Wyoming Surrogacy: Laws & Complete Guide
General Surrogacy context in Wyoming
In the Wyoming Surrogacy Guide, SurrogateFirst compiles the latest available information from official sources to answer key questions, including:
- Is gestational and traditional surrogacy legal in Wyoming?
- What specific surrogacy requirements apply in Wyoming, if any?
- What must be included in a legally valid Wyoming surrogacy contract?
- What factors influence the cost of surrogacy in Wyoming, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Wyoming compared to other states?
- How friendly is LGBTQ+ surrogacy in Wyoming?
Is Surrogacy Legal in Wyoming?
Statutory & case-law breakdown In Wyoming
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.
Is Gestational Surrogacy Legal 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.
Is Traditional Surrogacy Legal in Wyoming?
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.
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.
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Wyoming
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Wyoming
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Wyoming?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Wyoming
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.
Most Common FAQ about surrogacy in Wyoming
Below is a list of some of the most frequently asked questions about surrogacy in Wyoming:
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, sperm, or embryo.
Same Sex surrogacy in Wyoming
Is Same-Sex Surrogacy Legal in Wyoming?
Yes. WY Stat 14-2-403(d) neither permits nor prohibits surrogacy so it is presumed to be legal for all individuals.
Are There any Additional Laws Impacting Same-Sex Parenting in Wyoming?
No. There are no additional laws impacting same-sex parents in this state.
Surrogacy Agencies & Legal Professionals in Wyoming
Looking for a Surrogacy Agency in Wyoming?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Wyoming as your surrogacy agency.
Find out more about how SurrogateFirst can support in Wyoming here:
Looking for a surrogacy attorney in Wyoming, Jackson?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Wyoming, provided for informational purposes.
Lauren Browne
Jackson, WY
lauren@mannenbrowne.com
Visit Mannen Browne Law for more details
(307) 733-7424
Need some help with Legal Aspects of surrogacy in Wyoming?
What is the Surrogacy Process in Wyoming?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
