Gay Surrogacy Laws in Wyoming

Wyoming presents a unique situation for LGBT intended parents considering surrogacy—not because of explicit restrictions, but because of limited legal precedents and unclear statutory guidance.

While there are no additional laws that specifically target LGBT intended parents differently from heterosexual couples, the lack of established legal precedents means that outcomes can be unpredictable for intended parents pursuing surrogacy in the state, particularly if you are using donor sperm or eggs.

In addition Wyoming stipulates that couples, including LGBT couples, meet a one-year residency requirement for both intended parents. There is also no availability of pre-birth parentage orders, and limited judicial experience with surrogacy cases. However, the state does allow same-sex couples to pursue second-parent adoptions, providing a pathway to legal recognition.

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LGBT Surrogacy Laws in Wyoming and Establishing Parentage: Will We Get a Pre-Birth Order?

Pre-birth orders are not granted in Wyoming. However, you can begin legal proceedings before birth in some cases, and a final order can be granted after birth.

Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Wyoming?

In some cases yes, the non-genetic parent may be able to be declared a parent in Wyoming in a post-birth parentage order. This is easier if the couple is married, and if you are unable to be declared a parent through post-birth orders, you may pursue second-parent adoption.

What If We’re Not Married — Can We Both Be Legal Parents?

It’s possible, but not always easy. Being unmarried and not sharing genetics with a child born through surrogacy makes the process more complicated, but it may still be possible to get a post-birth order declaring both as parents. It may be more simple legally to pursue a second-parent adoption.

I’m a Single Parent — Can I Still Be Declared the Legal Parent in Wyoming?

Yes, it is possible to be declared a parent in a post-birth order in Wyoming as a single parent, especially if you used your own sperm or eggs. If you are not genetically related to the embryo used, it is more complicated and results are not guaranteed.

How Will Our Names Appear on the Birth Certificate in Wyoming?

In Wyoming, same-sex couples will be listed as Mother/Parent or Father/Parent.

Wyoming requires post-birth legal proceedings before intended parents can be named on birth certificates.

Birth certificate process:

• Initial certificate names the surrogate as birth mother
• Post-birth parentage order or adoption required for amendments
• Same-sex parents named as “Mother/Parent” or “Father/Parent”
• Amendment timeline approximately 2-4 weeks after legal proceedings

Process requirements:

• Court proceedings must be completed before birth certificate changes
• Legal representation required given lack of established procedures
• Venue typically county of gestational carrier’s residence

The terminology used for same-sex couples on birth certificates appears to accommodate diverse family structures, though actual implementation may vary given limited precedents.

How Long Will It Take to Get the Birth Certificate?

Wyoming’s post-birth only approach means longer timelines compared to states with pre-birth orders.

Typical timeline:

• Child born with surrogate initially on birth certificate
• Post-birth legal proceedings initiated after birth
• Court hearings scheduled (timing varies by county and judicial calendar)
• Final orders issued after successful legal proceedings
• Birth certificate amended approximately 2-4 weeks after court orders

Factors affecting timeline:

• Limited judicial experience with surrogacy may slow proceedings
• Quality of legal representation and preparation
• County court schedules and availability
• Complexity of legal arguments given lack of precedents

The absence of established procedures means that timelines may be longer and less predictable than in states with routine surrogacy practices.

Do We Need a Second Parent Adoption After Surrogacy in Wyoming?

Given Wyoming’s limited surrogacy precedents, it is possible that post-birth orders will not be successful for some couples. In that case, adoption may be necessary or may provide a more reliable path to legal recognition than untested parentage procedures.

Adoption advantages:

• Established legal procedures with known requirements
• Available to same-sex couples residing in Wyoming
• Marriage not required (though it makes the process easier)
• Predictable outcomes unlike experimental parentage orders
• Strong legal protection recognized nationwide

Adoption timeline and requirements:

• Court proceedings following established adoption procedures
• Background checks may be required
• Legal representation for both parties
• Final orders issued after successful hearings

Strategic considerations: Wyoming courts grant second-parent adoptions to same-sex couples, making this potentially the most reliable pathway for LGBT intended parents to secure legal recognition for both parents.

How Surrogacy Contracts Protect LGBT Parents in Wyoming

Wyoming’s lack of specific surrogacy statutes means contracts must address legal uncertainties while protecting all parties’ interests.

Essential contract provisions:

• Clear intent documentation establishing desired parentage for both intended parents
• Compliance with residency requirements verifying one-year Wyoming residence
• Compensation limitations adhering to expense-only restrictions
• Age verification ensuring all parties are at least 21
• Post-birth procedure planning addressing parentage or adoption pathways

Risk management strategies:

• Multiple legal pathways including both parentage attempts and adoption backup plans
• Detailed contingency planning for various legal scenarios
• Professional legal review by attorneys familiar with Wyoming’s uncertainties
• Interstate considerations if other legal options become necessary

Wyoming-specific considerations:

• No statutory contract requirements means comprehensive drafting is essential
• Separate legal representation required for intended parents and surrogate
• Venue selection within Wyoming counties based on available judicial attitudes

The contract must anticipate Wyoming’s legal uncertainties while providing maximum protection for all parties involved.

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Wyoming

Wyoming’s legal uncertainties make professional support especially valuable for LGBT intended parents.

Key agency advantages:

• Legal network access: Agencies work with attorneys experienced in Wyoming’s unique legal landscape and can navigate the post-birth proceedings required for all intended parents.
• Risk assessment: Professional agencies can provide honest evaluation of Wyoming’s challenges and help you understand the legal uncertainties involved.
• Multi-state coordination: If working with surrogates in other states becomes preferable, agencies can coordinate complex multi-jurisdictional arrangements.
• Process management: Post-birth only proceedings require careful timing and documentation—agencies help coordinate these complex requirements.
• Emotional support: The uncertainty inherent in Wyoming’s legal framework can be stressful—agencies provide consistent guidance through unpredictable processes.
• Precedent development: Agencies may have insights from any previous Wyoming cases and can share lessons learned from similar uncertain jurisdictions.

Alternative planning: Given Wyoming’s limitations, agencies can help evaluate whether other states might provide more predictable outcomes while accommodating your needs.

Most agencies will provide honest assessments of Wyoming’s challenges while working to support your family-building goals within the available legal framework.

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How to Get Started With LGBT Surrogacy in Wyoming

The key to success in Wyoming is working with experienced professionals who understand legal uncertainty and can help you navigate uncharted waters while protecting your family’s interests.

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