Wyoming Abortion Laws: What’s Legal After the 2026 Rulings

Abortion is legal in Wyoming up to fetal viability, the point at which a fetus can survive outside the womb. A six-week “heartbeat” ban passed in 2026 is blocked by a court order, and the Wyoming Supreme Court struck down the state’s two earlier bans on January 6, 2026.

After a court blocked the heartbeat law, a backup rule in the same bill took effect. It bars abortion after viability, with a narrow exception for imminent danger to the woman’s life or health.

What Wyoming Law Allows

Wyoming allows abortion before viability and prohibits it afterward, except when a woman faces an imminent peril that substantially endangers her life or health. That standard comes from Article 5 of House Bill 126 (Enrolled Act No. 29), codified at W.S. 35-6-501 through 35-6-510.

Viability is a medical judgment, not a fixed week count. It is usually around 24 weeks. The act defines it as the stage of development at which the fetus can live outside the mother’s womb, with or without life-supportive systems.

Article 5 also does several other things:

It bars a physician from intentionally ending the fetus’s viability before, during, or after an abortion.
It requires the same care for a viable infant who survives an abortion as for any other live-born infant.
It makes violations felonies, including performing an abortion without a physician’s license.
It sets procedures for abortions on minors.

It also requires the physician or a designee to tell the patient she can view an active ultrasound and hear the fetal heartbeat if one is audible (W.S. 35-6-508). The statute exempts procedures meant to save the patient’s life, remove a dead fetus, or treat an ectopic pregnancy. It does not say the patient has to view or listen.

How the Viability Limit Got Triggered

Article 5 was written as a fallback. The text says it takes effect only if a court enjoins the heartbeat provisions in Article 4 or holds them unconstitutional.

That happened on April 24, 2026, when a Natrona County judge blocked Article 4. The act then required the attorney general to review the ruling and the governor to certify the backup article. Gov. Mark Gordon certified it on May 1, 2026, and the act sets the effective date at five days after the Secretary of State receives the certification.

Hand-drawn diagram showing four steps from the Heartbeat Act signing to the viability standard taking effect

The Human Heartbeat Act: A Six-Week Ban That Is on Hold

The Human Heartbeat Act prohibits abortion once a “detectable fetal heartbeat” exists, which usually means around the sixth week of pregnancy. Gov. Gordon signed it March 9, 2026, and it took effect immediately.

The definition is in W.S. 35-6-401: “cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart,” detectable with standard medical equipment inside the gestational sac.

The Rule Applies Even When No One Checks

The act does not only ban abortion after a heartbeat is found. Under W.S. 35-6-402, a provider must first determine whether a heartbeat is detectable, using standard medical practice and an ultrasound if needed. Skipping the check is itself a violation.

The only exception in W.S. 35-6-403(b) is a medical emergency, judged by reasonable medical judgment. The act has no exception for rape or incest, a gap Gordon cited when he signed it.

Penalties Under the Heartbeat Act

An intentional or knowing violation is a felony punishable by up to five years in prison, a fine of up to $10,000, or both (W.S. 35-6-404). A violation also counts as unprofessional conduct, and the nursing, pharmacy, and medical boards must revoke the license of anyone convicted. The act amends W.S. 33-21-146, 33-24-122, 33-26-402, and 33-26-508 to require that.

Ultrasound machine in a dimly lit exam room

Why a Judge Blocked It

Natrona County District Judge Dan Forgey issued a temporary injunction April 24, 2026. He found the providers who sued had shown a likely win on the merits under the Wyoming Constitution and that they faced irreparable harm. WyoFile reported that the order stays in place while the lawsuit proceeds.

Bloomberg Law reported that the judge pointed to harms that money could not repair later, including invasive early ultrasounds and a block on telehealth pregnancy care. The injunction covers Article 4 only. It does not reach the viability article.

The ban did change care while it was in force. Wellspring Health Access, the state’s only procedural abortion clinic, said its patient load fell by half or more in March 2026 as it referred patients out of state. If you are weighing care across state lines, our guide to Utah abortion laws explains what is allowed there.

Why Wyoming Courts Keep Striking Down Abortion Laws

The reason is Article 1, Section 38 of the Wyoming Constitution, which voters approved in 2012. It guarantees each competent adult the right to make his or her own health care decisions, and it directs the state to protect that right from undue government infringement.

The amendment was aimed at the federal Affordable Care Act. Abortion opponents in the Legislature backed it, and the courts have since applied it to abortion.

In State v. Johnson, 2026 WY 1, the Wyoming Supreme Court ruled 4-1 that the choice to end or continue a pregnancy is a protected health care decision. It treated the right as fundamental, so any restriction faces strict scrutiny: the state must prove a compelling interest and a narrowly tailored law.

The court struck down the 2023 Life is a Human Right Act and the 2023 medication abortion ban, which would have been the first explicit abortion-pill ban in the country. Chief Justice Lynne Boomgaarden wrote the majority opinion. It affirmed a November 2024 ruling by Teton County District Judge Melissa Owens. For another example of how courts and lawmakers have shaped access, see our guide to Arizona abortion laws.

The state asked for rehearing on January 20. The court denied it on February 18, 2026 and sent the case back to the district court.

The dissent is narrow. It would have read the amendment to allow reasonable and necessary restrictions, and it would have reached the same result because the state did not meet its burden of proof.

Which Wyoming Abortion Laws Are Enforceable?

Of seven recent restrictions, only the viability article is enforceable. The rest are struck down or blocked, as the table shows.

Law	What it did	Status
Life is a Human Right Act (2023)	Near-total ban	Struck down Jan. 6, 2026
Medication abortion ban (2023)	Banned abortion pills	Struck down Jan. 6, 2026
HB 126, Article 4 (2026)	Six-week heartbeat ban	Blocked Apr. 24, 2026, pending trial
HB 126, Article 5 (2026)	Ban after viability	Not blocked
HB 42 (2025)	Surgical-center rules for clinics	Struck down June 12, 2026
HB 64 (2025)	Ultrasound and 48-hour wait	Struck down June 12, 2026
HB 164 (2025)	Limits on off-label pill use	Struck down June 12, 2026

Chart listing which Wyoming abortion laws are struck down, blocked, or in effect

The June 2026 Ruling on the 2025 Laws

Retired District Judge Thomas T.C. Campbell granted summary judgment on June 12, 2026, and permanently blocked three 2025 laws. WyoFile’s account says he found the state offered no evidence that a waiting period serves any purpose and no proof that the surgical-center rules protect patients.

The ruling made permanent what had been temporary. Campbell had paused the clinic and ultrasound laws in April 2025, which let Wellspring reopen after a pause of nearly two months. House Speaker Chip Neiman, who sponsored two of the laws, said he expected the state to appeal.

Could the Law Change Again?

Yes, through three routes: a trial verdict on the heartbeat law, an appeal of Campbell’s ruling, or a constitutional amendment. The injunction on the heartbeat law is temporary, so a trial on the merits will decide whether Article 4 survives.

Gov. Gordon called for a constitutional amendment the day Johnson was decided, saying voters could settle the question. A proposed amendment failed in the Senate during the 2026 budget session, so no abortion measure was put to voters that year. Any future amendment needs two-thirds of each chamber, then a majority of voters.

The attorney general, former Wyoming Supreme Court Justice Keith Kautz, argued in the heartbeat case that a heartbeat marks the point where there is a life to protect. Gordon signed the bill but called it a “well-intentioned but likely fragile legal effort.”

Where to Get Care and Information in Wyoming

Wellspring Health Access in Casper is the state’s only procedural abortion clinic. Two providers in Jackson offer medication abortion, according to WyoFile’s reporting. Wellspring also says it offers medication abortion by telemedicine.

Whether a pregnancy is before or after viability decides which rule applies, and a physician makes that call. If you are close to the limit, ask the provider directly what gestational age they can treat, since clinics set their own cutoffs. Wellspring lists procedural care through 23 weeks and 6 days.

Frequently Asked Questions

Is abortion legal in Wyoming?

Yes, until fetal viability. After viability it is banned except when necessary to prevent imminent peril that substantially endangers the woman’s life or health (W.S. 35-6-502 and following).

Is there a six-week abortion ban in Wyoming?

Wyoming passed one, the Human Heartbeat Act, but a Natrona County judge blocked it April 24, 2026. The block lasts until the court decides the case on its merits.

Are there exceptions for rape or incest?

The Heartbeat Act has none, only a medical emergency exception. The viability article’s exception is for danger to the woman’s life or health, so abortion before viability is lawful without a stated reason.

What are the penalties for violating the Heartbeat Act?

Up to five years in prison, a fine of up to $10,000, or both, plus mandatory loss of the provider’s license. The injunction stops enforcement of those penalties while it stands.

Is there a waiting period or ultrasound requirement?

No. The 48-hour wait and ultrasound requirement in HB 64 were struck down June 12, 2026. The viability article only requires that patients be told they may view an ultrasound and hear a heartbeat if audible.

Can abortion pills be prescribed in Wyoming?

Yes. The 2023 pill ban was struck down January 6, 2026, and the 2025 off-label restriction was struck down June 12, 2026.