March 2023 Update
Proposals restricting access to reproductive care
Taxes, religious freedom, and additional out-of-the-box proposals
Banning Medication Abortion
as of July 2022
Trigger Law Statutory Cite(s)
§ 35-6-102. Abortion restrictions; exception
§ 35-6-117. Use of appropriated funds for abortion prohibited; exceptions
The trigger law only repeals two sections of the Abortion chapter.
Does this law have a potential impact on IVF/Reproductive medicine?
Why or why not?
- This bill will likely have no impact on IVF and ART services prior to establishment of a pregnancy.
- In Wyoming, abortion is specifically related to a pregnant woman who intends to terminate their pregnancy.
- Pregnancy requires a human embryo to be inside a woman as a result of conception. Actions regarding an embryo that is not within a pregnant woman’s body would likely not be considered violating this law.
- The statute does define “conception”, but the term is used only in the context of defining “pregnant” and the prohibition is limited to abortion of a pregnancy.
Does this law explicitly reference IVF, assisted reproductive technology or reproductive medicine?
Are there any penalties in this law that could apply to ART procedures?
- “Abortion” means an act, procedure, device or prescription administered to or prescribed for a pregnant woman by any person with knowledge of the pregnancy, including the pregnant woman herself, with the intent of producing the premature expulsion, removal or termination of a human embryo or fetus, except that in cases in which the viability of the embryo or fetus is threatened by continuation of the pregnancy, early delivery after viability by commonly accepted obstetrical practices shall not be construed as an abortion.
- “Conception” means the fecundation of the ovum by the spermatozoa.
- “Pregnant” means that condition of a woman who has a human embryo or fetus within her as the result of conception.
Do the definitions/terms of the trigger law apply to other areas of state code?
What is the “trigger” for this law to take effect?
- Five days after the date that the Governor, on advice of the Attorney General, certifies to the Secretary of State that the Supreme Court of the United States has overruled Roe v. Wade; or
- Has otherwise authorized the enforcement of this subsection in accordance with that decision and without violating any conditions, rights, or restrictions recognized by the Supreme Court.
Key provisions: What does the law prohibit and when does it apply?
- An abortion should not be performed except when necessary to:
- (1) prevent serious risk of death or of substantial and irreversible impairment of bodily function, not for psychological or mental conditions; or
- (2) pregnancy is a result of incest or sexual assault.
- No state appropriated funds are to be used for an abortion unless one of the exceptions applies.
- Anyone that violates W.S. § 35-6-102 is guilty of a felony that is punishable for not more than 14 years.