Wyoming Family Alliance
Wyoming Abortion Laws: What the Law Actually Says
Wyoming's abortion laws have changed significantly since 2022 — and most of what you'll find online is incomplete, politically slanted, or simply out of date. This page cuts through the noise. What follows is a plain-language summary of Wyoming's current abortion statutes, the exceptions and conditions written into law, the enforcement framework, and the legislative history that brought us here. Every claim is tied to statute or session record. Use it, share it, cite it.
Wyoming's Current Abortion Statute, Plainly Stated
Wyoming enacted two separate abortion prohibition statutes following the U.S. Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which returned abortion regulation to the states. Both laws have faced legal challenges that have affected their implementation. Here is where each stands.
Wyoming Statute § 35-6-102 — Trigger Law (2022)
Wyoming's pre-existing trigger law was designed to take effect upon Dobbs. It prohibits abortion in Wyoming except in limited circumstances. Implementation has been subject to ongoing litigation.
HEA 0099 (2023) — Elective Abortion Ban
The Wyoming Legislature passed a separate elective abortion prohibition in 2023. This statute bans abortion except where specific statutory exceptions apply. A Teton County district court issued a preliminary injunction blocking enforcement pending constitutional review. That litigation remains active as of this page's last updated date.
Wyoming's state constitution includes a provision — added by the Legislature and ratified by voters in 2024 — explicitly stating that the Wyoming Constitution does not create a right to abortion. That provision is central to the ongoing litigation.
Note: Wyoming Family Alliance updates this section following each session and any court ruling affecting enforcement status. Check the last updated date above before citing this page in time-sensitive contexts.
Exceptions Written Into Wyoming Law
Wyoming's abortion prohibitions are not absolute. The statutes include defined exceptions. Understanding what those exceptions do and do not cover is essential to an accurate reading of the law.
The following exceptions are written into Wyoming's elective abortion prohibition:
- Medical emergency: Abortion is permitted when a licensed physician determines that a pregnancy poses a serious risk of substantial and irreversible impairment of a major bodily function, or when continuation of the pregnancy would result in the pregnant woman's death.
- Rape and incest: Abortion is permitted when the pregnancy results from reported rape or incest. The statute requires that the crime be reported to law enforcement prior to the procedure.
- Lethal fetal anomaly: Abortion is permitted when a licensed physician diagnoses a lethal fetal anomaly — a condition incompatible with life outside the womb.
These exceptions do not include a general mental health exception, a viability-based exception, or an exception for non-reported sexual assault. The statute's language controls — not summaries, not news coverage, and not advocacy claims from any direction.
Medication Abortion Under Wyoming Law
Wyoming passed a separate law in 2023 specifically addressing medication abortion — the use of mifepristone and misoprostol to terminate a pregnancy. HB 0152 prohibits the use of medication abortion drugs in Wyoming except under the direct supervision of a licensed physician in a clinical setting. It bans the mail-order distribution of abortion-inducing drugs to Wyoming residents.
This law was also subject to a legal challenge. Its enforcement status should be verified against the last updated date on this page, as court decisions can affect implementation between legislative sessions.
Enforcement and Provider Penalties
Wyoming's abortion prohibition statutes include criminal and civil enforcement provisions directed at providers, not at patients.
Under the elective abortion ban, a physician or other person who performs or induces an abortion in violation of the statute is subject to felony prosecution. The statute specifies penalties including imprisonment and fines. Patients are expressly excluded from criminal liability under the current statutory framework.
Enforcement is contingent on the injunction status described above. As of this page's last updated date, the elective abortion ban remains enjoined and is not being enforced while litigation proceeds.
Legislative History: How Wyoming Got Here
Wyoming's approach to abortion law did not begin in 2022. The state has maintained statutory restrictions on abortion for decades, with the modern framework shaped by the following sequence:
1. Pre-*Dobbs* Baseline
Wyoming law prior to 2022 permitted abortion consistent with federal constitutional standards established under Roe v. Wade and Planned Parenthood v. Casey, including a viability framework. State law imposed informed consent requirements, waiting periods, and parental consent requirements for minors.
2. Dobbs and the Trigger Law (2022)
When the U.S. Supreme Court issued Dobbs in June 2022, Wyoming's trigger statute was designed to activate. Litigation filed in Teton County immediately challenged the trigger law, and a court order blocked its enforcement pending review.
3. The 2023 Legislative Session
The Wyoming Legislature passed two additional abortion-related statutes in 2023: the elective abortion prohibition (HEA 0099) and the medication abortion ban (HB 0152). Both faced immediate legal challenges. A preliminary injunction blocked enforcement of the elective abortion ban.
4. Constitutional Amendment (2024)
Wyoming voters ratified a constitutional amendment in November 2024 confirming that the Wyoming Constitution does not establish a right to abortion. This amendment is expected to be significant in the resolution of ongoing litigation challenging the 2023 statutes.
5. Current Status
Litigation in Teton County continues. The elective abortion ban remains enjoined. Wyoming Family Alliance monitors legislative and judicial developments and updates this page accordingly.
Pending Legislation and Active Court Challenges
Each Wyoming legislative session may produce new bills affecting abortion law, and court decisions can shift enforcement status between sessions. Wyoming Family Alliance tracks both through our Wyoming Family Bill Tracker.
Frequently Asked Questions About Wyoming Abortion Laws
Is abortion currently legal in Wyoming?
As of this page's last updated date, the Wyoming courts have issued a preliminary injunction blocking enforcement of the state's elective abortion ban. That means abortion remains accessible in Wyoming while litigation continues. The injunction is not a permanent ruling — it reflects the court's determination that the constitutional questions raised by the challenge require full review before the law can take effect.Does Wyoming law allow abortion in cases of rape or incest?
Yes. Wyoming's elective abortion prohibition includes an exception for pregnancies resulting from rape or incest, provided the crime has been reported to law enforcement before the abortion is performed. The reporting requirement is a condition of the exception — not a post-procedure obligation.Does Wyoming have a viability exception for abortion?
No. Wyoming's 2023 elective abortion prohibition does not include a viability-based exception. The statute's exceptions are limited to medical emergency, reported rape or incest, and lethal fetal anomaly. The pre-*Dobbs* viability framework was a federal constitutional standard, not a Wyoming statute — and it no longer applies following *Dobbs*.Can abortion pills be mailed to Wyoming residents?
Wyoming law prohibits the mail-order distribution of abortion-inducing drugs to Wyoming residents. The medication abortion ban (HB 0152) also requires that any use of medication abortion drugs occur under direct physician supervision in a clinical setting. This law has also faced legal challenge — its enforcement status should be verified against the last updated date on this page.What are the penalties for performing an illegal abortion in Wyoming?
Under Wyoming's elective abortion prohibition, a provider who performs an abortion in violation of the statute faces felony prosecution, including potential imprisonment and fines. The statute does not impose criminal liability on patients. Enforcement is currently suspended under the preliminary injunction.Where can I find the actual text of Wyoming's abortion statutes?
Wyoming statutes are publicly available through the Wyoming Legislature's official website. The primary statutes governing abortion in Wyoming are found in Wyoming Statute § 35-6-101 et seq. Wyoming Family Alliance also links to relevant bill text and session records through our Bill Tracker.
Stay Informed — and Stay Ready to Act
Wyoming's abortion laws are being decided right now — in the legislature and in the courts. The most effective thing a Wyoming citizen can do is stay current and show up when it matters. Wyoming Family Alliance's action alert network notifies you when pro-life legislation needs your voice, and our weekly Wyoming Family Advocate keeps you informed between sessions.
Wyoming Family Alliance is a Wyoming-based nonprofit organization committed to defending life, religious freedom, education, and family values through state policy advocacy and civic engagement. Our legislative monitoring team tracks every session of the Wyoming Legislature — the shortest in the country — and updates our resources accordingly. This page is maintained as a public education resource. It is not legal advice. For legal questions specific to your situation, consult a licensed Wyoming attorney.