Surrogacy in Wyoming

Posted on July 16, 2021 by Giving Tree Surrogacy & Egg Donation

If you are an intended parent looking to complete your surrogacy journey in Wyoming, then this article is for you.

Unfortunately, Wyoming is not an ideal state for completing your surrogacy journey. It has almost no laws that regulate the process of surrogacy. That is why surrogacy arrangements are relatively rare in the state.

Now, let’s take a look at some of the most frequently asked questions about surrogacy in Wyoming.

Is gestational surrogacy legal in Wyoming?

Although the statute of Wyoming explicitly states that it does not authorize or prohibit a surrogacy agreement between intended parents and surrogates, such arrangements have been made in the state previously. So, gestational surrogacy can be considered legal.

Is compensated surrogacy legal in Wyoming?

No Wyoming law or statute prohibits a woman from receiving compensation as a gestational surrogate. So, compensated surrogacy can be considered legal.

Is gay surrogacy legal in Wyoming?

No published law or statute explicitly prohibits gay couples from opting for surrogacy, so it is legal. But, surrogacy is rare in Wyoming, and gay surrogacy are even rarer. So, it is uncertain whether courts in Wyoming favor surrogacy or not.

Is traditional surrogacy legal in Wyoming?

Yes, similar to gestational surrogacy, traditional surrogacy is neither prohibited nor permitted, so it can be practiced in the state.

However, we as Giving tree surrogacy do not promote traditional surrogacy, especially in a state like Wyoming, which has no regulations. Here is the reasoning behind that:

Firstly, traditional surrogacy without guaranteed enforceability can be risky as the surrogate is the genetic mother of the child, and her spouse (if any) can be considered the father of the newborn.

Secondly, the surrogate has to be trusted that she relinquishes her parental rights, which can be difficult due to the attachment with the child. Hence, it is better to just narrow your focus to gestational surrogacy.

Are surrogacy agreements enforceable in Wyoming?

It is unclear as are there are no laws outlining surrogacy contracts. Plus, there is not enough previous data that could help determine the enforceability of these contracts.

However, if you still decide to go for surrogacy in Wyoming, bear in mind that having independent legal counsel is a must for both surrogates and intended parents.

What are the laws in Wyoming on pre-birth orders?

Firstly, there are no pre-birth orders for traditional surrogacy.

Secondly, there are no laws for issuing pre-birth orders in gestational surrogacy. So, it is unclear when a court will grant pre-birth order.

Is second-parent adoption allowed in Wyoming?

Yes, second-parent adoptions are allowed in Wyoming. Additionally, the courts of Wyoming will honor an adoption issued by other states.

Surrogacy in Wyoming can be a bit tricky due to the lack of laws and data. The best thing intended parents can probably do is complete their surrogacy journey in neighboring states. Utah and Colorado are some of the best states in the U.S. for surrogacy.

For a hassle-free experience with surrogacy, you can work with surrogate professionals like Giving Tree Surrogacy and their network of surrogacy attorneys in Utah and Colorado.

Happy Family Building!

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