Wyoming Abortion Laws
By FindLaw Staff | Legally reviewed by John Mascolo, Esq. | Last reviewed January 31, 2024
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Summary
Abortion is legal in Wyoming at this time. A state court issued a temporary restraining order (TRO) on March 22, 2023, after a legal challenge was made to a state law that banned abortion in most circumstances.
Introduction
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to the states the power to regulate abortion.
Wyoming had a "trigger ban" in place that prohibited most abortions once Roe was overruled. Wyoming then passed a new law prohibiting most abortions that went into effect on March 17, 2023. It was promptly challenged in a Wyoming state court, and a judge issued a TRO, preventing it from taking effect.
Wyoming Statutes
Abortion laws in Wyoming are highlighted in the chart below.
| Code Section | 35-6-123 (blocked) |
| Statutory Definition of Illegal Abortion | State law prohibits administering, prescribing, or selling any medicine, drug, or substance to a pregnant woman to cause an abortion. It also prohibits using or employing any instrument, device, means, or procedure upon a pregnant woman to cause an abortion. |
| Statutory Definition of Legal Abortion | Abortion allowed if necessary to prevent death or the substantial risk of death or serious and permanent impairment of a life-sustaining organ of a pregnant woman. Abortion is also allowed where the pregnancy is the result of incest or sexual assault, providing the pregnant woman made a report to law enforcement. Abortion is also allowed in cases of a lethal fetal anomaly or a molar pregnancy. |
| Penalty for Unlawful Abortion | Illegal abortion is a felony offense and carries up to 5 years in prison; a fine of up to $20,000; or both. The pregnant woman upon whom an abortion is attempted or performed is not subject to any criminal penalty. |
| Physician Licensing Requirements | Licensed physician |
Wyoming Abortion Laws: Related Resources
The choice to have an abortion can have serious emotional and legal consequences. If you would like legal assistance with an abortion matter, or just want to know your rights and responsibilities, you can contact a healthcare attorney in Wyoming. You can also visit FindLaw’s sections on abortion, birth control, and health care law for more information and resources on this topic.
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