Wyoming Surrogacy Laws & Policies

Category

Moderate

Gestational Surrogacy

Permitted in Wyoming, but with conditions:

• Both intended parents must have been Wyoming residents for at least one year before signing the gestational carrier agreement
• All parties must be at least 21 years old
• Compensation is limited to expenses tied to prenatal care, delivery, and direct costs of pregnancy, including “lost opportunity” expenses

Traditional Surrogacy

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.

Pre-Birth Parentage Orders

Not allowed. Wyoming law permits a parentage proceeding to be filed before birth, but a final order can’t be issued until after birth.

Post-Birth Parentage Orders

Wyoming allows both intended parents to be declared legal parents via a post-birth court order in many cases, including:

• Married heterosexual couples with their own egg & sperm
• Married couples using a donor
• Unmarried heterosexual couples, whether using their own gametes or donors
• Same-sex couples using donor material
• Single parents using their own genetic material
• Also, if no intended parent is genetically related, it’s theoretically possible, though more complex.

Venue & Hearing Requirements

Venue is typically the county where the gestational carrier lives. Results may vary by county. Unknown whether motions to waive venue are accepted. So far, a hearing is not required to obtain a post-birth parentage order.

Same-Sex Couples

On the final birth certificate, same-sex parents are listed as Mother/Parent or Father/Parent. An international same-sex male couple cannot initially obtain a birth certificate naming only the biological father unless they satisfy Wyoming’s residence requirement or have a parentage order from another state. They also cannot obtain an initial certificate naming the biological father + gestational carrier under those same limitations. They can later obtain a certificate naming both fathers with no mention of the carrier, again subject to the state’s residency and parentage order requirements.

Birth Certificate Timing

Per Wyoming procedures

Adoption Options

Wyoming courts allow second-parent and stepparent adoptions for both heterosexual and same-sex couples who live in Wyoming. Marriage is not required, though being married makes things easier in practice.