Gestational Surrogacy Regulations in Wyoming

Overview

Gestational Surrogacy is generally permitted in Wyoming. WY State 14-2-403(d) neither permits nor prohibits surrogacy. Surrogacy in Wyoming is rare due to practical considerations.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
Yes*
*there shall be no discrimination based on marital status in Wyoming. However, it may be easier to get a court order if the Intended Parents are married.
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Vermont, there is basis for venue in Wyoming.

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes*
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
No
*as long as single Intended Parent is genetically related to the child, a sperm or egg donor may be used.

Birth of Child

Birth in Wyoming:
Yes
Birth outside of Wyoming:
Yes

There is insufficient data to determine how a Wyoming court may rule on a parentage order. A proceeding to determine parentage of a child may be commenced before parentage, but a final order may not be issued until after the child’s birth.

Parentage

Pre-Birth Orders:
No
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Wyoming Vital Records honor a Pre-Birth Order from another state:
Yes* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)
What is the typical time frame to obtain a birth certificate after delivery:
2-4 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)

Second Parent and Stepparent Adoptions for Wyoming Residents:

This situation typically arises if the child is born outside of Wyoming. The parents then return to Wyoming to obtain a second parent adoption or stepparent adoption in Wyoming. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Wyoming?

Traditional Surrogacy is neither authorized nor prohibited in Wyoming. Please consult with a local attorney to determine if you can move forward with traditional surrogacy.
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.