 24 hours…

The 72 hour law is from first visit to clinic, to the procedure – compare that same scenario to first meeting of your baby after birth, to signing away your right to ever have a say in your child’s life, or even knowing they are alive, okay, healthy, happy, doing well in school, married, have children…because there is no legally enforced open adoption in Utah…no recourse, nothing I can find in the statutes.

I have always been told you can’t have it both ways…either she can decide on an irrevocable decision in 24 hours or she can’t.

Good grief…but Utah Codes between abortion and adoption also have another, shall we say “anomaly” between these two choices…


Title 76, Chapter 7, Section 304.5. Consent required for abortions performed on minors — Hearing to allow a minor to self-consent — Appeals.

(1) As used in this section, “minor” is as defined in Subsection 76-7-304(1).

(2) In addition to the other requirements of this part, a physician may not perform an abortion on a minor unless:

(a) the physician obtains the informed written consent of a parent or guardian of the minor, consistent with Sections 76-7-305, 76-7-305.5, and 76-7-305.6;

(b) the minor is granted the right, by court order under Subsection (5)(b), to consent to the abortion without obtaining consent from a parent or guardian; or

read the rest of the code here.


Title 78B, Chapter 6, Section 123. Power of a minor to consent or relinquish.

(1) A minor parent has the power to:

(a) consent to the adoption of the minor’s child; and

(b) relinquish the minor’s control or custody of the child for adoption.

(2) The consent or relinquishment described in Subsection (1) is valid and has the same force and effect as a consent or relinquishment executed by an adult parent.

(3) A minor parent, having executed a consent or relinquishment, cannot revoke that consent upon reaching the age of majority or otherwise becoming emancipated.

that is the entire text which can be found here.

I am positive that the Utah legislators are getting right on making sure women are protected equally (when making such momentous decisions such as to continue the pregnancy, or an alternative to parenting after birth)  and are held to the same standard of protection under the law.  Okay you all know I am being sarcastic here, right?


Posted by on May 7, 2012 in Adoption, Ethics


Tags: ,

5 responses to “Utah – Really?

  1. eagoodlife

    May 7, 2012 at 11:12 pm

    Oh yes, right to be it’s all rubbish.


  2. realdaughter

    May 7, 2012 at 11:46 pm

    Utah…setting back women’s rights to pre-Joseph Smith days….


  3. Snarkurchin

    May 8, 2012 at 11:52 am

    [applauds, stomps, whistles]

    A lot of us fixate on Utah. Funny that.


  4. Brian Lev

    May 8, 2012 at 12:08 pm

    If you feel guilty about spending too much time discussing what passes for intelligent legislation in Utah, you could always take a moment to marvel at Arizona or Kansas…


  5. Melynda

    May 12, 2012 at 2:54 pm

    So I was not the only one struck by the irony of these new Utah laws in comparison with their adoption laws? Good night, in Utah you have 72 hours to void a contract or purchase (new car, new vacuum, new washing machine, a bunch of MaryKay makeup, whatever), but not to change your mind about terminating parental rights. Totally. Awesome.



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