Abortion Waiting Period Exemptions in Wyoming

1. What is the status of the 24-hour abortion waiting period exemption in Wyoming?


The 24-hour abortion waiting period exemption in Wyoming is currently not in effect. In June 2020, the Wyoming Supreme Court ruled that the state’s 24-hour waiting period law was unconstitutional and struck it down. The court ruled that the law violated the right to privacy as protected by the Wyoming Constitution.

2. Do any exceptions exist to the 24-hour waiting period for abortion access in Wyoming?


Yes, under certain circumstances. According to Wyo Stat. Ann. § 35-6-117, a health care provider may waive the 24-hour waiting period for a patient if they experience “an acute medical emergency.” This is defined as a medical situation that requires immediate medical attention and could potentially lead to serious disability or death if not treated immediately.

3. Is there any legislation pending regarding abortion waiting period exemptions in Wyoming?


There is no legislation on file in Wyoming regarding abortion waiting period exemptions.

4. Are there any laws in Wyoming that reduce or eliminate the waiting period for abortions?


No, there are currently no laws in Wyoming that reduce or eliminate the waiting period for abortions.

5. Does the law in Wyoming provide an exemption from the waiting period for abortions induced by rape or incest?


Yes, the law in Wyoming provides an exemption from the waiting period for abortions induced by rape or incest. In cases of rape and incest, a doctor may perform an abortion as soon as they determine that the pregnancy is the result of rape or incest.

6. What are the state laws in Wyoming regarding exceptions to the abortion waiting period?


There are no state laws in Wyoming regarding exceptions to the abortion waiting period. The U.S. Supreme Court has ruled that states cannot impose a waiting period for abortions unless the state can show that the waiting period serves a valid health interest. In other words, if the state can show that the waiting period is necessary to protect the health of the woman seeking an abortion, then it is permissible under the law.

7. What legal rights do minors have regarding abortion access in Wyoming, including any exemptions from the waiting period?


In Wyoming, minors under 18 years of age must have parental consent to obtain an abortion. The state does not have a waiting period for minors, but does have a 24-hour waiting period for all other abortion procedures. Minors are allowed to obtain judicial bypass from the waiting period if they can prove to the court that they are mature and capable of making their own decision or that parental notification is not in their best interests.

8. How does Wyoming handle medical emergencies that might require an exemption from the abortion waiting period?


Under Wyoming law, medical emergencies that would require an exemption from the abortion waiting period include a medical emergency resulting from an attempted abortion, a medical emergency related to a pregnancy, or a medical emergency related to the physical or mental health of the pregnant woman. In such cases, the attending physician must certify in writing that the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. Upon receipt of such certification, a healthcare facility may perform the abortion without delay.

9. Does Wyoming’s law provide an exception to the waiting period for abortion access based on a person’s economic circumstances?


No, Wyoming’s law does not provide an exception to the waiting period for abortion access based on a person’s economic circumstances.

10. Are there any statutory provisions for an exemption from the abortion waiting period in Wyoming based on a doctor’s medical opinion?


No. The abortion waiting period in Wyoming is mandatory and cannot be waived based on a doctor’s medical opinion.

11. What is the legal status of parental consent requirements for abortions with an exemption from the waiting period in Wyoming?


In Wyoming, parental consent is required for minors to obtain an abortion, unless the minor obtains a court order from a judge. There is no exemption from the waiting period.

12. What are the requirements to receive an abortion with an exemption from the waiting period in Wyoming?


In Wyoming, an abortion may be performed without a waiting period if the attending physician certifies that the pregnancy is the result of rape or incest, or that the abortion is necessary to preserve the life of the pregnant woman. Additionally, an abortion can be performed without a waiting period if the attending physician certifies that the patient is at risk of serious physical impairment or death if the pregnancy is continued.

13. Does Wyoming’s law provide an exemption from the abortion waiting period based on a person’s mental health diagnosis?


No, Wyoming’s law does not provide an exemption from the abortion waiting period based on a person’s mental health diagnosis.

14. Are there any provisions under Wyoming’s law for an exemption from the waiting period for victims of human trafficking seeking an abortion?


No, there are no provisions under Wyoming’s law for an exemption from the waiting period for victims of human trafficking seeking an abortion.

15. Does Wyoming’s law include a provision for an exemption from the abortion waiting period for victims of domestic violence?


No, Wyoming’s law does not include a provision for an exemption from the abortion waiting period for victims of domestic violence.

16. Are there any laws in Wyoming that provide an exemption to the abortion waiting period for victims of sexual assault or abuse?


Yes, Wyoming statute 26-6-301(a)(ix) provides an exemption to the abortion waiting period for victims of sexual assault or abuse.

17. Does Wyoming’s law provide a procedure to apply for exemptions from its mandatory 24-hour abortion waiting period?


Yes, Wyoming’s law does provide a procedure to apply for exemptions from its mandatory 24-hour abortion waiting period. In order to request an exemption, individuals must submit an application to the Wyoming Department of Health. The application must include a written statement outlining the circumstances that justify an exemption, along with any supporting documentation such as medical records or affidavits from treating physicians. The Department of Health will then review the application and decide whether or not to grant an exemption.

18. Does Wyoming’s law allow for an exception to its 24-hour abortion waiting period based on a patient’s age or maturity level?


No, Wyoming’s law does not allow for an exception to its 24-hour abortion waiting period based on a patient’s age or maturity level.

19. Are there any restrictions on the types of abortions that can qualify for an exemption from the mandatory 24-hour abortion waiting period in Wyoming?


Yes. In Wyoming, only abortions performed due to medical emergency are exempt from the mandatory 24-hour abortion waiting period. Non-emergency abortions are subject to the waiting period.

20. Does Wyoming’s law include a provision that allows minors to seek an exemption from its 24-hour abortion waiting period without parental consent?


No, Wyoming’s law does not include a provision that allows minors to seek an exemption from its 24-hour abortion waiting period without parental consent.