State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Abortion is legal in Wyoming until viability (about 24 weeks LMP), protected by the state constitution's health care freedom amendment, but multiple restrictive laws remain enjoined or struck down by courts.
Wyo. Stat. Ann. § 35-6-102(a) · State v. Johnson, 2026 WY 1 (Wyo. 2026) · Wyo. Const. art. 1, § 38
Wyoming law contains a profound contradiction between fetal personhood and abortion access. The blocked Life is a Human Right Act declares that an 'unborn baby' is 'an individual living member of the species homo sapiens' from fertilization, a 'member of the human race' with a 'right to life' under the state constitution, and that 'abortion ... is not health care.' Simultaneously, the Wyoming Supreme Court held in State v. Johnson (2026) that abortion is constitutionally protected health care under Art. 1, § 38, and that the personhood-based abortion ban fails strict scrutiny. The fetal homicide statute (Wyo.
Wyo. Stat. Ann. § 6-2-104(b) · Wyo. Stat. Ann. § 35-6-122(a)(iv) · Wyo. Stat. Ann. § 35-6-121(a)(i)
Wyoming's parental notification-and-consent statute (Wyo. Stat. Ann. § 35-6-118) required written notice to one parent 48 hours before a minor's abortion plus written consent, but it was listed for repeal in the 2023 Life Act; its current enforceability is unclear.
Wyoming has no statute requiring spousal consent or notice for abortion; no law requiring the father's consent exists.
| Actor | Offense | Penalty |
|---|---|---|
| Licensed physician performing prohibited abortion | Violation of Wyo. Stat. Ann. § 35-6-123 (Life Act, blocked) — felony | Felony: up to 5 years imprisonment, fine up to $20,000, or both; mandatory license revocation, fine up to $5,000, investigation costs (Wyo. Stat. Ann. §§ 35-6-125, 35-6-126, blocked) |
| Non-physician performing abortion | Person other than licensed physician performing abortion — felony (Wyo. Stat. Ann. § 35-6-111) | Felony: imprisonment 1-14 years (Wyo. Stat. Ann. § 35-6-111) |
| Person prescribing/dispensing abortion medication | Violation of Wyo. Stat. Ann. § 35-6-139(a) (Medication Ban, blocked) — misdemeanor | Misdemeanor: imprisonment up to 6 months, fine up to $9,000, or both (Wyo. Stat. Ann. § 35-6-139(c), blocked) |
| Pregnant woman | None — expressly exempted from criminal and civil penalties (Wyo. Stat. Ann. | None; mother expressly exempt |
| Third party killing unborn child (not abortion) | Murder in the second degree of an unborn child (Wyo. Stat. Ann. § 6-2-104(b)) | Imprisonment for any term not less than 20 years or life (Wyo. Stat. Ann. § 6-2-104(c)) |
Johnson et al. v. State — HB0126 heartbeat ban challenge
Litigation · Temporary injunction granted April 24, 2026, by Natrona County District Court; merits not yet decided.
If upheld, the six-week ban is permanently blocked and abortion remains legal to viability.
State appeal of June 12, 2026 order striking down HB64, HB42, and ultrasound requirements
Litigation · Wyoming Speaker of the House confirmed intent to appeal to the Wyoming Supreme Court. Appeals timeline pending.
If the Wyoming Supreme Court reverses, the 48-hour waiting period with mandatory ultrasound for medication abortion, TRAP licensing requirements, and clinic admitting-privilege requirements would become enforceable, potentially making operation of Wyoming's sole abortion clinic impossible.
Potential constitutional amendment to overturn Johnson
Legislation · The Wyoming Supreme Court in Johnson explicitly noted that 'lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.' No amendment has been introduced but legislative leadership has indicated interest.
If passed by the legislature (two-thirds vote) and approved by voters, a constitutional amendment could remove or narrow the Art.
The Wyoming Supreme Court held this provision protects abortion as a fundamental health care right, the basis for striking down all post-Dobbs abortion bans.
This 4-1 Wyoming Supreme Court decision permanently enjoined the Life is a Human Right Act and Medication Ban, holding them unconstitutional under Art. 1, § 38.
The only currently enforceable abortion restriction in Wyoming: abortion is legal until viability with a life/health exception thereafter.
The enjoined near-total abortion ban containing fetal personhood language; shows legislative intent and could be revived by constitutional amendment.
The blocked first-in-the-nation ban specifically targeting abortion medication; demonstrates Wyoming's aggressive approach to medication abortion.
Generated from the structured legal focused deep-research record for WY (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Wyoming survey. This document has not been reviewed by a lawyer and should not be used as legal advice.