§ 1 Overview
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 restrictive laws remain enjoined or struck down by courts.
Full analysis
Abortion is currently legal in Wyoming up to the point of viability — around 24 weeks into pregnancy. This is because the Wyoming Supreme Court ruled in January 2026 that the state constitution protects the right to make one's own health care decisions, including abortion. The state has passed several laws attempting to restrict abortion — a near-total ban, a medication abortion ban, a six-week heartbeat ban, and various clinic regulations — but all have been blocked or struck down by courts. The one remaining restriction is the viability limit, which allows abortion except when the fetus can survive outside the womb, with exceptions for life and health. Wyoming has one abortion clinic, Wellspring Health Access in Casper.
Legal analysis
The operative restriction is Wyo. Stat. Ann. § 35-6-102(a), which prohibits abortion after viability except 'when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.' This viability standard predates Dobbs and remains in force because the 2022 trigger ban (HB92, Wyo. Stat. Ann. § 35-6-102(b)) and the 2023 Life is a Human Right Act (Wyo. Stat. Ann. §§ 35-6-120 to 35-6-138) and Medication Ban (Wyo. Stat. Ann. § 35-6-139) were all declared unconstitutional by the Wyoming Supreme Court in State v. Johnson, 2026 WY 1 (Jan. 6, 2026). A 2026 six-week heartbeat ban (HB0126) was temporarily enjoined on April 24, 2026. The viability ban was certified as operative by the governor on May 1, 2026. The Wyoming Supreme Court held that Art. 1, § 38 of the Wyoming Constitution — the 'health care freedom' amendment — confers a fundamental right to make health care decisions including abortion and requires strict scrutiny for restrictions.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-102(a), subsection (a), Wyoming Legislature via Justia · State v. Johnson, 2026 WY 1 (Wyo. 2026), Opinion summary, Justia · Wyo. Const. art. 1, § 38, subsection (a), Center for Reproductive Rights
Editor’s note The viability ban was certified as operative by the governor on May 1, 2026, following the temporary injunction of the heartbeat ban. The heartbeat ban's injunction could be lifted on appeal, which would shift the operative limit from viability to approximately 6 weeks LMP.
§ 2 At a glance
Key machine-readable determinations from the research document. Each value is derived from a sourced finding on this page — where a finding is unsettled, the value says so.
Legal classification
Viability limit
Gestational limit
24 weeks
Limit measured from
Last menstrual period
Available today, as enforced
Yes
Mother expressly exempt
Yes
Medication abortion distinct
Yes
Telehealth prescribing
No
Shield state
No
Civil bounty enforcement
No
Parental involvement
Notification only
Judicial bypass
Yes
Medicaid coverage
Hyde only
Fetal homicide law
Yes
Personhood language in law
Yes
Rape / incest exception
Yes
Exceptions present
Life, Physical health, Rape, Incest, Fatal fetal anomaly, Ectopic miscarriage carveout
§ 3 What counts as “abortion” here
Broad definition; excludes IVF, ectopic, miscarriage
The enjoined 2023 Life Act defines abortion as terminating a clinically diagnosable pregnancy with intent to cause the unborn baby's death, but expressly excludes ectopic pregnancy treatment, miscarriage removal, and life-saving treatment harming the fetus.
Full analysis
Wyoming's abortion laws contain several definitions of abortion depending on which statute you look at. The most comprehensive definition, found in the 2023 Life is a Human Right Act (now struck down), defines abortion as using any instrument, medicine, drug, or other means to intentionally terminate a clinically diagnosable pregnancy, knowing it will likely cause the death of the unborn baby. This definition expressly does not include procedures done to save the life or health of the unborn baby, remove a dead fetus after miscarriage, treat an ectopic pregnancy, or treat a woman for cancer or other disease when the treatment may harm the fetus. IVF and embryos outside the womb are not addressed. The current viability statute (W.S. § 35-6-102) uses the term 'abortion' without a separate definition section, relying on the generally understood medical meaning.
Legal analysis
The enjoined Life Act (Wyo. Stat. Ann. § 35-6-122(a)(i)) defines 'abortion' as 'the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one (1) or more unborn babies in a multifetal pregnancy, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn baby.' The same subsection then carves out uses done with intent to '(A) Save the life or preserve the health of the unborn baby; (B) Remove a dead unborn baby caused by spontaneous abortion or intrauterine fetal demise; (C) Treat a woman for an ectopic pregnancy; or (D) Treat a woman for cancer or another disease.' The statute defines 'pregnant' as 'the human female reproductive condition of having a living unborn baby or human being within a human female's body throughout the entire embryonic and fetal stages ... from fertilization, when a fertilized egg has implanted in the wall of the uterus, to full gestation.' 'Unborn baby' means 'an individual living member of the species homo sapiens throughout the entire embryonic and fetal stages from fertilization to full gestation.' The current viability statute contains no separate definition of abortion.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-122(a)(i), subsection (a)(i), Justia
Editor’s note The Life Act definitions are technically on the books but permanently enjoined by State v. Johnson, 2026 WY 1. The current operative viability statute (Wyo. Stat. Ann. § 35-6-102) contains no statutory definition of abortion, leaving the term to its ordinary medical meaning.
§ 4 Current status
Legal to viability; other bans enjoined
Under Wyo. Stat. Ann. § 35-6-102(a), abortion is legal until viability (about 24 weeks LMP), with exceptions for life and health after viability; the near-total ban, medication abortion ban, and six-week heartbeat ban are all enjoined or struck down.
Full analysis
Right now, a person in Wyoming can legally obtain an abortion up to the point of viability — around 24 weeks of pregnancy. After viability, abortion is allowed only when necessary to protect the pregnant woman from an imminent danger that substantially endangers her life or health. This is because the Wyoming Supreme Court ruled in January 2026 that the state constitution protects the right to make health care decisions. The state's attempt to ban abortion entirely (the 2023 'Life is a Human Right Act'), its separate ban on abortion medication, and its 2026 six-week 'heartbeat' ban have all been blocked by courts. Wyoming has one abortion clinic, Wellspring Health Access in Casper, which provides both procedural and medication abortion.
Legal analysis
The current operative legal regime is governed by Wyo. Stat. Ann. § 35-6-102(a), which prohibits abortion after viability except 'when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.' This is a pre-Dobbs viability standard. The 2022 trigger ban (Wyo. Stat. Ann. § 35-6-102(b)), which would have banned nearly all abortions, was certified by the governor as effective after Dobbs but was superseded by the 2023 Life is a Human Right Act (Wyo. Stat. Ann. §§ 35-6-120 to 35-6-138). Both the Life Act and the Medication Ban (Wyo. Stat. Ann. § 35-6-139) were permanently enjoined by the Wyoming Supreme Court in State v. Johnson, 2026 WY 1 (Jan. 6, 2026). In March 2026, the legislature enacted HB0126 (the Human Heartbeat Act), a six-week ban, which was temporarily enjoined by the Natrona County District Court on April 24, 2026. Following that injunction, the governor certified the viability ban as the operative law on May 1, 2026.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-102(a), HB92 Enrolled Act, Section 1, Wyoming Legislature · State v. Johnson, 2026 WY 1, slip op. at ¶159, Justia · Reproductive Rights map, Wyoming, Center for Reproductive Rights
Editor’s note The viability ban being the 'operative' law post-May 1, 2026 depends on the governor's certification and is subject to further litigation. The heartbeat ban's temporary injunction remains subject to appeal.
§ 5 Law-in-effect vs. law-on-the-books
Viability ban in effect; all stricter laws blocked
The 2023 Life Act and Medication Ban are permanently enjoined by the Wyoming Supreme Court; the 2026 six-week heartbeat ban is temporarily enjoined; the pre-existing viability ban is the only enforceable restriction.
Full analysis
Wyoming's legal landscape is defined by what courts have blocked rather than what the legislature has passed. The Wyoming Supreme Court permanently struck down the state's near-total abortion ban and medication abortion ban in January 2026, ruling they violate the state constitution. A new six-week ban passed in March 2026 was temporarily blocked by a state judge in April 2026. Additional laws requiring an ultrasound, a 48-hour waiting period for medication abortion, and licensing abortion clinics as surgical centers were also struck down by a district court judge in June 2026. The only abortion restriction currently enforceable is the viability limit.
Legal analysis
State v. Johnson, 2026 WY 1 (Jan. 6, 2026): The Wyoming Supreme Court, in a 4-1 decision, affirmed the Teton County District Court's grant of summary judgment and permanent injunction, holding that the Life is a Human Right Act and the Medication Ban violate Art. 1, § 38 of the Wyoming Constitution. The court held that the right to make health care decisions is fundamental and restrictions must survive strict scrutiny. Johnson et al. v. State, Case No. 116148 (Wyo. Dist. Ct. of Natrona Cnty. Apr. 24, 2026): Temporary injunction blocking enforcement of HB0126 (six-week heartbeat ban). Johnson et al. v. State, Case No. 2025-CV-0115019 (Wyo. Dist. Ct. of Natrona Cnty. Apr. 21, 2025): Preliminary injunction blocking HB64 (ultrasound/waiting period for medication abortion) and HB42 (TRAP/surgical center requirements). On June 12, 2026, District Judge Thomas T.C. Campbell issued a final order striking down HB64, HB42, and related ultrasound/TRAP laws as unconstitutional under Art. 1, § 38.
Verified at source · high confidence · State v. Johnson, 2026 WY 1 (Wyo. 2026), slip op., Justia · Cowboy State Daily, June 12, 2026, Cowboy State Daily
Editor’s note The June 12, 2026 district court ruling striking down HB64, HB42, and related laws is subject to appeal. The heartbeat ban injunction (April 24, 2026) is also appealable. The governor's May 1, 2026 certification reactivating the viability ban is premised on the heartbeat ban being blocked and could be revisited.
§ 6 Exceptions
Life of the mother
Life exception in viability ban
The viability ban permits abortion after viability when necessary to preserve the woman from an imminent peril that substantially endangers her life.
Full analysis
Under Wyoming's current viability law, an abortion can be performed after the point of viability if continuing the pregnancy would pose an imminent danger that substantially endangers the pregnant woman's life. The law uses the phrase 'imminent peril' and requires the judgment to be made 'according to appropriate medical judgment,' meaning a doctor must determine the risk is real and serious.
Legal analysis
Wyo. Stat. Ann. § 35-6-102(a) permits abortion after viability 'when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.' The phrase 'or health' broadens this beyond a pure life exception to include serious health risks. No additional certification, documentation, or reporting requirements beyond the abortion reporting form (Wyo. Stat. Ann. § 35-6-131) are specified for invoking this exception.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-102(a), subsection (a), Wyoming Legislature
Physical health
Physical health exception in viability ban
The viability ban permits abortion after viability when necessary to preserve the woman from an imminent peril that substantially endangers her health.
Full analysis
The viability ban's exception covers not just life-threatening situations but also cases where continuing the pregnancy would pose an imminent danger that substantially endangers the pregnant woman's health. The law says 'life or health,' so a serious threat to physical health — not just imminent death — qualifies for the exception. The determination must be made according to appropriate medical judgment.
Legal analysis
Wyo. Stat. Ann. § 35-6-102(a) uses the disjunctive 'life or health,' making the health exception independently operative. The standard is 'imminent peril that substantially endangers her ... health.' The statute provides no definition of 'imminent peril' or 'health' for purposes of the viability provision, unlike the more restrictive definitions in the enjoined statutes. The physician's 'appropriate medical judgment' controls.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-102(a), subsection (a), Wyoming Legislature
Mental health
No separate mental health exception
Wyoming's current viability law does not have a standalone mental health exception, but the broad 'health' language could arguably encompass mental health in appropriate medical judgment.
Full analysis
The viability ban does not say anything specifically about mental health. It allows abortion after viability when necessary to preserve the woman's 'life or health.' This broad health language, which is not further defined, could potentially be interpreted by a physician to include serious mental health conditions. But the enjoined, stricter bans explicitly excluded 'psychological or emotional conditions' from their health exceptions, suggesting the legislature's intent to limit 'health' to physical conditions.
Legal analysis
Wyo. Stat. Ann. § 35-6-102(a) contains no definition that excludes mental health from the term 'health.' Unlike the enjoined Life Act (Wyo. Stat. Ann. § 35-6-124(a)(i), which limits exceptions to 'a physical condition' and excludes 'psychological or emotional conditions') and the Medication Ban (Wyo. Stat. Ann. § 35-6-139(b)(iii), which states 'imminent peril means only a physical condition'), the viability provision contains no such limitation. Whether a Wyoming court would construe 'health' in § 35-6-102(a) to include mental health has not been adjudicated.
Verified at source · medium confidence · Wyo. Stat. Ann. § 35-6-102(a), subsection (a), Wyoming Legislature
Editor’s note The viability ban's 'or health' language is unadjudicated as to mental health. The enjoined statutes' explicit exclusion of mental health suggests legislative hostility to a mental health exception, but those statutes are not currently law.
Rape
Rape/incest exception in viability law
The viability ban does not contain explicit rape or incest exceptions, but because abortion is legal pre-viability for any reason, no exception is needed before viability; after viability, the life/health exception governs.
Full analysis
Because abortion is legal in Wyoming for any reason up to viability, a person who becomes pregnant through rape or sexual assault can obtain an abortion without restriction during that period. After viability, the same life-or-health exception applies regardless of how the pregnancy occurred. The 2022 trigger ban and the 2023 Life Act (both blocked) did include specific rape and incest exceptions, but those exceptions imposed a law enforcement reporting requirement — the victim had to report the assault to police before obtaining the abortion.
Legal analysis
The viability ban (Wyo. Stat. Ann. § 35-6-102(a)) contains no specific rape or incest exception; it relies solely on the life/health exception for post-viability abortions. The blocked 2022 trigger ban (Wyo. Stat. Ann. § 35-6-102(b)) and blocked 2023 Life Act (Wyo. Stat. Ann. § 35-6-124(a)(iii)) both contained rape and incest exceptions with the requirement that the victim report the crime to a law enforcement agency before the abortion. Since neither is in force, no reporting hoops apply. Pre-viability, abortion is available for any reason.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-102(a), subsection (a), Wyoming Legislature
Editor’s note The rape/incest exception is effectively inapplicable because pre-viability abortion requires no justification; post-viability, the life/health exception applies universally.
Incest
See rape exception above
Same as rape: no specific incest exception is needed pre-viability; post-viability the life/health exception covers all cases.
Full analysis
The incest exception follows the same logic as the rape exception. Before viability, a person can obtain an abortion for any reason including incest. After viability, only the life-or-health exception applies, regardless of the circumstances of the pregnancy.
Legal analysis
Identical analysis to the rape exception above. The enjoined statutes defined incest by reference to Wyo. Stat. Ann. § 6-4-402 and imposed the same law enforcement reporting prerequisite.
Semi-verified · high confidence
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Fatal fetal anomaly
Lethal fetal anomaly — in blocked law only
The enjoined Life Act included an exception for lethal fetal anomalies; the current viability ban has no specific fatal fetal anomaly exception, but pre-viability abortion is available for any reason.
Full analysis
A lethal fetal anomaly — a condition diagnosed before birth that means the baby is very unlikely to survive more than hours after birth — was an explicit exception in the 2023 Life Act (now struck down). The current viability law does not mention fetal anomalies at all. Since abortion is legal for any reason before viability, a person who receives a diagnosis of a fatal fetal anomaly before viability can terminate the pregnancy. After viability, the life-or-health exception would apply, and whether a fatal fetal anomaly by itself qualifies as a threat to the woman's health is legally untested.
Legal analysis
The enjoined Life Act (Wyo. Stat. Ann. § 35-6-124(a)(iv)) permitted abortion when 'in the physician's reasonable medical judgment, there is a substantial likelihood that the unborn baby has a lethal fetal anomaly or the pregnancy is determined to be a molar pregnancy.' The current viability ban (Wyo. Stat. Ann. § 35-6-102(a)) has no comparable provision. Pre-viability, abortion is unrestricted. Post-viability, the physician would need to determine that the fetal anomaly creates an 'imminent peril that substantially endangers her life or health.'
Verified at source · medium confidence · Wyo. Stat. Ann. § 35-6-124(a)(iv), subsection (a)(iv), Justia
Editor’s note The lethal fetal anomaly exception exists only in the enjoined Life Act. The current viability statute is silent on this point.
Ectopic pregnancy & miscarriage care
Ectopic and miscarriage excluded from definition
The enjoined Life Act expressly excludes ectopic pregnancy treatment and removal of a dead fetus from the definition of abortion; the current viability ban contains no such carve-out but does not criminalize these procedures.
Full analysis
Even in the strictest banned laws, Wyoming always carved out treatment for ectopic pregnancy (when a fertilized egg implants outside the uterus) and removal of a dead fetus after miscarriage. These are not considered abortion under Wyoming law. Under the current viability standard, which only restricts abortion after viability, these procedures are unrestricted at any stage. The definitional carve-out in the struck-down laws confirms that Wyoming law does not treat miscarriage management or ectopic pregnancy treatment as abortion.
Legal analysis
The enjoined Life Act (Wyo. Stat. Ann. § 35-6-122(a)(i)(B)-(C)) expressly excludes from the definition of abortion procedures done with intent to '(B) Remove a dead unborn baby caused by spontaneous abortion or intrauterine fetal demise; [or] (C) Treat a woman for an ectopic pregnancy.' The current viability law (Wyo. Stat. Ann. § 35-6-102) does not define 'abortion' at all, leaving these procedures unregulated by the abortion chapter. Neither the current nor the enjoined law criminalizes ectopic pregnancy treatment or miscarriage management.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-122(a)(i)(B)-(C), subsection (a)(i)(B)-(C), Justia
§ 7 Methods
Procedural / surgical
Legal to viability; no method bans
Procedural (surgical) abortion is legal up to viability subject only to the physician-only rule; Wyoming has no D&E or D&X ban and no separate method-specific prohibition currently in force.
Full analysis
Surgical or procedural abortion is legal in Wyoming up to the point of viability, around 24 weeks of pregnancy. Wyoming does not have any laws banning specific abortion methods like dilation and evacuation (D&E). A TRAP law (HB42) requiring abortion clinics to be licensed as ambulatory surgical centers and doctors to have hospital admitting privileges was struck down by a state judge in June 2026. Only licensed physicians may perform procedural abortions.
Legal analysis
Wyo. Stat. Ann. § 35-6-111 provides that any person other than a licensed physician who performs an abortion commits a felony, effectively restricting procedural abortion to physicians. No method-specific ban — such as a ban on dilation and evacuation (D&E) or dilation and extraction (D&X/partial-birth abortion) — exists in Wyoming law. The federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. § 1531) applies nationwide. HB42 (2025), which would have required surgical abortion facilities to be licensed as ambulatory surgical centers and physicians to hold admitting privileges at a hospital within 10 miles, was struck down by the Natrona County District Court on June 12, 2026 as violating Art. 1, § 38 of the Wyoming Constitution.
Semi-verified · high confidence · Wyo. Stat. Ann. § 35-6-111, Justia
Editor’s note The physician-only statute (Wyo. Stat. Ann. § 35-6-111) was enacted in 1977. Its status under the Johnson strict scrutiny framework has not been separately litigated, but it remains on the books. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Medication abortion
Legal pre-viability; separate ban struck down
Medication abortion (mifepristone/misoprostol) is currently legal before viability like procedural abortion; the 2023 medication abortion ban (SF0109) was permanently struck down, and the 2025 ultrasound/waiting period law for medication abortion (HB64) was struck down June 2026.
Full analysis
Medication abortion — using pills to end a pregnancy — is legal in Wyoming up to viability. In 2023, Wyoming became the first state to pass a law specifically banning abortion pills, but the Wyoming Supreme Court struck that law down in January 2026. In 2025, the legislature passed a law requiring an ultrasound and a 48-hour wait before getting abortion medication, but a judge struck that down in June 2026. Currently, a person can obtain medication abortion under the same rules as procedural abortion. However, the struck-down law that banned mailing or dispensing abortion pills shows the legislature's intent to restrict medication abortion specifically.
Legal analysis
The Medication Ban (Wyo. Stat. Ann. § 35-6-139, enacted as SF0109 in 2023) made it 'unlawful to prescribe, dispense, distribute, sell or use any drug for the purpose of procuring or performing an abortion on any person,' punishable as a misdemeanor with up to 6 months imprisonment and a $9,000 fine. This was permanently enjoined by the Wyoming Supreme Court in State v. Johnson, 2026 WY 1. HB64 (2025), which required an ultrasound at least 48 hours before a medication abortion, was struck down by the Natrona County District Court on June 12, 2026. Currently, medication abortion is governed by the same viability framework as procedural abortion (Wyo. Stat. Ann. § 35-6-102(a)). The physician-only rule (Wyo. Stat. Ann. § 35-6-111) means medication abortion must be prescribed by or under the authority of a licensed physician.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-139(a), subsection (a), FindLaw · HB64, 68th Leg. (Wyo. 2025), Enrolled Act, § 1(b), Wyoming Legislature
Editor’s note The Medication Ban and HB64 are both on the books but unenforceable. If the Johnson ruling were reversed or a constitutional amendment adopted, medication abortion could be re-criminalized.
Self-managed abortion
Mother exempt; law arguably reaches her
The pregnant woman is expressly exempted from criminal penalties in all Wyoming abortion laws, but the enjoined Medication Ban text makes it unlawful to 'use' any drug for abortion, and the fetus is defined as an 'unborn baby' from fertilization onward.
Full analysis
Wyoming law expressly says that a pregnant woman cannot be criminally prosecuted under the state's abortion laws. The struck-down Life Act says: 'Nothing in this act shall be construed to subject a pregnant woman upon whom any abortion is performed or attempted to any criminal penalty.' The struck-down medication ban similarly exempts the woman. Under the current viability law, there is no criminal provision that could reach a self-managing woman at all. However, because the fetus is defined in Wyoming's code as an 'unborn baby' from fertilization, there is at least a theoretical risk that a self-managed abortion could be investigated as some other crime — though no such prosecution is known to have occurred in Wyoming.
Legal analysis
The mother exemption is explicit: Wyo. Stat. Ann. § 35-6-125(b) ('Nothing in this act shall be construed to subject a pregnant woman upon whom any abortion is performed or attempted to any criminal penalty under this act.') and Wyo. Stat. Ann. § 35-6-139(d) ('A woman upon whom a chemical abortion is performed or attempted shall not be criminally prosecuted.') These exemptions are in the enjoined statutes. The current viability statute (Wyo. Stat. Ann. § 35-6-102) imposes no criminal penalty on anyone, making prosecution of the pregnant woman for self-managed abortion a non-issue under the abortion chapter. The separate question is whether a self-managed abortion could be prosecuted under other criminal statutes (homicide, drug offenses). The fetal homicide statute (Wyo. Stat. Ann. § 6-2-104(b)) requires that the person 'purposely and maliciously' kill a human being who was pregnant, which appears to target third-party violence, not the pregnant woman herself. The Wyoming Supreme Court's ruling that abortion is a protected health care decision under the state constitution provides additional constitutional protection against any such prosecution.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-125(b), subsection (b), Justia · Wyo. Stat. Ann. § 35-6-139(d), subsection (d), FindLaw
Editor’s note The mother exemption is in the enjoined statutes. The current viability law has no criminal provision at all, so the exemption is moot under current law. However, if any abortion ban were re-enacted, the legislature has consistently included a mother exemption.
§ 8 Actors: exposure, person by person
Who may perform an abortion
Physicians only; felony for others
Only a licensed physician may perform an abortion in Wyoming; anyone else who performs an abortion commits a felony punishable by 1-14 years imprisonment under Wyo. Stat. Ann. § 35-6-111.
Full analysis
In Wyoming, only a licensed medical doctor may perform an abortion. If anyone else — such as a nurse practitioner, physician assistant, or midwife — performs an abortion, they commit a felony and can be sentenced to 1 to 14 years in prison. The TRAP law that would have required abortion clinics to be licensed as ambulatory surgical centers and doctors to have hospital admitting privileges was struck down by a court in June 2026.
Legal analysis
Wyo. Stat. Ann. § 35-6-111: 'Any person other than a licensed physician who performs an abortion is guilty of a felony punishable by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years.' This physician-only restriction predates Dobbs and has not been specifically challenged in the Johnson litigation. The TRAP requirements enacted in HB42 (2025) — requiring licensure as an ambulatory surgical center and admitting privileges — were struck down as unconstitutional under Art. 1, § 38 on June 12, 2026. There are no hospital or ambulatory surgical center requirements currently enforceable.
Semi-verified · high confidence · Wyo. Stat. Ann. § 35-6-111, Justia
Editor’s note Under the viability framework, this physician-only restriction remains enforceable. Its impact is mitigated by the fact that Wellspring Health Access employs licensed physicians. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
The pregnant woman
Expressly exempt from criminal penalty
The pregnant woman is expressly shielded from criminal and civil penalties under Wyoming's abortion statutes; under the current viability law, no criminal provision applies to her at all.
Full analysis
A pregnant woman who obtains an abortion in Wyoming faces no criminal liability. Even in the strictest abortion bans that the legislature passed (all now blocked by courts), the laws explicitly said the pregnant woman could not be prosecuted or subject to civil penalties. Under the current viability law, there simply is no criminal provision that could be applied to the pregnant woman. The state constitution's protection of health care decisions, as interpreted by the Wyoming Supreme Court, provides an additional layer of protection.
Legal analysis
The mother exemption appears in both blocked statutes: Wyo. Stat. Ann. § 35-6-125(b) shields the woman from criminal penalties, and Wyo. Stat. Ann. § 35-6-126(b) shields her from civil penalties under the Life Act. Wyo. Stat. Ann. § 35-6-139(d) exempts her from prosecution under the Medication Ban. The current viability law (Wyo. Stat. Ann. § 35-6-102) is a prohibition on performance, not a criminal statute against the patient. The Wyoming Supreme Court's ruling in Johnson that abortion is a fundamental health care right under Art. 1, § 38 further protects the woman's decision. No Wyoming statute criminalizes a woman for obtaining or self-managing an abortion.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-125(b), subsection (b), Justia
The physician
Felony; up to 5 years; license revocation
Under the blocked Life Act, a physician violating the abortion ban faces a felony (up to 5 years, $20,000 fine) and mandatory license revocation; under the current viability law, a post-viability violation has no specified criminal penalty.
Full analysis
Under the currently blocked Life Act, a physician who performed a prohibited abortion could be charged with a felony carrying up to 5 years in prison and a $20,000 fine, plus mandatory revocation of their medical license. The blocked medication ban made violations a misdemeanor (up to 6 months, $9,000). Under the current viability law, the statute simply says an abortion 'shall not be performed' after viability — it does not specify a criminal penalty for violation, though the physician-only felony statute (Wyo. Stat. Ann. § 35-6-111) would not apply since a physician is exempt from it.
Legal analysis
Enjoined Life Act penalties: Wyo. Stat. Ann. § 35-6-125(a) — felony, fine up to $20,000, imprisonment up to 5 years, or both. Wyo. Stat. Ann. § 35-6-126(a) — mandatory license revocation, fines up to $5,000, investigation costs. Enjoined Medication Ban: Wyo. Stat. Ann. § 35-6-139(c) — misdemeanor, imprisonment up to 6 months, fine up to $9,000, or both. Under the current viability law (Wyo. Stat. Ann. § 35-6-102(a)), no criminal penalty is specified for a violation. The physician-only felony (Wyo. Stat. Ann. § 35-6-111) applies only to persons 'other than a licensed physician,' so it does not reach a licensed physician performing an abortion post-viability. This creates a gap: the viability ban has no enforcement mechanism against physicians.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-125(a), subsection (a), Justia
Editor’s note The viability ban (Wyo. Stat. Ann. § 35-6-102(a)) specifies no criminal penalty for a physician who violates it. This gap is a significant feature of the current legal landscape.
Prescribers & pharmacists
Misdemeanor under blocked Medication Ban
Under the blocked Medication Ban, a non-physician prescriber or pharmacist who dispensed abortion medication committed a misdemeanor; under current law, no separate penalty exists.
Full analysis
The law that specifically banned prescribing or dispensing abortion pills (struck down by the Wyoming Supreme Court) would have made it a misdemeanor for any prescriber or pharmacist — not just physicians — to prescribe, dispense, or sell abortion medication. Under current law, the general physician-only rule means a non-physician cannot legally prescribe abortion medication, but there is no specific penalty statute aimed at pharmacists filling valid prescriptions for abortion medication.
Legal analysis
The enjoined Medication Ban (Wyo. Stat. Ann. § 35-6-139(a), (c)) criminalized prescribing, dispensing, distributing, selling, or using any drug for abortion as a misdemeanor (up to 6 months, $9,000). Under current law, the physician-only statute (Wyo. Stat. Ann. § 35-6-111) would arguably reach a non-physician prescriber who 'performs' an abortion by prescribing medication, but a pharmacist simply filling a physician's prescription is likely outside its scope. The FDA's authority over mifepristone under the federal Food, Drug, and Cosmetic Act preempts some state restrictions, but this preemption argument has not been adjudicated in Wyoming.
Verified at source · medium confidence · Wyo. Stat. Ann. § 35-6-139(a), subsection (a), FindLaw
Editor’s note The FDA preemption question — whether the FDA's regulation of mifepristone preempts state restrictions — is a live federal issue not yet specifically litigated in Wyoming.
Nurses & clinic staff
Aiding/abetting exposure under blocked laws
Under the blocked Life Act, nurses and clinic staff who knowingly assist with a prohibited abortion could face accomplice liability under general criminal law, but under current law no criminal prohibition exists to be aided.
Full analysis
Nurses and other clinic staff who assist with abortions could, under the blocked near-total ban, have been charged as accomplices to a felony. The blocked Life Act prohibited anyone from knowingly performing or assisting in an abortion, which by its terms could reach clinical staff. Under the current viability law, which does not create a criminal offense for performing an abortion pre-viability, clinic staff assisting in a lawful procedure face no criminal exposure. For post-viability procedures, the lack of a criminal penalty for physicians also means the absence of an underlying crime for any accomplice to be charged with.
Legal analysis
The enjoined Life Act (Wyo. Stat. Ann. § 35-6-123) prohibited 'no person' from knowingly administering or using any means to cause an abortion — broad enough to reach assisting staff. Wyoming's general accomplice statute (Wyo. Stat. Ann. § 6-1-201) imposes liability on anyone who 'aids, abets, or attempts to aid another person' in committing a crime. Under the current viability law, since no criminal offense exists for pre-viability abortion, there is no predicate crime for accomplice liability. Post-viability, the statute is prohibitory only and lacks a criminal penalty provision, leaving no crime to aid.
Semi-verified · high confidence
Editor’s note Under the current viability regime, clinic staff have no criminal exposure. If any blocked ban were reinstated, the accomplice statute could reach them. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Other helpers
No specific helper liability under current law
Wyoming has no law specifically criminalizing those who fund, drive, advise, or otherwise assist a person in obtaining an abortion; the blocked bans would have reached anyone who 'abets' an abortion, but both are unenforceable.
Full analysis
Friends, family members, employers, or abortion funds that help someone obtain an abortion — by paying, driving, or providing information — face no criminal liability under Wyoming law as currently enforced. The blocked near-total ban would have prohibited 'abetting' an abortion, which could have reached helpers. But that law has been permanently struck down, and Wyoming has not enacted any law specifically targeting abortion helpers, funders, or travel assistance.
Legal analysis
The enjoined Life Act (Wyo. Stat. Ann. § 35-6-123(a)(i)) prohibited 'administer[ing] to, prescrib[ing] for or sell[ing] to any pregnant woman any medicine, drug or other substance with the specific intent of causing or abetting an abortion.' This 'abetting' language could reach third-party helpers, but the statute is permanently enjoined. Wyoming has no abortion travel ban, no 'abortion trafficking' statute, no SB8-style civil bounty law, and no law specifically targeting abortion funds. General criminal accomplice liability (Wyo. Stat. Ann. § 6-1-201) requires an underlying crime, which is absent under current law. The Wyoming Supreme Court's constitutional ruling in Johnson further protects facilitating conduct as an exercise of protected health care decision-making.
Semi-verified · high confidence
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 9 Aiding & assisting
Helping someone travel
No travel ban or trafficking law
Wyoming has no law restricting or criminalizing travel out of state for abortion, nor any 'abortion trafficking' statute targeting those who assist with travel.
Full analysis
A person in Wyoming who wants to travel to another state for an abortion can do so freely, and anyone who helps them — by driving, paying for transportation, or arranging travel — faces no legal risk under Wyoming law. Wyoming has not passed any of the 'abortion trafficking' laws seen in other states that try to punish helping a minor or adult travel for an abortion. There is also no local ordinance in Wyoming targeting travel assistance.
Legal analysis
Wyoming has no statute analogous to Idaho's 'abortion trafficking' law or Texas's SB8. No Wyoming law purports to criminalize crossing state lines for abortion, assisting with travel, or facilitating out-of-state procedures. The constitutional right to travel provides a federal floor. Under current Wyoming law with abortion legal to viability, no travel is legally necessary for most patients, though residents may travel to states with fewer restrictions for later-term care.
No law on this point · high confidence
Editor’s note The absence of a travel ban is notable given Wyoming's conservative legislature, but no such bill has passed.
Paying for an abortion
No law targeting abortion funding or funds
Wyoming has no law that criminalizes or penalizes paying for someone else's abortion or providing funding assistance; abortion funds currently operate without state-imposed legal barriers.
Full analysis
Abortion funds — nonprofit organizations that help people pay for abortions and related costs — can legally operate in Wyoming. Employers who want to cover abortion-related travel for their employees are not prohibited from doing so by state law. Individuals who help a friend or family member pay for an abortion also face no legal risk. The state does restrict its own funds: Medicaid and other state funds cannot be used to pay for abortion except in very limited circumstances.
Legal analysis
Wyoming has no SB8-style civil enforcement mechanism that would allow private suits against those who fund abortions. The blocked Life Act's 'abetting' language could theoretically have been read to reach funding, but it is permanently enjoined. State funding restrictions are analyzed separately under Wyo. Stat. Ann. § 35-6-117 and § 35-6-138. No statute specifically targets abortion funds, nonprofit assistance organizations, or employer reimbursement programs.
No law on this point · high confidence
Mailing abortion medication
Mailing pills banned in blocked statute
Under the blocked Medication Ban, distributing or dispensing abortion medication by mail was a misdemeanor; the federal Comstock Act also lurks as a potential federal obstacle, though not currently enforced against FDA-approved drugs.
Full analysis
The struck-down Medication Ban made it a crime to 'distribute' or 'sell' abortion medication, which could cover mailing pills. Since that law has been permanently blocked, mailing abortion medication into or within Wyoming is not currently a state crime. However, the federal Comstock Act — a 19th-century law that bans mailing any article 'designed, adapted, or intended for producing abortion' — is still on the books. The Biden administration's Department of Justice took the position that the Comstock Act does not apply to FDA-approved medication mailed for lawful use, but a future administration could take a different position. This remains a theoretical risk.
Legal analysis
The enjoined Medication Ban (Wyo. Stat. Ann. § 35-6-139(a)) made it unlawful to 'dispense, distribute, [or] sell' any drug for abortion, which encompasses mailing. That statute is permanently enjoined. The federal Comstock Act (18 U.S.C. § 1461-1462) prohibits mailing any 'article, instrument, substance, drug, medicine, or thing' that is 'designed, adapted, or intended for producing abortion,' but the DOJ Office of Legal Counsel opined in 2022 that it does not apply 'where the sender lacks the intent that the recipient of the drugs will use them unlawfully.' The FDA maintains its approval of mifepristone for use through 10 weeks gestation with a REMS that allows mail-order pharmacy dispensing. State-level mail restrictions would face FDA preemption arguments.
Verify before publication · medium confidence · Wyo. Stat. Ann. § 35-6-139(a), subsection (a), FindLaw
Editor’s note The Comstock Act's applicability to FDA-approved medication abortion is a live federal legal question not specifically adjudicated in Wyoming. The Biden-era OLC opinion could be reversed by a future administration.
Providing information
No information-gag law; First Amendment protects
Wyoming has no law restricting the provision of information about abortion; a First Amendment challenge would likely succeed against any such law, and the state constitution's health care freedom provision adds protection.
Full analysis
It is legal in Wyoming to provide information about abortion — including referrals, website addresses, or advice about where and how to obtain an abortion. Wyoming has not passed a law restricting abortion-related speech. The First Amendment to the U.S. Constitution protects the right to provide truthful information about lawful medical procedures, and courts have consistently struck down laws that try to restrict such speech. The Wyoming Supreme Court's ruling that abortion is a protected health care decision under the state constitution adds an additional layer of protection for informational speech related to accessing health care.
Legal analysis
Wyoming has no law comparable to Texas's SB8 aiding-and-abetting provision that reaches those who provide information or referrals. The First Amendment protects truthful, non-misleading speech about lawful activities. The Supreme Court has not addressed post-Dobbs whether states may criminalize speech about out-of-state abortion, but existing precedent (Bigelow v. Virginia, 421 U.S. 809 (1975)) strongly supports protection. To the extent any Wyoming law could be construed to restrict abortion-related speech, the Wyoming Supreme Court's recognition of abortion as a fundamental health care right under Art. 1, § 38 would provide state constitutional protection.
No law on this point · high confidence
Editor’s note Wyoming has not enacted an information-restriction statute, so this analysis is based on the constitutional defaults.
Private civil enforcement (bounty suits)
No SB8-style civil bounty law
Wyoming has not enacted any law creating a private civil cause of action against abortion providers, patients, or helpers, unlike Texas's SB8 model.
Full analysis
Wyoming does not have a law like Texas's SB8, which allows private citizens to sue anyone who 'aids or abets' an abortion for at least $10,000 in damages. No Wyoming law creates a private right to sue over abortion. The blocked Life Act's civil penalty provision applied only to licensing boards, not to private citizens bringing lawsuits.
Legal analysis
The blocked Life Act (Wyo. Stat. Ann. § 35-6-126) provides for professional sanctions by the state board of medicine and civil penalties enforceable by the state — not a private right of action. No Wyoming statute authorizes private enforcement of abortion restrictions. The absence of a civil bounty mechanism is a significant structural difference between Wyoming and states like Texas and Oklahoma.
No law on this point · high confidence
§ 10 Procedural requirements
Waiting period
No mandatory waiting period currently
Wyoming currently has no mandatory waiting period between counseling and abortion; the 48-hour waiting period for medication abortion (HB64) was struck down in June 2026.
Full analysis
There is currently no state-mandated waiting period between when a person receives counseling and when they can obtain an abortion in Wyoming. The legislature passed a 48-hour waiting period specifically for medication abortion in 2025, but a judge struck it down in June 2026 as unconstitutional. For procedural abortion, Wyoming has never had a mandatory waiting period.
Legal analysis
HB64 (2025) required that 'not less than forty-eight (48) hours before a pregnant woman procures the drugs or substances for a chemical abortion ... the pregnant woman shall have an obstetric ultrasound performed.' This was struck down by the Natrona County District Court on June 12, 2026 as violating Art. 1, § 38 of the Wyoming Constitution. No other waiting period statute exists in Wyoming. Prior to HB64, Wyoming had an ultrasound 'opportunity' requirement (2017) that required informing the patient of the opportunity to view an ultrasound, but did not mandate a waiting period.
Semi-verified · high confidence · HB64, § 1(b), § 1(b), Wyoming Legislature
Editor’s note The June 12, 2026 ruling striking down HB64 is subject to appeal by the state. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Mandatory counseling
No state-scripted counseling
Wyoming has no law requiring state-scripted counseling or the provision of state-produced materials before an abortion; the 2017 ultrasound 'opportunity' requirement was the closest analog and has been superseded by struck-down laws.
Full analysis
Wyoming does not require doctors to read a state-mandated script or provide state-produced materials to a person seeking an abortion. Other states sometimes require doctors to tell patients about alleged risks of abortion, fetal development, or alternatives to abortion — Wyoming has none of these. Standard medical informed consent applies as it does for any other medical procedure.
Legal analysis
Wyoming has not enacted a state-mandated informed consent script of the type seen in states like Texas or South Dakota. The 2017 ultrasound law required only that the patient 'be informed of the opportunity to view an active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible.' That statute was effectively superseded by the struck-down HB64. No other state-scripted counseling law exists. General medical informed consent principles govern.
No law on this point · high confidence
Ultrasound requirement
No ultrasound requirement currently
There is currently no mandatory ultrasound requirement; the 2025 law requiring an ultrasound 48 hours before medication abortion (HB64) was struck down in June 2026.
Full analysis
Wyoming does not currently require a person to have an ultrasound before obtaining an abortion. A 2025 law required an ultrasound at least 48 hours before getting medication abortion pills, but a judge struck that law down in June 2026. An older 2017 law said patients had to be told they could view an ultrasound if they wanted to, but did not make one mandatory.
Legal analysis
HB64 (2025) required an obstetric ultrasound at least 48 hours before medication abortion and required verification that 'the ultrasound image was of the unborn child of the pregnant woman at that time.' This was struck down by District Judge Thomas T.C. Campbell on June 12, 2026, as violating Art. 1, § 38. The 2017 law required only that the patient be 'informed of the opportunity to view an active ultrasound of the unborn child and hear the heartbeat,' not that one be performed. No mandatory ultrasound provision is currently in force.
Semi-verified · high confidence · HB64, § 1(b), § 1(b), Wyoming Legislature
Editor’s note Subject to appeal. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
In-person visits
No mandatory in-person visits
Wyoming currently requires zero legally compelled in-person visits for abortion; the struck-down HB64 waiting period and ultrasound requirement for medication abortion would have forced at least two visits but is unenforceable.
Full analysis
Under current law, there is no requirement for multiple in-person visits to obtain an abortion in Wyoming. A person can typically have their consultation and abortion on the same day or over one to two consecutive days depending on the type of abortion and how far along the pregnancy is. The law that would have required two separate visits for medication abortion (one for the ultrasound and a second at least 48 hours later for the medication) has been struck down by a court.
Legal analysis
No Wyoming statute currently requires separate in-person visits for counseling and procedure. The struck-down HB64 would have required at minimum two visits: one for the ultrasound and a second, at least 48 hours later, for dispensing the medication. The TRAP law (HB42, also struck down) would have imposed facility requirements but not additional patient visits. Under the current viability regime, the standard of care — not statute — governs the number and timing of visits.
Semi-verified · high confidence
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 11 Minors
Parental involvement
Notification and consent; status unclear
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.
Full analysis
Wyoming had a law requiring that a minor under 18 notify at least one parent or guardian in writing at least 48 hours before an abortion and obtain written consent from that parent. However, the 2023 Life Act (now struck down) appeared to repeal this provision. The Center for Reproductive Rights notes that it 'remains unclear' whether the Johnson ruling invalidates all of the Life Act or only the specific sections found unconstitutional, and that the parental involvement statute predates the post-Dobbs controversy. Individual providers may still require parental consent regardless of state law. A judicial bypass — where a minor can ask a judge for permission instead — is available.
Legal analysis
Wyo. Stat. Ann. § 35-6-118 (2022) required (a) written notice to at least one parent or guardian at least 48 hours before the abortion, (b) written consent of the minor and at least one parent or guardian, unless (c) the minor obtained a court order granting self-consent. The Wyoming Legislature's website indicates this section was repealed as part of HB152 (2023 Life Act). However, as the Center for Reproductive Rights notes, it is 'unclear whether the result of State v. Johnson invalidates all of H.B. 152 or only those specific sections identified as unconstitutional.' The TRO in Johnson stated the preserved status quo is the law 'since Wyoming's Dobbs era began,' and the parental consent statute predates that controversy. In practice, Wellspring Health Access may impose its own parental involvement policies regardless.
Conflicting authority The Wyoming Legislature's website lists Wyo. Stat. Ann. § 35-6-118 as repealed by HB152 (2023), but the Center for Reproductive Rights contends the repeal may have been partially invalidated by the Johnson ruling. No Wyoming court has clarified the parental involvement statute's status since Johnson.
Verify before publication · low confidence · Wyo. Stat. Ann. § 35-6-118(a) (2022), subsection (a), Justia
Editor’s note The enforceability of the parental involvement law is genuinely uncertain. An editor should check with Wyoming practitioners or Wellspring Health Access about actual practice. The ambiguity arises because the Johnson court struck down some but not all of HB152.
Judicial bypass
Judicial bypass available if law enforced
If the parental involvement law is enforceable, a minor can petition a court for permission to self-consent in a closed hearing; the bypass standard is based on maturity or best interests.
Full analysis
If the parental involvement requirement is in effect, a minor who cannot or does not want to involve a parent can ask a judge for permission to consent to the abortion on her own. The hearing is closed (not public), and the judge is supposed to consider whether the minor is mature enough to make the decision or whether an abortion is in her best interests. The law does not specify a timeline for the judge to rule.
Legal analysis
Wyo. Stat. Ann. § 35-6-118(a)(i) (2022) provided that the parental notification and consent requirement did not apply where 'the minor, in a closed hearing, is granted the right to self-consent to an abortion by court order pursuant to W.S. 35-6-507(b).' Wyo. Stat. Ann. § 35-6-507(b) provides the bypass procedure: 'The court shall enter an order authorizing an abortion if the court finds that the minor is mature and capable of giving informed consent to the abortion or that an abortion would be in the best interests of the minor.' The petition is confidential and the minor may have counsel appointed. The uncertainty in the parental involvement law's enforceability makes judicial bypass equally uncertain.
Verify before publication · low confidence · Wyo. Stat. Ann. § 35-6-507(b), Center for Reproductive Rights (cited)
Editor’s note Same enforceability caveat as the parental involvement law applies. The bypass statute's procedural viability depends on whether § 35-6-118 is currently in force.
§ 12 Paternal & spousal rights
Consent & notice laws on the books
No spousal consent or notice law
Wyoming has no statute requiring spousal consent or notice for abortion; no law requiring the father's consent exists.
Full analysis
Wyoming does not require a married person to get their spouse's permission or to notify their spouse before having an abortion. There is also no law requiring the consent of the person who caused the pregnancy. A pregnant person in Wyoming — whether married or unmarried — makes the abortion decision independently.
Legal analysis
No Wyoming statute conditions a person's access to abortion on spousal consent, spousal notification, or the consent of the biological father. This is consistent with the U.S. Supreme Court's holding in Planned Parenthood v. Danforth, 428 U.S. 52 (1976), which struck down spousal consent requirements, and Planned Parenthood v. Casey, 505 U.S. 833 (1992), which struck down spousal notification requirements. While Dobbs overruled Roe and Casey, it did not address spousal involvement, and Wyoming has not enacted any such requirement.
No law on this point · high confidence
Enforceability after Danforth and Dobbs
No spousal law to invalidate
Since Wyoming has no spousal consent or notification statute, the question of enforceability after Dobbs does not arise; any future spousal law would face challenges under the Wyoming Constitution's health care freedom provision.
Full analysis
Because Wyoming has no law requiring a spouse's consent or knowledge, there is nothing to enforce or challenge. If the legislature were to pass a spousal involvement law in the future, it would face a challenge under the Wyoming Constitution's health care freedom provision, which the state Supreme Court has now held protects abortion as a fundamental right requiring strict scrutiny.
Legal analysis
The federal question of whether Danforth and Casey's spousal-involvement holdings survive Dobbs is academic in Wyoming because no such statute exists. If enacted, any such restriction would be evaluated under the Wyoming Supreme Court's strict scrutiny framework from Johnson, 2026 WY 1, which would almost certainly invalidate a spousal consent requirement as not narrowly tailored.
No law on this point · high confidence · State v. Johnson, 2026 WY 1 (Wyo. 2026), Justia
Other paternal rights
Father has no veto; wrongful death unclear
A biological father has no legal right to prevent an abortion in Wyoming; whether a father could bring a wrongful death claim for a fetus is unclear under Wyoming law.
Full analysis
A man who impregnates someone has no legal right to stop her from having an abortion under Wyoming law. No Wyoming statute gives the biological father standing to seek an injunction against an abortion. Whether a father could sue for wrongful death of a fetus is unclear — Wyoming's wrongful death statute does not specifically address unborn children, and no Wyoming appellate court has ruled on the question.
Legal analysis
No Wyoming statute confers standing on a putative father to challenge or enjoin an abortion. The state's wrongful death statute (Wyo. Stat. Ann. § 1-38-102) provides a cause of action 'whenever the death of a person is caused by a wrongful act, neglect or default,' but Wyoming courts have not addressed whether 'person' includes an unborn child for purposes of this statute. Most states permit wrongful death actions for viable fetuses; a minority permit them from conception. In the absence of Wyoming appellate authority, a father's ability to bring a wrongful death claim for a fetus is uncertain but unlikely given the Wyoming Supreme Court's recognition of abortion as a protected health care decision. The federal Unborn Victims of Violence Act applies only to federal crimes and does not create a civil cause of action.
Verify before publication · low confidence
Editor’s note The wrongful death question is genuinely unsettled in Wyoming. No Wyoming case law directly addresses it. An editor should monitor for any Wyoming Supreme Court or district court ruling on this point.
§ 13 Fetal personhood
Fetal homicide law
Fetal homicide at any stage; mother exempt
Wyoming law makes killing an unborn child second-degree murder when a third party kills a pregnant woman; the statute applies from conception but exempts abortion and medical treatment, and does not reach the pregnant woman herself.
Full analysis
Wyoming has a fetal homicide law, passed in 2021, that makes it second-degree murder to kill an unborn child when a third party kills or attacks a pregnant woman and the fetus dies. The law applies at any stage of development from conception. The law explicitly does not apply to legal abortions performed with the pregnant woman's consent or to medical treatment. Importantly, the law does not apply to the pregnant woman herself — she cannot be charged with fetal homicide for actions affecting her own pregnancy.
Legal analysis
Wyo. Stat. Ann. § 6-2-104(b) provides that a person is guilty of murder in the second degree of an unborn child if the person purposely and maliciously kills a human being, the human being was pregnant, and the unborn child dies as a result. The penalty is imprisonment for any term not less than 20 years or life. This was enacted as SF96 in 2021. The statute does not define 'unborn child,' but the pregnancy justice analysis of Wyoming's law confirms the mother is exempt and that abortion with consent and medical treatment are excepted.
Verified at source · high confidence · Wyo. Stat. Ann. § 6-2-104(b), subsection (b), FindLaw
Editor’s note The statute applies 'at any stage of development' per the ACLU's analysis of the bill as introduced, but the final enacted language does not specify a gestational stage. The federal Unborn Victims of Violence Act applies at 'any stage of development' and Wyoming's law is modeled on it.
Wrongful death
Unclear; no Wyoming appellate ruling
Wyoming has no statute or appellate decision specifically authorizing or denying a wrongful death action for a fetus; whether a civil claim lies is unsettled.
Full analysis
It is unclear whether someone can sue for wrongful death of a fetus in Wyoming. The state's wrongful death law allows lawsuits 'whenever the death of a person is caused by a wrongful act,' but Wyoming courts have never decided whether an unborn child counts as a 'person' under this law. Most other states allow wrongful death claims for viable fetuses, but Wyoming has not addressed the issue. If such a claim were brought, the Wyoming Supreme Court's recognition of abortion as a protected health care decision could influence the analysis, but no precedent directly applies.
Legal analysis
Wyo. Stat. Ann. § 1-38-102 provides that 'whenever the death of a person is caused by a wrongful act, neglect or default ... the person who would have been liable if death had not ensued shall be liable to an action for damages.' The Wyoming Supreme Court has not addressed whether 'person' includes an unborn child. In the absence of statutory definition and binding precedent, the question remains open. Other states' approaches are split. The Wyoming Supreme Court's fetal personhood language in the blocked Life Act (defining 'unborn baby' as a member of the human race) was not incorporated into the wrongful death statute and is, in any event, in an enjoined provision.
No law on this point · low confidence
Editor’s note No Wyoming authority addresses this point. An editor should monitor for legislative action or litigation.
Personhood definitions
Personhood language in blocked Life Act
The blocked Life Act defines 'unborn baby' as an 'individual living member of the species homo sapiens from fertilization to full gestation' and declares the unborn baby a member of the human race; Art. 1, § 38 of the state constitution does not contain fetal personhood language.
Full analysis
The 2023 Life Act — which the Wyoming Supreme Court struck down — contained strong fetal personhood language. It stated that an 'unborn baby' is 'an individual living member of the species homo sapiens' from fertilization to birth, declared that the unborn baby is a 'member of the human race' under the state constitution, and asserted that 'all members of the human race are created equal and are endowed by their creator with certain unalienable rights, the foremost of which is the right to life.' The law also stated: 'abortion as defined in this act is not health care.' The state constitution does not define a fetus as a person, and the Wyoming Supreme Court explicitly rejected the argument that abortion is not health care.
Legal analysis
Wyo. Stat. Ann. § 35-6-121(a)(i)-(vi) (blocked Life Act findings) declares: 'As a consequence of an unborn baby being a member of the species homo sapiens from conception, the unborn baby is a member of the human race under article 1, section 2 of the Wyoming constitution.' The blocked definitional section (Wyo. Stat. Ann. § 35-6-122(a)(iv)) defines 'unborn baby' or 'unborn human being' as 'an individual living member of the species homo sapiens throughout the entire embryonic and fetal stages from fertilization to full gestation and childbirth.' The findings also declare that 'abortion as defined in this act is not health care' (§ 35-6-121(a)(iv)). The Wyoming Supreme Court explicitly rejected this premise in Johnson: 'The decision whether to terminate or continue a pregnancy is a health care decision under Article 1, Section 38.' The personhood language remains on the books but has no legal force given the permanent injunction.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-122(a)(iv), subsection (a)(iv), Justia · Wyo. Stat. Ann. § 35-6-121(a)(i), subsection (a)(i), Justia
Editor’s note The personhood language is in a permanently enjoined statute and has no legal force. However, the fact that it remains codified in the Wyoming Statutes creates confusion and may be cited in future legislative efforts.
Internal contradictions
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. Stat. Ann. § 6-2-104(b)) treats the killing of an unborn child at any stage as second-degree murder — but this applies only to third-party violence, not to abortion with the pregnant woman's consent. The blocked Life Act itself exempts the pregnant woman from all criminal and civil penalties, meaning the same 'unborn baby' whose life the legislature declares must be protected is one whose termination the pregnant woman faces no liability for facilitating. The blocked Medication Ban exempts the woman from prosecution while criminalizing the same conduct by others. The Wyoming Supreme Court's ruling resolves this contradiction for now: the constitutional right to make health care decisions, including abortion, prevails over the statutory declaration of fetal personhood. But the contradiction persists in the code: the personhood language remains on the books, the fetal homicide law remains in force, and the legislature continues to pass abortion restrictions. If a federal or state constitutional amendment were enacted, the personhood provisions could gain legal force and criminalize conduct that is currently protected.
§ 14 Telehealth & interstate questions
Telehealth prescribing
Telehealth prescribing unclear; physician-only applies
Wyoming has no statute expressly authorizing or prohibiting telehealth for abortion medication prescribing; the physician-only rule and the blocked Medication Ban's prohibition on 'prescribing' abortion medication create significant uncertainty even under the current legality of abortion.
Full analysis
The legal status of telehealth abortion in Wyoming is not clearly addressed by any statute. A physician in Wyoming could arguably prescribe abortion medication via telehealth since abortion is legal to viability, but the physician-only statute means a doctor must be involved. Out-of-state providers prescribing by telehealth into Wyoming face additional uncertainty, as the blocked Medication Ban made it illegal to 'prescribe ... any drug for the purpose of procuring or performing an abortion.' While that statute is blocked, the lack of a Wyoming shield law means out-of-state providers could face risk if the medication ban were ever reinstated.
Legal analysis
No Wyoming statute specifically addresses telehealth for abortion. The physician-only rule (Wyo. Stat. Ann. § 35-6-111) requires a licensed physician to be involved. The blocked Medication Ban (Wyo. Stat. Ann. § 35-6-139(a)) made it unlawful to 'prescribe' abortion medication — under that statute, telehealth prescribing would have been prohibited regardless of the medium. With that ban permanently enjoined, the ordinary practice of medicine rules apply. Wyoming's general telemedicine statute (Wyo. Stat. Ann. § 33-26-103) permits licensed physicians to practice telemedicine but does not specifically address abortion. No Wyoming shield law protects out-of-state providers who prescribe to Wyoming patients. The FDA's REMS for mifepristone permits mail-order pharmacy dispensing after a telehealth consultation, but this interacts with state law.
Verify before publication · low confidence · Wyo. Stat. Ann. § 35-6-139(a), subsection (a), FindLaw
Editor’s note Wyoming's telemedicine landscape for abortion is genuinely unclear. No statute specifically addresses it, and the legal risk for out-of-state telehealth prescribers is not resolved.
Out-of-state travel
Travel out of state is lawful
Wyoming residents may lawfully travel to other states for abortion care; no Wyoming statute purports to regulate or criminalize out-of-state conduct.
Full analysis
A person living in Wyoming can travel to another state — such as Colorado, which has strong abortion protections — to obtain an abortion without fear of prosecution under Wyoming law. Wyoming has passed no law attempting to reach out-of-state abortion-related conduct. Even the blocked near-total ban applied only to abortions performed within Wyoming.
Legal analysis
No Wyoming statute criminalizes or regulates travel for abortion. The blocked Life Act applied to abortions performed in Wyoming. The constitutional right to travel and the federal structure of the union provide strong protections against state efforts to regulate out-of-state conduct. In Dobbs, Justice Kavanaugh wrote in concurrence that 'a State may not bar a resident of that State from traveling to another State to obtain an abortion' (597 U.S. at 346). Wyoming has not tested this principle. No Wyoming resident has been prosecuted for out-of-state abortion travel.
No law on this point · high confidence
Shield & hostile laws
No shield law; no cross-border targeting
Wyoming 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 issues.
Full analysis
Wyoming is neither a shield state nor a targeting state when it comes to interstate abortion issues. Unlike states like New York or California, Wyoming has not passed a law protecting its abortion providers from out-of-state subpoenas, extradition requests, or license actions. Unlike states like Texas or Idaho, Wyoming has not passed a law trying to reach conduct across state lines. This means Wyoming providers have no special legal protection if another state tries to investigate them, and Wyoming residents who travel out of state for abortion face no obstacle from their home state.
Legal analysis
Wyoming has enacted no shield law of the type seen in states like New York (N.Y. Pub. Health Law § 2599-bb) or California (Cal. Health & Safety Code § 123467.5), which prohibit compliance with out-of-state subpoenas and extradition requests related to lawful abortion care. Conversely, Wyoming has no law analogous to Texas's SB8 or Alabama's AG theory of prosecuting out-of-state conduct. Wyoming's posture is one of non-intervention in interstate abortion questions, consistent with the viability framework under which abortion remains broadly legal in-state.
No law on this point · high confidence
§ 15 Funding & insurance
Medicaid
Hyde Amendment only
Wyoming's Medicaid program covers abortion only in cases of life endangerment, rape, or incest — the federal Hyde Amendment minimum — and state law further restricts state appropriations for abortion.
Full analysis
Wyoming's Medicaid program will only pay for an abortion if the pregnancy threatens the pregnant person's life, or if the pregnancy resulted from rape or incest. This is the minimum required by the federal Hyde Amendment, which restricts how federal money can be used for abortion. Wyoming does not voluntarily cover abortion in any additional circumstances with its own state funds. A person on Wyoming Medicaid who needs an abortion for any other reason must pay out of pocket.
Legal analysis
Wyo. Stat. Ann. § 35-6-138 restricts the use of public funds for abortion. The blocked version (Wyo. Stat. Ann. § 35-6-117(b)) would have limited state funding to cases of serious risk of death, substantial and irreversible physical impairment (excluding psychological or emotional conditions), incest, or sexual assault. The current operative version (Wyo. Stat. Ann. § 35-6-117(a)) limits state funds to cases of incest or sexual assault reported to law enforcement within 5 days, or 'when the life of the mother would be endangered if the unborn child was carried to full term.' The federal Hyde Amendment independently restricts federal Medicaid funds to cases of life endangerment, rape, or incest. Wyoming complies with Hyde and does not go beyond it.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-117(a), Section 1, amending Wyo. Stat. Ann. § 35-6-117, Wyoming Legislature (HB92 Enrolled Act)
Editor’s note The current § 35-6-117(a) imposes a 5-day law enforcement reporting requirement for the rape/incest exception in public funding, which is stricter than the federal Hyde Amendment.
Private insurance
No statutory restriction on private coverage
Wyoming does not restrict private health insurance plans from covering abortion; no statute mandates coverage either, leaving it to the market.
Full analysis
Wyoming does not have a law prohibiting private health insurance plans from covering abortion. Whether abortion is covered depends on the specific insurance plan. Some employer-sponsored plans may cover it; others may not. Wyoming does not require insurance plans to cover abortion, but it also does not forbid them from doing so, unlike some states that have enacted abortion coverage bans for private insurance.
Legal analysis
No Wyoming statute restricts private insurance coverage of abortion. Wyoming is not among the states that have enacted laws prohibiting private insurance plans from covering abortion. No mandate exists either. Coverage is determined by the insurance contract. Employers may offer abortion coverage or exclude it at their discretion, subject to ERISA preemption for self-insured plans.
No law on this point · high confidence
ACA exchange plans
No additional exchange restrictions
Wyoming imposes no additional restrictions on abortion coverage in ACA marketplace plans beyond the federal rules, which in Wyoming's federally facilitated marketplace default to no abortion coverage requirement.
Full analysis
Wyoming's health insurance marketplace is run by the federal government. Federal law allows but does not require marketplace plans to cover abortion, and plans that do must segregate premium payments for abortion coverage. Wyoming has not added any state-level restrictions on marketplace plan abortion coverage. In practice, few if any Wyoming marketplace plans cover abortion beyond the Hyde categories.
Legal analysis
Under the ACA (42 U.S.C. § 18023), qualified health plans in the marketplace may choose to cover abortion beyond Hyde categories, but must collect separate premium payments for that coverage and must inform enrollees about it. States may prohibit marketplace plans from covering abortion entirely; Wyoming has not done so. Since Wyoming uses the federally facilitated marketplace (HealthCare.gov), the federal default rules apply. There is no Wyoming-specific law further restricting marketplace coverage.
No law on this point · high confidence
State funding of providers
Defunds providers; restricts state appropriations
Wyoming law prohibits the use of state-appropriated funds for abortion except in narrow circumstances (life, rape, incest), effectively defunding abortion services through public money.
Full analysis
Wyoming does not use state money to fund abortion providers for abortion services. The state budget prohibits spending state-appropriated funds on abortion except when the pregnant person's life is in danger or the pregnancy resulted from rape or incest (with a 5-day police reporting requirement). This means abortion providers like Wellspring Health Access cannot receive state funding, grants, or contracts that would cover abortion procedures.
Legal analysis
Wyo. Stat. Ann. § 35-6-117(a) restricts state-appropriated funds for abortion. Wyo. Stat. Ann. § 35-6-138 separately prohibits the use of public funds for abortion. This effectively defunds abortion services through public channels. There is no state funding program that affirmatively supports abortion providers. The state does not direct Title X family planning funds — which are federally prohibited from funding abortion — to abortion providers, and Wyoming's political climate is hostile to state funding of abortion services.
Verified at source · high confidence · Wyo. Stat. Ann. § 35-6-117(a), Section 1, amending § 35-6-117, Wyoming Legislature (HB92)
§ 16 Penalties, actor by actor
| Actor | Offense | Penalty |
|---|---|---|
| Licensed physician performing prohibited abortion Verified at source |
Violation of Wyo. Stat. Ann. § 35-6-123 (Life Act, blocked) — felony Wyo. Stat. Ann. § 35-6-125(a), subsection (a), Justia |
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 Semi-verified |
Person other than licensed physician performing abortion — felony (Wyo. Stat. Ann. § 35-6-111) Wyo. Stat. Ann. § 35-6-111, Justia |
Felony: imprisonment 1-14 years (Wyo. Stat. Ann. § 35-6-111) |
| Person prescribing/dispensing abortion medication Verified at source |
Violation of Wyo. Stat. Ann. § 35-6-139(a) (Medication Ban, blocked) — misdemeanor Wyo. Stat. Ann. § 35-6-139(c), subsection (c), FindLaw |
Misdemeanor: imprisonment up to 6 months, fine up to $9,000, or both (Wyo. Stat. Ann. § 35-6-139(c), blocked) |
| Pregnant woman Verified at source |
None — expressly exempted from criminal and civil penalties (Wyo. Stat. Ann. §§ 35-6-125(b), 35-6-126(b), 35-6-139(d), all blocked; no penalty in current viability law) Wyo. Stat. Ann. § 35-6-125(b), subsection (b), Justia |
None; mother expressly exempt |
| Third party killing unborn child (not abortion) Verified at source |
Murder in the second degree of an unborn child (Wyo. Stat. Ann. § 6-2-104(b)) Wyo. Stat. Ann. § 6-2-104(b)-(c), subsection (c), FindLaw |
Imprisonment for any term not less than 20 years or life (Wyo. Stat. Ann. § 6-2-104(c)) |
| Pregnant woman — fetal homicide for self-managed abortion Semi-verified |
No liability under fetal homicide statute (applies to third-party violence, not abortion with consent) | None; mother not reachable under this statute |
§ 17 Since Dobbs: what changed
- March 15, 2022
Governor Mark Gordon signs HB92, creating a trigger ban (Wyo. Stat. Ann. § 35-6-102(b)) that prohibits abortion except to preserve the woman from serious risk of death or substantial and irreversible physical impairment, or in cases of incest or sexual assault. The ban is contingent on the U.S. Supreme Court overruling Roe v. Wade.
HB92, 66th Leg. (Wyo. 2022), Section 1, enacting § 35-6-102(b), Wyoming Legislature
- June 24, 2022
Dobbs v. Jackson Women's Health Organization is decided, overruling Roe v. Wade. Wyoming's trigger ban certification process begins.
- July 22, 2022
Governor Gordon certifies the trigger ban as effective. Abortion becomes illegal in Wyoming except for serious risk of death, substantial and irreversible physical impairment, incest, or sexual assault.
- July 27, 2022
Trigger ban takes effect. A Teton County District Court grants a temporary restraining order the same day, blocking enforcement, in Johnson v. State (Johnson I).
- March 17, 2023
Governor Gordon allows the Life is a Human Right Act (HB152) to become law without his signature. This near-total ban replaces the trigger ban, prohibiting all abortion with exceptions for life, physical health, rape, incest, lethal fetal anomaly, and molar pregnancy. The law also contains fetal personhood findings.
HB152, 67th Leg. (Wyo. 2023), Wyoming Legislature
- March 17, 2023
Wyoming becomes the first state to enact a ban specifically targeting medication abortion. Governor Gordon signs SF0109, making it a misdemeanor to prescribe, dispense, distribute, sell, or use any drug for abortion. The law takes effect July 1, 2023.
SF0109, 67th Leg. (Wyo. 2023), Wyoming Legislature
- March 22, 2023
Teton County District Court issues a temporary restraining order blocking enforcement of the Life Act and Medication Ban (Johnson II). Abortion reverts to the pre-Dobbs viability standard.
- November 18, 2024
Teton County District Court Judge Melissa Owens grants summary judgment for plaintiffs, holding that the Life Act and Medication Ban violate Art. 1, § 38 of the Wyoming Constitution, and enters a permanent injunction.
- March 5, 2025
Wyoming legislature overrides Governor Gordon's veto of HB64, enacting a law requiring an ultrasound at least 48 hours before medication abortion. HB42, a TRAP law requiring abortion clinics to be licensed as ambulatory surgical centers and physicians to hold admitting privileges, also passes.
HB64, 68th Leg. (Wyo. 2025), Wyoming Legislature
- April 21, 2025
Natrona County District Court issues a preliminary injunction blocking enforcement of HB64 and HB42 while litigation proceeds.
- January 6, 2026
Wyoming Supreme Court issues its decision in State v. Johnson, 2026 WY 1, holding 4-1 that the Life Act and Medication Ban violate Art. 1, § 38 of the Wyoming Constitution. The court holds that the right to make health care decisions is fundamental, abortion is health care, and the abortion restrictions fail strict scrutiny. The bans are permanently enjoined.
State v. Johnson, 2026 WY 1, Justia
- March 9, 2026
Governor Gordon signs HB0126, the Human Heartbeat Act, a six-week ban prohibiting abortion once cardiac activity is detected, with an exception for medical emergencies (life or serious impairment of a major bodily function). No rape or incest exception. Violation is a felony punishable by up to 5 years imprisonment.
HB0126, 68th Leg. (Wyo. 2026), Wyoming Legislature
- April 24, 2026
Natrona County District Court issues a temporary injunction blocking enforcement of HB0126 (six-week heartbeat ban) in Johnson et al. v. State, Case No. 116148.
- May 1, 2026
Governor Gordon certifies the viability ban (Wyo. Stat. Ann. § 35-6-102(a)) as the operative law following the injunction of the heartbeat ban, making abortion legal to viability with a life/health exception thereafter.
- June 12, 2026
Natrona County District Judge Thomas T.C. Campbell issues a final order striking down three abortion restrictions as unconstitutional: HB64 (ultrasound and 48-hour waiting period for medication abortion), HB42 (TRAP law — ambulatory surgical center licensing and admitting privileges), and the related ultrasound requirement. The state announces its intent to appeal.
Cowboy State Daily, June 12, 2026, Cowboy State Daily
§ 18 Pending changes
Johnson et al. v. State — HB0126 heartbeat ban challenge Litigation
Status. Temporary injunction granted April 24, 2026, by Natrona County District Court; merits not yet decided. State likely to appeal any adverse ruling.
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 cardiac activity is detected (approximately 6 weeks LMP) with only a medical emergency exception (life or serious impairment of a major bodily function).
Johnson et al. v. State, Case No. 116148 (Wyo. Dist. Ct. Natrona Cnty.), Center for Reproductive Rights (cited)
State appeal of June 12, 2026 order striking down HB64, HB42, and ultrasound requirements Litigation
Status. 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.
Wyoming Public Media, June 12, 2026, Wyoming Public Media
Potential constitutional amendment to overturn Johnson Legislation
Status. 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. 1, § 38 protection for abortion, allowing the legislature to enact more restrictive abortion laws including total or near-total bans.
State v. Johnson, 2026 WY 1, Footnote, Justia