Wyoming Abortion Laws

By Susan Buckner, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed October 22, 2024

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. As of October 2024, the TRO against the Wyoming abortion ban remains in effect.

Introduction

In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization. This returned the power to regulate abortion to the states.

Wyoming had a trigger ban in place that prohibited most abortions once Roe was overruled. Republican lawmakers in the Wyoming legislature then passed a new law prohibiting most abortions that went into effect on March 17, 2023. It faced an immediate challenge in a Wyoming state court. A judge issued a TRO, preventing it from taking effect and providing protection for abortion rights.

Wyoming Statutes

Abortion laws in Wyoming are highlighted in the chart below.

Wyoming Abortion 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. “Pregnant” under this statute means having an unborn fetus within the body, at any time after fertilization. Abortion is illegal at any time after pregnancy is “clinically diagnosable” (35-6-122(a)(i)), or after “viability” meaning the fetus can survive outside the womb. Illegal abortion includes eliminating one or more fetuses in a multifetal pregnancy if there is a reasonable certainty the fetus will die as a result of the removal.
Statutory Definition of Legal Abortion	Abortion is allowed in Wyoming: 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 Where the pregnancy is the result of incest or sexual assault In cases of a lethal fetal anomaly or a molar pregnancy
Wyoming Law on Chemical Abortion (Section 35-6-120)	Chemical or medication abortions (“abortion pills”) are prohibited. This law applies to the sale or use of any drug for the purpose of procuring or performing an abortion. This does not apply to any contraceptive agent used before conception or before pregnancy can be determined through current medical guidelines, to any medical treatment of a natural miscarriage, or any treatment needed to save a woman from imminent peril that endangers her life or health. It does not apply to pregnancies that are the result of incest or sexual assault. For purposes of this section, “imminent peril” does not include mental health or threats of self-harm or suicide if the pregnancy is not terminated.
Penalty for Unlawful Abortion	Illegal abortion is a felony offense and carries up to five 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

Updates on Wyoming Abortion Laws

As of October 2024, litigation over Wyoming’s abortion law case rests in the hands of Teton County Judge Melissa Owens. Governor Mark Gordon appointed Judge Owens to Wyoming’s Ninth Judicial Circuit in 2021. She took control over the challenges to the abortion law cases, basing her precedent on Article 1, Section 38 of Wyoming’s constitution.

Anti-abortion proponents claim that abortion rights are not healthcare decisions. Section 35-6-121 mentions the state constitution and states that abortion is not health care. Two cases have been pending in this matter: the TRO against HB152 and the ban against mifepristone, the so-called “abortion pill.” Judge Owens consolidated the cases since they involved the same legal issues.

In 2023, the U.S. Supreme Court overturned efforts to ban mifepristone outright in all states. In Wyoming, both parties asked Judge Owens for summary judgments in the case. This would avoid trial. When Judge Owens turned down the requests, the Wyoming Supreme Court denied several outside parties (known as intervenors) the right to join the case.

In early 2024, the abortion cases continued to advance:

The state legislature passed new, heavier abortion restrictions for abortion clinics, requiring ultrasounds for all women requesting abortions. Governor Gordon vetoed the restrictions three weeks later
In March, the Wyoming Supreme Court declined to take up the constitutional issues in advance of Judge Owens’ ruling
Court watchers hoped that Judge Owens would issue her ruling on the requests for summary judgment in September, but it appears she has decided to wait until after the 2024 elections