Wyoming’s abortion ban has been blocked by a court. Doctors are still able to provide abortion services in the state.
No matter their age, every person in Wyoming has the legal right to get an abortion. Generally, abortions must be performed by {{viability}{viability is a medical term that means when a fetus could potentially survive outside of the womb, generally between 24-28 weeks}} unless the patient’s life or health is in danger. The only clinic in Wyoming performs abortions only up to 10 weeks.
Wyoming makes people under age 18 get written permission before having an abortion. That permission is called consent. Doctors are also required to tell a young person’s parent that they are going to have an abortion. This is called parental notification.
If you feel safe and want to involve a parent in your decision to have an abortion, one option is to talk to them about whether they will give you permission to get an abortion.
If you cannot or do not want to tell your parent or {{guardian}{A legal guardian has a court order stating that they have the legal authority and duty to care for a minor. This is different from a foster parent}}, or if they will not consent, you can go to court and ask a judge to allow you to get an abortion. This is called judicial bypass.
In Wyoming, you can get consent from your parent or {{legal guardian}{A legal guardian has a court order stating that they have the legal authority and duty to care for a minor. This is different from a foster parent}}. The clinic will send a letter to your parent or guardian at least 48 hours before the abortion is scheduled to tell them you are having the procedure and your parent/guardian can fill out a written consent form at the clinic. Only one parent or guardian needs to be notified and give consent. Call the clinic to get more information about what is required for consent.
If you are married or an {{emancipated minor}{An emancipated minor went through a legal process and has court order stating that they are freed from their parents and are legally an adult}}, you can get an abortion without involving a parent or getting a judicial bypass.
You can also get an abortion in a different state, please visit the judicial bypass wiki page for that state since the laws there may be very different from the laws in Wyoming.
If you cannot or do not want to involve your parent or guardian, or if they will not consent, you can go to court and ask a judge to allow you to get an abortion. This is called a judicial bypass.
Not everyone can involve their parent or {{guardian}{A legal guardian has a court order stating that they have the legal authority and duty to care for a minor. This is different from a foster parent}} in their decision to have an abortion. If you cannot or do not want to involve them, or if they will not consent, there is another option called a judicial bypass. A judicial bypass means asking a judge to allow you to get an abortion without involving your parent.
You do not need a lawyer, but this is a legal process that a lawyer could help you with. The court may be able to appoint one for you. You can reach out to the Repro Legal Helpline to get connected to a lawyer who will help you through the entire process, the Helpline website is here.
Your lawyer’s job is to represent you in court. That means they are there to help you ask for what you want. Even if the lawyer was given to you by the court, it is your lawyer’s job to help you ask the court for what you want.
- If you are a young person who needs a judicial bypass and need an attorney to help you with the process, you can contact the Repro Legal Helpline for legal assistance and we will try and connect you with an attorney.
- You also have the option to start the judicial bypass process on your own. You can start by calling the clinic in the state and say you are a young person who needs a judicial bypass.
555 E Broadway, Suite 108, Jackson, Wyoming
307-734-1313
Clinics can tell you more about the process and answer your questions.
3. You will need to file a {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}} in a district court. The petition form must include the following information:
- Your initials and date of birth
- The names and addresses, if you know them, of your parents, guardian, or the person who has custody of you.
- If your parents are no longer living and you do not have a guardian then include the name and address of any other person standing {{in loco parentis}{In loco parentis means an adult is taking care of you like a parent would, even though they are not your actual parent. Unlike a legal guardian, this adult may not have an official order from the court saying that they have a duty to care for you}} of you
- A confirmation that your doctor talked to you about the risks and consequences of an abortion
- Statement saying that you are mature and wish to have an abortion
- Any information that explains why you think it is best to have an abortion
You can contact a district {{court clerk}{A clerk is someone who works for the court, they are the ones that usually accept forms and schedule meetings with the judge}} for more information. You can find a directory of the district courts in Wyoming here.
The court may also assign you a {{guardian ad litem}{A guardian ad litem is not the same as a lawyer. A lawyer is someone who is supposed to help you get the result you want from the court. A guardian ad litem on the other hand, is assigned by the court to tell them what they think is the best result for you. This might be different from what you want}}.
After you file your petition, the judge has 5 days to schedule a {{hearing}{a hearing is a meeting with a judge}}, and up to 24 hours after the hearing to make a decision.
- You also can go to a clinic outside of the state where you live. If that is the decision you make, please go to the judicial bypass wiki page for that state to learn about its abortion restrictions, which could be very different from Wyoming.
The {{hearing}{a hearing is a meeting with a judge}} will happen in an office or in a {{closed courtroom}{A closed courtroom means that no one will be allowed in other than you, your attorney, the judge, and a clerk}}. The judge will ask you questions to learn more about you. Since every judge is different, we cannot know exactly what they will ask you, but the judge is trying to decide whether you seem mature enough to make the decision to have an abortion without involving a parent.
Judges can ask your age, whether you have had a job, if you have lived away from your parents, if you have traveled by yourself, if you have your own money and know what a budget is, what plans you have for the future, and whether you have made other big decisions in your life. The judge might also ask what has happened since you found out you were pregnant, what you think will happen if you don’t have an abortion, and what you did to decide you wanted or needed an abortion. The judge might ask you why you want or need an abortion.
A judge might also ask questions that are not listed here, but it is a good idea to start thinking about what your answers are to these questions so you are ready if the judge asks. Your lawyer can help you with this. And you can find more information about what judge’s might ask you here.
After the hearing, the judge must make a decision within 24 hours about whether you can make the decision to have an abortion without your parent’s consent. If you do not go to court to talk to the judge at the time you are scheduled to be there, the judge could automatically decide that you cannot get an abortion without getting consent from your parent.
If you think you cannot make it to the hearing, but still want the judicial bypass, you can ask for a different time to talk to the judge. If you have a lawyer, ask your lawyer about changing the time. If you don’t have a lawyer, call the court and tell them you have a time scheduled to talk to the judge but need a {{different time}{The person at the court who you speak with might call this a continuance}}.
After the {{hearing}{a hearing is a meeting with a judge}}, the judge decides whether they think you are {{mature and well-informed}{the judge thinks you can make the decision to get an abortion without talking to your parent first}} enough to make this decision on your own, or if it’s in your {{best interest}{judge thinks it would be better for you not to talk to your parents}} not to tell your parent.
If the judge makes a decision and agrees that you can get an abortion, you will get an {{order}{official paper that shows the judge’s decision}} from the court. This order is what you will need to take to the clinic to show that you have permission from the court to get an abortion.
To protect your privacy, you can ask court/attorney to send a copy of the court order directly to the clinic for you.
No. The judicial bypass is confidential, which means that no one outside of the court will be told about it. When you send in your application to get a bypass, you can ask that your parent or guardian not be told about the {{hearing}{a hearing is a meeting with the judge}}.
No, if you are granted a judicial bypass that means you can get an abortion if you want. It does not mean you are required to and you can always change your mind. The court {{order}{official paper to give to the clinic to show them that you have a judicial bypass}} just means you can make the decision about whether you want or need an abortion without involving your parent/guardian.
If the judge says you cannot get an abortion without your parent’s permission, you can {{appeal}{An appeal is what happens when you do not agree with the judge’s decision and want to try and challenge that decision in court}} the decision. So even if the judge tells you no, you can ask another court with different judges to make a different decision.
If you had a lawyer for the {{hearing}{a hearing is a meeting with a judge}}, they can talk to you about the appeal and help you understand what you need to do next. If you did not have a lawyer for the hearing, you will need to ask the court to give you a lawyer for the appeal. The court must make a decision on your appeal as quickly as possible.
You may also decide to get an abortion from a different state that does not have a law that requires you to involve your parent.
You do not have to pay any money to get a judicial bypass. You might be able to get help paying for your abortion by contacting the local abortion fund:
Chelsea’s Fund (formerly known as Women for Women) at (307) 438-9272 or visit their website here.
There is currently one clinic providing abortion in Wyoming
Women’s Health and Family Care
555 E Broadway, Suite 108, Jackson, Wyoming
307-734-1313
You can use these directories to find an abortion clinic in another state, be sure to visit the judicial bypass wiki page for each state as their laws may be very different from the law in Wyoming.
Some clinics may have limited service or hours
Planned Parenthood: Directory Here (make sure you select abortion in the services drop down menu)
National Abortion Federation: Directory Here
Abortion Care Network: Directory Here
I Need An Abortion: Directory Here