Abhortion · State legal snapshot

Wyoming

Legal to viability; many laws enjoined. Abortion is legal in Wyoming until viability (about 24 weeks LMP), protected by the state constitution's health care freedom amendment, but multiple…

Viability limit As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●● High

§ I · Gestational limit

◐ Legal to 24 wk · from LMP · banned after
0481216202428323640 wk

│ Legal to viability; other bans enjoined · measured from LMP · Wyo. Stat. Ann. § 35-6-102(a)

§ II · Restriction inventory — 15 checked, 6 in force

◐24-week ban · LMPIn force

●In-person visitsNone

●Method-specific banNone (state)

◐Physician-only lawIn force

◐Parental notificationIn force

✓Telehealth prescribing banIn force

●Waiting periodNone

●Spousal consent or noticeNone

●Abortion trafficking lawNone

●Scripted counselingNone

●Civil bounty (SB8-style)None

●Private insurance restrictionNone

●Ultrasound requirementNone

✓Pill-mailing banIn force

✓Self-managed abortion crimeIn force

§ III · Access

Criminal exposure

Procedure

Coverage & interstate

●

Available now

Yes

●

Pregnant person

Expressly exempt

●

Waiting period

0 hours

◐

Medicaid

Hyde only

✓

Medication · telehealth

Regulated separately · telehealth barred

✓

Self-managed

Criminalized

●

Compelled visits

0 in person

●

Private insurance

No state restriction

◐

Who may perform

Physicians only

✓

Provider max penalty

Felony, up to 5 years and $20,000 fine

◐

Minors

Parental notification

✓

Shield state

No

✓

Mailing pills

Banned

◐

Fetal homicide law

Yes · abortion carved out

◐

Judicial bypass

Available

◐

Major pending change

Yes · see p. 2

✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable

§ IV · Where the line is drawn — governing authorities

■

Wyoming Constitution, Article 1, Section 38 — Health Care Freedom Amendment, Wyo. Const. art. 1, § 38 — The Wyoming Supreme Court held this provision protects abortion as a fundamental health…

2026 ●

State v. Johnson, State v. Johnson, 2026 WY 1 (Wyo. 2026) — This 4-1 Wyoming Supreme Court decision permanently enjoined the Life is a Human Right…

■

Viability Abortion Ban, Wyo. Stat. Ann. § 35-6-102(a) — The only currently enforceable abortion restriction in Wyoming: abortion is legal until…

“An abortion shall not be performed after the embryo or fetus has reached viability except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to…”— Wyo. Stat. Ann. § 35-6-102(a)

Fetal personhood — how the contradiction is walled off

✓ Wyo. Stat. Ann. § 35-6-122(a)(iv)

“'Unborn baby' or 'unborn human being' means an individual living member of the species homo sapiens throughout the entire embryonic and fetal stages from fertilization…”

Personhood language in blocked Life Act

→

● Exempt · pregnant woman

Expressly exempt from criminal penalty

● Carved out · abortion

Abortion is not chargeable under the homicide statutes.

✓ Reached · third parties

Fetal homicide at any stage; mother exempt

Wyoming law contains a profound contradiction between fetal personhood and abortion access. Wrongful death: Unclear; no Wyoming appellate ruling.

§ V · Criminal exposure by actor

●

Pregnant woman

Expressly exempt from criminal penalty

✓

Physician

Felony; up to 5 years; license…

✓

Non-physician prescriber

Misdemeanor under blocked Medication Ban

●

Helpers · funds

No specific helper liability under…

●

Travel helpers

No travel ban or trafficking law

●

Civil bounty

No SB8-style civil bounty law

✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical

Penalties on the books — top 5

ActorOffensePenalty Licensed physician performing…Violation of Wyo. Stat. Ann. § 35-6-123 (Life Act,…Felony: up to 5 years imprisonment, fine up to $20,000, or both;… Non-physician performing…Person other than licensed physician performing…Felony: imprisonment 1-14 years (Wyo. Stat. Ann. § 35-6-111) Person prescribing/dispensing…Violation of Wyo. Stat. Ann. § 35-6-139(a)…Misdemeanor: imprisonment up to 6 months, fine up to $9,000, or… Pregnant womanNone — expressly exempted from criminal and civil…None; mother expressly exempt Third party killing unborn…Murder in the second degree of an unborn child…Imprisonment for any term not less than 20 years or life (Wyo.…
Abhortion · State legal snapshot · WyomingNot legal advice — verify citations before reliance · 1 / 2

§ VI · How the law got here ● court  ■ statute  ◆ executive / agency

18 Nov 2024◆

Teton County District Court Judge Melissa Owens grants summary judgment for plaintiffs, holding that the Life Act and…

5 Mar 2025■

Wyoming legislature overrides Governor Gordon's veto of HB64, enacting a law requiring an ultrasound at least 48…

21 Apr 2025◆

Natrona County District Court issues a preliminary injunction blocking enforcement of HB64 and HB42 while litigation…

6 Jan 2026●

Wyoming Supreme Court issues its decision in State v.

9 Mar 2026■

Governor Gordon signs HB0126, the Human Heartbeat Act, a six-week ban prohibiting abortion once cardiac activity is…

24 Apr 2026◆

Natrona County District Court issues a temporary injunction blocking enforcement of HB0126 (six-week heartbeat ban)…

1 May 2026◆

Governor Gordon certifies the viability ban (Wyo. Stat. Ann.

12 Jun 2026◆

Natrona County District Judge Thomas T.C.

§ VII · Exceptions matrix

Named in lawVerified Life of the pregnant personLife exception in viability ban◐✓ Physical healthPhysical health exception in viability ban◐✓ Mental healthNo separate mental health exception✓✓ RapeRape/incest exception in viability law◐✓ IncestSee rape exception above◐◐ Fatal fetal anomalyLethal fetal anomaly — in blocked law only◐✓ Miscarriage · ectopic careEctopic and miscarriage excluded from…◐✓

Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.

§ VIII · Interstate & helpers

✓ No shield law

No shield law; no cross-border targeting

● Travel unrestricted

Travel out of state is lawful

✓ Telehealth prescribing barred

Telehealth prescribing unclear; physician-only applies

✓ Pill mailing banned

Mailing pills banned in blocked statute

● Funding help protected

No law targeting abortion funding or funds

● Providing information

No information-gag law; First Amendment protects

Interstate postureWyoming has neither a shield law protecting abortion providers or patients from other states' investigations nor a law targeting cross-border abortion activity; it is neutral on interstate abortion…

§ IX · Who pays

Hyde Amendment only

Life

Hyde · federal

Rape

Hyde · federal

Incest

Hyde · federal

Beyond Hyde

Not covered

●

No statutory restriction on private coverage

No additional exchange restrictions

✓

Defunds providers; restricts state appropriations

§ X · Pending changes status and effect as recorded — no forecast

Litigation

Johnson et al. v. State — HB0126 heartbeat ban challengeTemporary injunction granted April 24, 2026, by Natrona County District Court; merits not yet decided. State…

If upheld, the six-week ban is permanently blocked and abortion remains legal to viability. If the injunction is dissolved on appeal, abortion becomes illegal once…

Litigation

State appeal of June 12, 2026 order striking down HB64, HB42,…Wyoming Speaker of the House confirmed intent to appeal to the Wyoming Supreme Court. Appeals timeline…

If the Wyoming Supreme Court reverses, the 48-hour waiting period with mandatory ultrasound for medication abortion, TRAP licensing requirements, and clinic…

Legislation

Potential constitutional amendment to overturn JohnsonThe Wyoming Supreme Court in Johnson explicitly noted that 'lawmakers could ask Wyoming voters to consider a…

If passed by the legislature (two-thirds vote) and approved by voters, a constitutional amendment could remove or narrow the Art. 1, § 38 protection for abortion,…

§ XI · Key authorities ● case  ■ statute  ◆ agency

■Wyoming Constitution, Article 1, Section 38 — Health… Wyo. Const. art. 1, § 38

●State v. Johnson State v. Johnson, 2026 WY 1 (Wyo. 2026)

■Viability Abortion Ban Wyo. Stat. Ann. § 35-6-102(a)

■Life is a Human Right Act (blocked) Wyo. Stat. Ann. §§ 35-6-120 to 35-6-138

■Medication Abortion Ban (blocked) Wyo. Stat. Ann. § 35-6-139

■Physician-Only Abortion Restriction Wyo. Stat. Ann. § 35-6-111

■Fetal Homicide — Murder of Unborn Child Wyo. Stat. Ann. § 6-2-104(b)-(c)

■Human Heartbeat Act (blocked) HB0126, 68th Leg. (Wyo. 2026)

■Public Funding Restriction Wyo. Stat. Ann. § 35-6-117(a)

■Abortion Reporting Requirement Wyo. Stat. Ann. § 35-6-131

◐ Semi-verified — confirm at sourceIncest exception · Surgical methods · Who may perform · Nurses & staff · Helpers · Waiting period · Ultrasound · In-person visits
○ Verify before publicationMailing pills · Parental involvement · Judicial bypass · Paternal rights · Telehealth prescribing · The enforceability of the parental involvement law (§ 35-6-118) after Johnson is genuinely ambiguous. The Wyoming Legislature's website lists it as…
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