In 2021, Wyoming created a new law that makes surrogacy easier for some families — but it only covers married heterosexual couples who meet specific requirements. If you’re an LGBT or single parent, you’ll use Wyoming’s older laws.

Here’s what this means for you: Surrogacy is legal for gay couples in Wyoming. However, your journey will look different from what other couples experience. You’ll work through Wyoming’s general parentage laws instead of the streamlined surrogacy statute, which means more court involvement and careful planning with your legal team.

This guide walks you through Wyoming’s LGBT surrogacy laws. We’ll cover how to establish your parental rights, get your names on the birth certificate and more. Ready to get started? Connect with a surrogacy professional today to take a step toward your dreams of parenthood.

Establishing Parentage in Wyoming as an LGBT Couple: Will We Get a Pre-Birth Order?

No, Wyoming doesn’t issue pre-birth orders for any intended parents. You cannot get a pre-birth order as a same-sex couple. Under Wyoming law, you can start your parentage case before your baby is born, but the judge won’t make the final decision until after birth.

This means there’s a short waiting period after your baby arrives while the court reviews your case and issues the final parentage order. It’s not ideal, but it’s the same process everyone follows in Wyoming, regardless of sexual orientation or marital status.

Your legal team will file all the paperwork early and prepare everything in advance so the post-birth process moves as quickly as possible.

How Do Non-Genetic LGBT Parents Establish Legal Parentage in Wyoming?

The non-genetic parent in an LGBT couple can be declared a legal parent in Wyoming, just like their partner who provided the egg or sperm. Wyoming courts will consider your intent to parent over genetics.

Here’s how it works: After your baby is born, you’ll go through a court process where the judge reviews your surrogacy agreement and evidence that you both intended to be parents from the beginning. Wyoming’s LGBT surrogacy law is clear that sperm and egg donors aren’t parents, which protects your rights when using donor gametes alongside your own.

Does Marriage Make a Difference for LGBT Couples?

Unmarried LGBT couples can become legal parents in Wyoming. The law specifically says there’s no discrimination based on marital status. However, being married does make the court process smoother because marriage is automatic proof of your partnership.

If you’re not married, you’ll need to show the court more documentation about your relationship and shared commitment to parenting. This might include financial records showing you both contributed to the surrogacy costs, evidence that you both participated in medical appointments or other proof of your joint parenting plan.

Can Single LGBT Parents Pursuing Surrogacy Establish Parental Rights in Wyoming?

Single parents can establish parental rights in Wyoming. While the 2021 law doesn’t cover single parents, Wyoming’s regular parentage laws work for single intended parents, whether you’re using your own genetic material or donor eggs or sperm.

As a single parent, you may have a simpler legal process because you only need to establish your own rights. You’ll still go through the same post-birth court process but without the complexity of proving a partnership or marriage.

What Will Your Family Look Like on the Birth Certificate?

How do birth certificates work for gay couples using surrogacy? LGBT couples in Wyoming are listed as “Mother and Parent” or “Father and Parent” on birth certificates. For instance, two dads using surrogacy in Wyoming would likely be listed as “Father and Parent.”

It’s not the “Parent and Parent” format you might see in some other states, but it clearly establishes both of you as legal parents on the official birth certificate.

How Long Does the Birth Certificate Process Take?

Here’s the typical timeline: Your baby is born, the court reviews your case (this usually takes a few weeks), you get your parentage order and then you apply for the birth certificate. Once you have the court order, the birth certificate processing takes about five business days. The entire process from birth to birth certificate typically takes two to four weeks total.

Is a Second-Parent Adoption Necessary After Surrogacy for LGBT Parents?

Wyoming courts do grant second-parent adoptions to LGBT couples (married or not), but many families don’t need them if the regular parentage process establishes both parents’ rights.

Some gay parents choose to adopt their own child for extra legal protection, especially if they plan to travel to or move to states that might not automatically recognize Wyoming’s parentage orders.

Your attorney can help you decide if a second-parent adoption makes sense for your situation. It’s an extra step with additional costs, but it can provide extra peace of mind for some families.

What Legal Protections Do Surrogacy Contracts Provide LGBT Families?

Your surrogacy contract is the main evidence the court will look at to understand your intentions and agreements. For LGBT couples, the contract needs to clearly show that both of you intended to be parents from the beginning.

The contract should spell out who makes medical decisions during pregnancy, how expenses are handled and what happens after the baby is born.

Your contract can’t guarantee how the court will rule, but a well-written agreement makes the legal process much smoother.

The Value of Working With LGBT-Experienced Agencies in Wyoming

LGBT-friendly agencies understand the extra steps gay couples need to take in Wyoming. They can connect you with surrogates who are comfortable working with LGBT families and attorneys who know how to handle gay surrogacy laws and LGBT parentage cases.

A good agency will also help coordinate the timing between your medical procedures and legal filings, making sure everything lines up properly for your court case after the baby is born. Your journey could be a lot smoother with a surrogacy agency that helps gay couples in Wyoming.

How to Choose the Right Legal Representation for LGBT Surrogacy

You’ll want to find an attorney who has experience with LGBT parentage cases and assisted reproduction law. Ask potential attorneys about their experience with LGBT couples and how familiar they are with Wyoming’s parentage laws.

Don’t be afraid to interview a few attorneys before choosing one. This is too important to leave to chance, and you want someone who really understands surrogacy laws for LGBTQ couples in Wyoming.

Your First Steps Toward LGBT Surrogacy in Wyoming

If you’re considering surrogacy in Wyoming, start by talking to professionals who have experience with LGBT families. Connect with an experienced agency that can walk you through what to expect and help you understand Wyoming’s requirements.

During your consultations, ask about the timeline for the legal process, what documentation you’ll need and how long the whole process typically takes from start to finish.

Wyoming might not be the most straightforward state for LGBT surrogacy, but it’s doable when you have the right team helping you navigate the state’s LGBT surrogacy laws. For more information, connect with a surrogacy agency today.