Surrogacy in Wyoming

Gestational Surrogacy in Wyoming

Historically, gestational surrogacy was practiced in Wyoming pursuant to Wyoming statute§ 14-2-403(d) which “does not authorize or prohibit” gestational surrogacy agreements. In 2021, house bill 73 titled “Birth Certificates-Gestational Agreements” was passed, which legalizes and regulates gestational carrier agreements. However, the law only allows for coupled intended parents who have lived in Wyoming for at least a year to be placed on the birth certificate. Additionally, compensation is limited to expenses related to prenatal care, delivery of the child, and any other costs including the cost of lost opportunity that are directly connected to the pregnancy (WY Stat. §35-1-401(xiv)).

ConceiveAbilities does not traditionally accept gestational carriers from Wyoming barring a unique circumstance where the residency requirements would be satisfied.

Understanding Surrogacy Laws in Wyoming

Wyoming’s parentage process is both pre- and post-birth. Under Section 14-2-811 of Wyoming law, 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.

Legal Parentage  

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Wyoming Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Wyoming Surrogacy Law

Do You Need a Medical Need for Surrogacy in Wyoming?

Although there is no specific law on this, It is best practice to only pursue surrogacy in Wyoming if you have a medical need. This means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Wyoming law explicitly provides that there shall be no discrimination based on marital status. However, practice has shown that married intended parents are preferable.

Do Intended Parent(s) need a genetic connection to the embryo?

In Wyoming, it is preferred that both intended parents have a genetic connection to the embryo however this is not explicitly required in the statute.

Can International Intended Parent(s) Pursue Surrogacy in Wyoming?

International parents cannot pursue surrogacy in Wyoming. Learn more about options for becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Wyoming does not specifically limit intended parents to heterosexual couples. However, LGBTQIA+ couples will want to meet with an experienced professional to discuss the parentage process in Wyoming. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Wyoming. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Wyoming?

Intended parents need to be Wyoming residents for at least one year prior to entering into the Gestational Carrier Agreement. There is no explicit residency requirement for the surrogate although the baby would need to be born in Wyoming for jurisdictional purposes.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

There are no written laws pertaining to the rights of a surrogate. Learn more about surrogate rights.