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Gestational Surrogacy in Wyoming

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Wyoming Surrogacy Laws

Surrogacy is allowed, but only when both Intended Parents have been residents of Wyoming at least one year prior to executing their Gestational Carrier agreement.

Wyoming law permits gestational surrogacy so long as both Intended Parents have been Wyoming residents for at least one year before executing their gestational carrier agreement. In addition, all parties must be at least 21 years of age, and 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)

 

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Pre-Birth Parentage Orders

Do courts grant pre-birth parentage orders? No. Under WY Stat. § 14-2-811, a proceeding to determine parentage may be commenced before a child’s birth, but a final order may not be issued until after the child’s birth.

Post-Birth Parentage Orders

Can both Intended Parents be declared the legal parents in a post-birth court order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes.
  • Married heterosexual couple using an egg donor or sperm donor: Yes.
  • Unmarried heterosexual couple using own egg and own sperm: Yes, Wyoming law provides that there shall be no discrimination based on marital status. In practice, it may be easier to get a court order if the Intended Parents are married.
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes, theoretically, but easier if they are married.
  • Same-sex couple using an egg donor or sperm donor: Yes, but easier if they are married.
  • Single parent using own egg or sperm: Yes.

Can both Intended Parents be declared the legal parents in a post-birth court order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes, theoretically.
  • Unmarried heterosexual couple: Yes, theoretically, but easier if they are married.
  • Same-sex couple: Yes, theoretically, but easier if they are married.
  • Single parent: Yes, theoretically.

What are the bases for venue?  County of the Gestational Carrier’s residence.

Do results vary by venue? Possibly.
If yes, are motions to waive venue accepted? Unknown.
Is a hearing required to obtain a parentage order? Not so far.

Is a parentage order possible in Wyoming based on a Gestational Carrier’s plan to deliver in Wyoming, if no party lives in Wyoming? No, because the parents must both be residents.

Will Wyoming Vital Records honor a pre-birth order from another state? Yes.

What is the typical time frame to obtain a birth certificate after delivery? Approximately 2-4 weeks.

Same-Sex Couple

How are same-sex parents named on the final birth certificate? Mother/Parent or Father/Parent

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father? No, unless they meet the Wyoming residence requirement or have a parentage order from another state.

Alternatively, can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  No, see above.

Can they subsequently obtain a birth certificate naming both fathers, with no mention of the Gestational Carrier? No, see above.

Can the non-biological father subsequently obtain a second parent adoption based solely on the fact that the child was born in Wyoming (i.e., neither of the Intended Fathers lives in Wyoming)? No, both Intended Parents must be Wyoming residents.

If no, will Wyoming Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes.

Second Parent & Stepparent Adoptions for Wyoming Residents

Note: This situation typically arises if the child is born outside the state. The parents then return to Wyoming to obtain a second parent adoption or stepparent adoption in Wyoming.

Will courts in Wyoming grant second-parent adoptions or stepparent adoptions to heterosexual couples residing in Wyoming?  Yes.

Will courts in Wyoming grant second-parent adoptions or stepparent adoptions to same-sex couples who live in Wyoming? Yes.

Does the couple need to be married? No, marriage is not a requirement, but it makes it easier in practice.

Egg & Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, WY Stat § 14-2-902 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.

Traditional Surrogacy in Wyoming

Traditional Surrogacy is neither authorized nor prohibited in Wyoming. However, a Traditional Surrogate is also a birth mother, and in Wyoming a birth mother cannot consent to terminate her birth rights until after the child’s birth.

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