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STATE SURROGACY LAW:

Wyoming Surrogacy Laws

Overview

Surrogacy, either gestational or traditional, is neither permitted nor prohibited by WY Stat § 14-2-403(d). WY Stat § 14-2-901 et seq touches on ART procedures. However, any discussion of surrogacy in Wyoming is theoretical at this time; there are no known petitions for parentage orders to date in Wyoming.

The only surrogacy-related parentage orders have occurred when Vital Records honored an out-of-state pre-birth order from the Intended Parents’ home state. In this case, a birth certificate was issued naming them as legal parents. However, the Intended Parents were a married, heterosexual couple, so it is difficult to extrapolate how other cases might proceed in Wyoming. 

Types of Surrogacy Available in Wyoming

Can a parentage order be obtained by the following?

Wyoming does not distinguish between gestational and traditional surrogacy in its statutes. 

Gestational surrogacy

UNKNOWN

Commercial surrogacy

UNKNOWN

Traditional surrogacy

UNKNOWN

Altruistic surrogacy

UNKNOWN

Parentage

There currently isn’t enough data on Wyoming surrogacy rulings to assess what potential Intended Parent(s) might anticipate in their process. 

Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections 💚
One Genetic Connection
No Genetic Connections
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections 💚
One Genetic Connection
No Genetic Connections
Show Court Parentage Order Collapse

💚 – Both Intended Parent(s) can be named on the parentage order.

💛 – Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother or Parent.

Rights of Egg or Sperm Donor(s)

According to WY Stat § 14-2-902, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child. 

Surrogacy Steps in Wyoming

Surrogacy Process in Wyoming

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations at the fertility center

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Delivery and birth certificate finalization

Post-birth order

Birth Certificate Timeline

Birth certificate

UNKNOWN

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

It is unknown whether surrogacy contracts in Wyoming would be recognized and enforced by the state. 

Independent Counsel

Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Wyoming has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys. 

Birth Orders

Do courts issue pre-birth orders?

UNCLEAR

Do courts issue post-birth orders?

UNCLEAR

Are hearings required to obtain either pre- or post-birth orders?

UNCLEAR

Wyoming statute W.S. § 14-2-811 allows for parentage proceedings to begin prior to a child’s birth, but the process does not conclude until after the child is born. 

Bases of Venue

What are the bases of venue?

UNKNOWN

Do rulings vary by venue?

UNKNOWN

Can you file a motion to waive venue?

UNKNOWN

International Issues

Between Wyoming’s lack of ART resources and lack of experience providing parentage orders, Wyoming may be a challenging location for international Intended Parent(s) to build their family. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It is imperative the international Intended Parent(s) speak with an experienced attorney in their home country about the facts of their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.  

Residency Requirements

Does Wyoming have any residency requirements for out-of-state or International Intended Parents?

UNKNOWN

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

UNKNOWN

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

UNKNOWN

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

UNKNOWN

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

To be added

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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