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Restrictions on Young Women's Access to Abortion

Wyoming law restricts young women's access to abortion.

Is the law enforceable? Yes.

Who is considered a minor? A young woman under the age of 18 who is unmarried, who is not in active military service, and who has not lived independently and apart from her parents for more than six months.

What is required - parental notice or parental consent?  Both notice and consent.

Who must have knowledge and provide consent?  One parent.

Are there other trusted adults who may have knowledge and provide consent instead?  No.

What is the process for and providing notice and obtaining consent?  A young woman may not obtain an abortion until at least 48 hours after the attending physician gives notice in writing, personally, or by certified mail to one parent, and the attending physician has obtained the written consent of such parent.

May the parental mandate be waived if a young woman is a victim of rape or incest?  No.

May the parental mandate be waived if a young woman is a victim of child abuse?  No.

May the parental mandate be waived if a young woman's health is threatened?  No.

May the parental mandate be waived under any other circumstances?  Yes, the young woman may try to obtain permission from a judge.

If a young woman must obtain permission from a judge, what is the process?  She must secure a court order finding by clear and convincing evidence either that she is sufficiently mature and adequately informed to make her own decision or that an abortion is in her best interests.

Are there other significant requirements under the law?  No.

Has a court considered the constitutionality of this law?  No.

Other information about the law:  None.

Wyo. Stat. Ann. §§ 35-6-118 (Enacted 1989), -101(a)(x) (Original Statute Enacted 1977; Relevant Provision Enacted 1989).

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