A dismemberment abortion—also known as a dilation and evacuation (D&E) abortion—is an abortion in which a person dismembers and extracts the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument. Some states have passed dismemberment abortion bans. These laws are usually located in a state’s statutes.
Laws vary from state to state and under some state laws the term dismemberment abortion does not include an abortion that uses suction to dismember the body of an unborn child by sucking pieces of the unborn child into a collection container. The term includes a dismemberment abortion that is used to cause the death of an unborn child and in which suction is subsequently used to extract pieces of the unborn child after the unborn child's death.
In Utah, as of the knowledge cutoff in early 2023, the state has specific legislation regarding abortion procedures, including those referred to as dismemberment abortions or dilation and evacuation (D&E) abortions. Utah Code Section 76-7-301.7, titled 'Prohibition of dismemberment abortion,' prohibits the performance of a dismemberment abortion unless it is necessary to prevent serious health risk to the pregnant woman. The law defines a dismemberment abortion as an abortion in which a living unborn child is extracted from the uterus piece by piece using clamps, forceps, tongs, scissors, or a similar instrument. The statute does not consider procedures that use suction to dismember the fetus as dismemberment abortions unless the method is used to cause the death of the unborn child and suction is used afterward to extract the remains. Violation of this law can result in penalties for the attending physician. However, it is important to note that abortion laws are subject to change and can be affected by ongoing legal challenges and legislative amendments.