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In Wyoming

After Roe, abortion is illegal in most circumstances. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state. Then, keep reading to find out more about your state’s post-Roe abortion laws.

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THE BIG QUESTION

After Roe, does my state ban nearly all abortions or allow nearly all abortions?

Wyoming has a trigger law that bans nearly all abortions now that Roe is overturned; unfortunately, that law has been enjoined pending hearings before the Wyoming Supreme Court. Read more about Wyoming’s legal restrictions on abortion below.

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WHAT’S NEXT

What is my state’s next step in the fight for life, now that Roe is overturned?

Wyoming passed a trigger law virtually eliminating abortion. Sadly, at the last minute, a provision allowing for abortion in cases of rape and incest was added. We are now working to address that issue as we move into the future of an After Roe nation.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws are in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Wyoming passed a “trigger law” banning all abortions now that Roe v. Wade is overturned. Wyo. Stat. Ann. § 35-6-123.

 

Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: The trigger law ban includes an exception for when the abortion is necessary to preserve the mother from “a serious risk of death” or a serious and permanent impairment of the mother’s life-sustaining organ,” or when the pregnancy resulted from incest or sexual assault. Wyo. Stat. Ann. § 35-6-124.

 

Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the trigger law are punishable by up to 5 years’ imprisonment and a fine of $5,000–20,000. Wyo. Stat. Ann. § 35-6-125.

Violations are also considered unprofessional conduct, and the physician’s or person’s license to practice in Wyoming shall be immediately revoked. Wyo. Stat. Ann. § 35-6-126.

 

Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

A mother upon whom an illegal abortion is performed may maintain an action for actual and punitive damages, in addition to $10,000 in statutory damages.

A mother, the mother’s parents (if she is a minor), a district attorney with proper jurisdiction, or the attorney general may maintain an action for injunctive relief for violations of the trigger law. Wyo. Stat. Ann. § 35-6-127.

 

Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.

 

Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

No.

 

Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: Hospitals, clinics, institutions, and private facilities are not required to admit patients for abortions or allow abortions to be performed in their facilities. They must notify prospective patients. Wyo. Stat. Ann. § 35-6-129.

No person may be required to participate in or perform an abortion.  Wyo. Stat. Ann. § 35-6-130.

 

Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No.

 

Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes: Physicians must be licensed in the state in order to perform abortions. Wyo. Stat. Ann. § 35-6-124.

 

Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

No.

 

Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

No.