The Cove state guide

Case-specific route

Surrogacy laws
in Wyoming.

Wyoming has a narrow gestational-agreement route in its vital-records law. It carries specific residency, party and payment conditions, so it should not be treated as a general authorization for every surrogacy arrangement.

See the rules for your family
WY

Your family. Your legal pathway.

Who can pursue surrogacy
in Wyoming?

Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.

Single parents

Case-specific

Wyoming's special vital-records route defines intended parents as two people, so a single parent cannot simply use that procedure as written. The general parentage law neither authorizes nor prohibits gestational agreements. A single person's court or adoption route needs individual analysis rather than a blanket declaration that parenthood is prohibited.

Sources 12

Unmarried couples

Conditions apply

The special Wyoming vital-records definition requires two intended parents but does not expressly require marriage. Both must meet its one-year residency condition, and all parties must be at least 21. Confirm how the registrar and any court will apply the process to the actual arrangement before relying on it.

Sources 1

Gay male couples

Case-specific

Wyoming's vital-records provision refers to two intended parents without an express different-sex condition. That wording alone does not verify a uniform two-father court practice. Counsel must confirm the route, both parents' one-year Wyoming residence and the resulting birth record, especially when donor material is used.

Sources 12

Lesbian couples

Case-specific

The Wyoming vital-records definition does not expressly exclude two intended mothers, but published primary law does not establish a complete court process for every donor-assisted case. Both parents' residence and the agreement's strict conditions matter. Confirm recognition of each mother rather than infer an outcome from general marriage equality.

Sources 12

International parents

Significant restriction

The special vital-records route requires both intended parents to have lived in Wyoming for at least one year before the agreement. Parents living abroad who do not meet that condition cannot assume they qualify through a resident carrier. Any alternative parentage route and the child's nationality and travel require separate advice.

Sources 123

How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.

These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.

The starting point in Wyoming.

The route depends on case law, parentage law, or local court practice rather than a comprehensive surrogacy statute.

This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.

The details that can change your route.

Does marriage matter?

The special vital-records definition specifies two intended parents, without an express marriage condition. It is not a comprehensive guarantee for every family structure. Single-parent cases and arrangements outside that definition require counsel to identify a separate court or adoption route.

Is a genetic connection required?

The vital-records definition does not expressly require an intended parent's genetic contribution. That silence should not be treated as proof that every donor-embryo arrangement will obtain the same parentage result. Clarify each parent's legal basis and the registrar's requirements before treatment.

Do we need to live in the state?

Both intended parents must have lived in Wyoming for at least one year immediately before the agreement to use the special vital-records route. A carrier's Wyoming residence alone does not meet that condition. No citizenship condition appears in this definition, but immigration and residence are distinct questions.

What to know about the agreement.

The vital-records route requires a notarized agreement filed with vital records, two intended parents each resident in Wyoming for at least one year immediately before the agreement, and all parties aged at least 21. Its definition has no express marriage condition, but that does not verify a uniform court outcome for every family structure.

How parentage is established.

The special route requires a notarized agreement filed with vital records, all parties aged 21 or older, and compensation limited to specified pregnancy-related expenses. The registrar verifies compliance for the birth certificate. A court may otherwise determine parentage, but the statute does not supply a comprehensive alternative procedure.

Compensation and expenses.

For this statutory route, compensation is limited to prenatal, delivery and other costs directly connected to pregnancy, including lost opportunity. Counsel should review each proposed payment.

If you live outside the U.S.

A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.

Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.

International parentage recognition: HCCH (opens in a new tab)

What to discuss with your attorney.

  1. 01Both intended parents must meet the one-year residence condition for the special vital-records route; the carrier's residence alone is insufficient.
  2. 02Review the expense limits before agreeing to compensation.
  3. 03Confirm the parentage route for the family's structure rather than assume the absence of a marriage condition guarantees an outcome.

Make room for a clear next step.

Learn how Cove helps intended parents explore their options and keep the journey organized.

Explore Cove for parents

Go straight to the source.

  1. Wyoming Statutes, §§ 35-1-401 and 35-1-410 (opens in a new tab)
  2. Wyoming Statutes, § 14-2-403(d) (opens in a new tab)
  3. UK government: planning for international surrogacy (opens in a new tab)

Sources checked October 13, 2026. Check the source’s effective date as well as its publication date.

General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.

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