WY Stat § 14-2-403(d) “does not authorize or prohibit” Gestational Surrogacy contracts; however, WY Stat § 14-2-901 et seq. covers assisted reproduction in some depth.
As a practical matter, Gestational Surrogacy is rare in Wyoming. To date, there are no known requests for parentage orders in Wyoming. Rather, parentage rights of Intended Parents using Gestational Carriers in Wyoming have been secured when Wyoming’s Vital Records honored an out-of-state pre-birth parentage order from the Intended Parents’ home state, and issued a birth certificate naming the Intended Parents as the legal parents. The Intended Parents were a married heterosexual couple, so it is unknown what would happen in other factual circumstances.
Do courts grant pre-birth parentage orders? Not to date. It is unknown what the courts would do if so requested.
Will Wyoming Vital Records honor a pre-birth order from another state? Yes, at least in cases involving heterosexual married couples.
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.
The statute cited above does not distinguish between Traditional Surrogacy and Gestational Surrogacy, so Traditional Surrogacy is neither authorized nor prohibited in Wyoming.
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