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Wyoming Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Wyoming surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Wyoming surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Wyoming surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Surrogacy in Wyoming is rare due to practical considerations. Consequently, there is insufficient data to determine how a Wyoming court may rule on a parentage order or on what intended parents may anticipate in their surrogacy process in this state.

    • Does the state have surrogacy laws and/or case law?

      Statutory law says Wyoming “does not authorize or prohibit” gestational surrogacy arrangements.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Unknown because there is not enough data and/or case history in the state to determine

    • Is commercial surrogacy legal?

      Possibly, but again, there is insufficient information and case history to indicate whether compensated surrogacy arrangements are permitted in Wyoming.

    • Is traditional surrogacy permitted?

      Since the Wyoming surrogacy statutes do not differentiate between traditional and gestational surrogacy, traditional surrogacy is neither authorized nor prohibited.

    • Is gestational surrogacy allowed?

      State law neither prohibits nor permits gestational surrogacy, so surrogacy is left to the judge’s discretion to determine on a case-by-case basis.

    • What are the requirements for an enforceable surrogacy contract?

      Since Wyoming does not have a statutory rule on this nor any relevant case history, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. Thus, the requisite elements for an enforceable surrogacy contract may vary on a case-by-case basis and are up to the judge’s discretion. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      Generally, the intended parents and surrogate should have independent legal counsel, the surrogate should meet specific requirements, and the agreement should include provisions that discuss the legal, financial, and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Wyoming has not yet dealt with the issue of surrogacy and parentage orders, so there is not enough data or information that can be used to determine what intended parents might anticipate throughout their surrogacy process.

    • Can both intended parents be declared the legal parents?

      For the same reasons stated above, this is unknown.

    • Will the state honor a pre-birth order issued by another state?

      Yes, if the case involves heterosexual married couples, since this is the only instance this has been asked of a Wyoming court. In all other situations, the answer is unknown.

    • Are post-birth adoptions permitted?

      Because assisted reproduction and surrogacy in Wyoming is very rare (most likely a result of the state’s sparse population), the availability of post-birth adoptions, particularly second-parent adoptions, is legally unclear. However, the state has established a stepparent adoption process, and so married intended parents may pursue such an action to establish their legal parental rights.

    • Are second-parent adoptions permitted?

      It is unknown.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.