GESTATIONAL SURROGACY IN WYOMING

Wyoming’s Parentage Act “does not authorize or prohibit” Gestational Surrogacy (WY Stat § 14-2-403(d)). However, WY Stat § 14-2-401 et seq. covers assisted reproduction in some depth.

PRE-BIRTH PARENTAGE ORDERS

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

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 married.
• Same-sex couple using an egg donor or sperm donor: Questionable. To date, can get an order for the bio dad, but not both dads.
• 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?

Heterosexual couple: Not yet
Same-sex couple: Not yet
Single parent: Not yet

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? Not likely.
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, venue is based on the Gestational Carrier’s place of residence, so GC must live in Wyoming.

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

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

SAME SEX COUPLE

How are same-sex parents named on the final birth certificate? Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father? Yes

Alternatively, can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  Yes

Can they subsequently obtain a birth certificate naming both fathers, with no mention of the Gestational Carrier? Questionable

Can the non-biological father subsequently obtain a second parent adoption based solely on the fact that the child was born in Wisconsin (i.e., neither of the Intended Fathers lives in Wisconsin)? No, adoption requires the parents to reside in Wyoming.

If no, will Wisconsin 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 of the state. The parents then return to Wisconsin to obtain a second parent adoption or stepparent adoption in Wisconsin.

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

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

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

EGG AND 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

The statute in Wyoming does not distinguish between Traditional Surrogacy and Gestational Surrogacy, so 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.

State law information provided by the following attorneys practicing Reproductive Law in this state:

Lauren Browne
lauren@mannenbrowne.com
(307) 733-7424

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