Yes, surrogacy is legal in Wyoming, but it operates under a patchwork of case law and lacks comprehensive statutory regulation. The state permits gestational surrogacy agreements, though enforcement varies by county courts, with no explicit prohibition or statewide framework. Recent 2026 amendments to Wyoming’s Uniform Parentage Act (Wyo. Stat. § 14-2-401 et seq.) introduced limited statutory guidance, requiring pre-birth orders and mandatory genetic testing for donor gametes.
Key Regulations for Surrogacy in Wyoming
- Pre-Birth Orders: Courts in Wyoming typically issue pre-birth parentage orders, but jurisdiction hinges on the surrogate’s residency and the intended parents’ domicile. Laramie County Family Court and Teton County District Court are primary venues for such petitions.
- Compensation Caps: While no statutory limit exists, courts scrutinize surrogacy contracts for “reasonable” compensation, often referencing American Society for Reproductive Medicine (ASRM) guidelines to prevent exploitation.
- Genetic Testing Mandates: The 2026 amendments require DNA testing to confirm genetic parentage in gestational surrogacy cases, aligning with Wyoming’s push for evidentiary clarity in parentage disputes.
Wyoming’s approach reflects a cautious, judicially driven model, deferring to local court discretion. Intended parents must navigate county-specific variances, often engaging Wyoming-licensed attorneys to draft enforceable agreements. The state’s lack of a dedicated surrogacy statute leaves gaps, particularly in post-birth disputes or contract enforcement, necessitating preemptive legal strategies.