WY Stat 14-2-403(d) neither permits nor prohibits surrogacy. However, there is insufficient data to determine how a Wyoming court may rule on a parentage order or on what prospective intended parents may anticipate in their surrogacy process. As a result, surrogacy is rare in Wyoming.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Wyoming, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Wyoming.
Yes. Wyoming’s Parentage Act does not authorize or prohibit Gestational Surrogacy (WY Stat § 14-2-403(d)) so it is considered legal. However, due to the lack of data on surrogacy, surrogacy cases are up to judicial review on a case-by-case basis.
Yes. Wyoming surrogacy laws do not distinguish between traditional and gestational surrogacy; similar to gestational surrogacy, traditional surrogacy is neither authorized nor prohibited in this state.
There are no surrogacy laws in Wyoming that indicate compensated surrogacy is illegal, so it’s presumably possible for surrogates in Wyoming to receive base compensation for their services. This would likely vary on a case-by-case basis.
Wyoming does not have a statutory rule on what needs to be included in a surrogacy contract and there are no specific guidelines for when a judge may uphold the validity of a surrogate agreement. That said, creating a surrogacy contract will be similar to creating a surrogacy contract in any other state. Both intended parents and their surrogate must be represented by separate surrogate attorneys to ensure both parties’ rights and interests are protected. These attorneys will negotiate a contract that addresses at least the following:
Only after this contract is finalized will fertility clinics and medical professionals begin the medical process of surrogacy.
There are no surrogacy laws in Wyoming regarding parentage orders and there are no published cases that can be used to determine what intended parents might anticipate throughout their surrogacy process. However, the state vital records office honored a pre-birth parentage order from another state where intended parents completed a surrogacy. Because of the unknowns associated with surrogacy in Wyoming, intended parents should contact an experienced surrogate attorney before beginning their journey.
Below is a list of some of the most frequently asked questions about surrogacy in Wyoming:
A: Since Wyoming does not have a statutory rule on this, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement.
A: No. There are no particular laws for parents outside the United States who complete a surrogacy in Wyoming. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: It is unclear whether second-parent adoptions are permitted; however, it is clear that stepparent adoptions are permitted.
A: It is unclear whether second-parent adoptions are permitted; however, it is clear that stepparent adoptions are permitted.
A: There is one state statute, WY Stat § 14-2-902, that states, “A donor is not a parent of a child conceived by means of assisted reproduction.” The statute does not distinguish between egg donors and sperm donors. It is important to speak with a surrogacy attorney to determine if there are any additional legal steps to take when using a donor egg, sperm, or embryo.
Yes. WY Stat 14-2-403(d) neither permits nor prohibits surrogacy so it is presumed to be legal for all individuals.
No. There are no additional laws impacting same-sex parents in this state.
Lauren Browne
Jackson, WY
lauren@mannenbrowne.com
https://mannenbrowne.com/
(307) 733-7424
