What You Need to Know About Surrogacy in Wyoming

What You Need to Know About Surrogacy in Wyoming

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Wyoming Surrogacy Laws and Information

Surrogacy in Wyoming is a rare occurrence, due in part to the sparsity of population in the state and the lack of surrogacy laws in Wyoming for intended parents and surrogates to follow. In fact, a great deal of the surrogacy process in Wyoming is undefined, and it can be intimidating for those interested in this family-building path to choose this location to reach their dreams.

If you are considering a Wyoming surrogacy, it’s important that you understand the complexities and unknowns involved in this family-building process. There are no surrogacy laws in Wyoming that define this process and, while it may be possible, it could also potentially be difficult. Always speak with a surrogacy attorney in Wyoming before you decide to pursue this path.

While there is a great deal of unknowns about surrogacy in Wyoming, you can find some answers below based on current Wyoming laws regarding assisted reproduction.

Q: Is surrogacy legal in Wyoming?

A: Surrogacy in Wyoming is an area that has yet to be effectively navigated by Wyoming law. Wyoming is sparsely populated, and there is neither established judicial practice regarding surrogacy nor any decisions of the Wyoming Supreme Court for guidance in these matters. 

The only legal guidance available to intended parents and surrogates interested in surrogacy in Wyoming is the state statute that defines assisted reproduction and declares that the law regarding paternity also applies to maternity.

Wyoming law also specifically states that it “does not authorize or prohibit” gestational surrogacy contracts — leaving surrogacy in Wyoming up to judicial review on a case-by-case basis.

Q: Is compensated surrogacy legal in Wyoming?

A: 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.

Q: Is traditional surrogacy legal in Wyoming?

A: Wyoming surrogacy laws do not distinguish between traditional and gestational surrogacy; therefore, traditional surrogacy is neither authorized nor prohibited in this state.

Q: What does a surrogacy agreement in Wyoming cover, and how does the legal process work?

A: There are no particular legal requirements for a Wyoming surrogacy contract. Because there are no published laws or case laws about surrogacy, the process of creating a surrogacy contract will best be explained by a local surrogacy attorney in Wyoming.

If you choose to create a Wyoming surrogacy contract, it will likely be similar in many ways to a surrogacy contract in any other state. Both parties should be represented by separate surrogacy lawyers, and parties should ensure that all of their rights and interests are properly addressed before finalizing and signing their surrogacy agreement.

A properly drafted surrogacy contract should address all of these aspects and more:

  • Surrogate compensation and coverage/reimbursement of medical and pregnancy expenses
  • Agreement on sensitive issues like selective reduction and termination
  • Rights and responsibilities of each party before, during and after the surrogacy process
  • Risks and liabilities
  • Contact expectations

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

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Wyoming?

A: Currently, there are no published cases of surrogacy in Wyoming that indicate whether surrogacy contracts are unenforceable, only that they are neither authorized nor prohibited. Speak with a surrogacy attorney for legal advice on this issue.

Q: What are the surrogacy laws in Wyoming on parentage orders?

A: There are no surrogacy laws in Wyoming regarding parentage orders, and there are currently no published cases that indicate what steps would be taken to establish parental rights in a Wyoming surrogacy.

The only state statute that could potentially apply is one referring to the paternity of a child of assisted reproduction: that “a man who provides sperm for, or consents to, assisted reproduction by a woman…with the intent to be the parent of her child, is the parent of the resulting child.”

There have been no known requests for parentage orders in Wyoming, although 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, all intended parents should contact an assisted reproduction attorney before even beginning this family-building process.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Wyoming?

A: No. All laws that apply to domestic intended parents would presumably apply to international intended parents, as well.

Q: When do intended parents need to complete an adoption after birth? 

A: The answer to this question is unknown, as there are no previous cases of establishing parental rights in a Wyoming surrogacy off which to base this.

Q: Does Wyoming allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: Because assisted reproduction and surrogacy is such a rare occurrence in Wyoming (due to the sparsity of population), the availability of second-parent adoptions is legally unclear. Speak with an ART attorney in Wyoming for more information about what steps may be necessary to establish your parental rights.

The stepparent adoption process, however, is a clear and possible course for intended parents in Wyoming who determine they need this step after their child is born via surrogacy or another assisted reproduction method.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: There is one state statute that specifically states “a donor is not a parent of a child conceived by means of assisted reproduction.” There is no distinction between egg and sperm donors in this law.

Only a surrogacy attorney in Wyoming, however, can inform intended parents of what necessary legal steps would be taken in the situation of a donated gamete.

Q: Are there any additional laws impacting same-sex surrogacy in Wyoming?

A: No. Because there are no surrogacy laws in Wyoming, it follows that there are no additional laws that apply to LGBT intended parents that do not apply to heterosexual intended parents.

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Because of the unknowns associated with the surrogacy process in Wyoming, many intended parents who live in this state choose to pursue their family-building process in a state with more well-defined surrogacy laws and a safer legal process. Choosing to complete a surrogacy in Wyoming, on the other hand, could be risky and lengthy as you embark on a novel path for judges in this state.

For a safer surrogacy process in a surrogacy-friendly state, you can always contact the surrogacy specialists at American Surrogacy. If you are an intended parent, we can connect you to a surrogate in a state that has a safe, legally defined process for adding a child to your family. We can also provide case management and support services to aid you every step along the way.

Please call American Surrogacy at 1-800-875-2229(BABY) for more information about our agency program.

American Surrogacy does not guarantee the accuracy of the information presented in this article. Surrogacy laws in Wyoming are always subject to change, so this article should not be taken as legal advice. Please contact a local Wyoming surrogacy attorney for the most updated information about surrogacy in Wyoming.