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.

Wyoming State Seal_II

Is Gestational Surrogacy Legal in Wyoming?

YesWyoming’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.  

Is Traditional Surrogacy Legal in Wyoming?

YesWyoming surrogacy laws do not distinguish between traditional and gestational surrogacy; similar to gestational surrogacy, traditional surrogacy is neither authorized nor prohibited in this state.

Is Compensated Surrogacy Legal in Wyoming?

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.

Creating a Wyoming Surrogacy Contract

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: 

  • The rights and responsibilities of each party
  • Any potential risks and liabilities and the steps to take should they occur
  • Surrogate compensation and other financial information,like surrogacy insurance 
  • Agreements on sensitive issues like selective reduction and termination
  • Contact expectations
  • And more

Only after this contract is finalized will fertility clinics and medical professionals begin the medical process of surrogacy. 

Determining Legal Parentage in Wyoming

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.


Same-Sex Surrogacy in Wyoming

Q: Is Same-Sex Surrogacy Legal in Wyoming?
A: Yes. WY Stat 14-2-403(d) neither permits nor prohibits surrogacy so it is presumed to be legal for all individuals.  

 Q: Are There any Additional Laws Impacting Same-Sex Parenting in Wyoming?
A: No. There are no additional laws impacting same-sex parents in this state.


Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable 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. 

Q: Are There Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Wyoming?

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.

Q: When do Intended Parents Need to Complete an Adoption After Birth?

A: It is unclear whether second-parent adoptions are permitted; however, it is clear that stepparent adoptions are permitted.

Q: Does Wyoming Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?

A: It is unclear whether second-parent adoptions are permitted; however, it is clear that stepparent adoptions are permitted. 

Q: What Happens in Cases Where Intended Parents use a Donor Egg, Sperm or Embryo?

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, or embryo.


Lauren Brown
Jackson, WY
(307) 264-1880

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