Opting for Gestational Surrogacy in Wyoming

WY Stat § 14-2-403(d) “does not permit or prohibit” Gestational Surrogacy agreements; even though, WY Stat § 14-2-901 et seq. includes aided or assisted reproduction to some extent.

Generally, the practice of Gestational Surrogacy is not frequent and common in Wyoming. To date, the cases for parenthood orders in Wyoming have not been much. Instead, parenthood rights of Intended or Aspiring Parents going with Gestational Carriers in the state are secured, as per Wyoming’s Vital Records recognized an out-of-state order for pre-natal parenthood from the Aspiring Parents’ native state, and issued a certificate for birth with the names of the Aspiring Parents placed as the legitimate parents. The Aspiring Parents were a married straight (opposite-sex) couple, so till date, it is unsure what would be the turnout in other cases.

Pre-Natal Parenthood Orders

Do the courts in Wyoming allow pre-natal parenthood orders? No such order has been granted till date. It is not known what the courts would do if such a request is placed.

Will Wyoming Vital Records recognize an order for pre-natal or pre-birth parentage from some other state? Yes, if it is about a heterosexual married couple. Not sure about other cases.

Sperm and Egg Donation

Is there a legal act or statute that serves the rights or interests of a donor pertaining to the resultant sperm, eggs, embryo or child? Yes, there is a law case addressing the rights of sperm and egg donors, as mentioned in WY Stat § 14-2-902, “In case of assisted or aided reproduction, a donor would not be considered as the parent of the child.” Here, it is applied analogously for both egg and sperm donors.

Conventional Surrogacy in Wyoming

The legislative enactment stated above does not advise any differentiation between Gestational Surrogacy and Conventional Surrogacy, so Traditional/Conventional Surrogacy is neither approved nor restricted in Wyoming.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.