Birth certificates-gestational agreements.

21LSO-0370

ORIGINAL House

ENGROSSED
Bill No
.
HB0073

ENROLLED ACT NO. 57,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to vital records; specifying how parents are listed on a birth certificate upon delivery by a surrogate; providing definitions; making conforming amendments; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 14
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2
‑
901, 35
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1
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401(a)(v) and by creating new paragraphs (xiv) through (xvi) and 35
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1
‑
410(d) and by creating a new subsection (e) are amended to read:

14
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2
‑
901.

Scope of article.

This article does not apply to the birth of a child conceived by means of sexual intercourse
or to the birth of a child under a gestational agreement as defined by W.S. 35
‑
1
‑
401(a)(xiv)
.

35
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1
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401.

Definitions.

(a)

As used in this act:

(v)

"Live birth" means the complete expulsion or extraction from its mother
or its gestational carrier
of a fetus, which after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;

(xiv)

"Gestational agreement" means a written, notarized agreement between two (2) intended parents and a gestational carrier where:

(A)

The gestational carrier agrees to pregnancy by means of assisted reproduction;

(B)

The gestational carrier, and her spouse if she is married, agree to relinquish all rights and duties as the parent of any child that is delivered from the gestational carrier;

(C)

The agreement specifies that the intended parents shall become the parents of the child;

(D)

All parties to the agreement are twenty
‑
one (21) years of age or older;

(E)

The intended parents have been residents of the state of Wyoming for not less than one (1) year immediately preceding the date of the gestational agreement;

(F)

The agreement is filed with the state registrar of vital records. Any agreement filed under this subparagraph shall be sealed and placed in a special file and may be opened only upon order of a court of competent jurisdiction or as otherwise provided by law;

(G)

Compensation is limited to expenses related to prenatal care, delivery of the child and any other costs including the cost of lost opportunity that are directly connected to the pregnancy.

(xv)

"Gestational carrier" means a woman twenty
‑
one (21) years of age or older who gives birth to a child under a gestational agreement;

(xvi)

"Intended parents" means two (2) persons who enter into a gestational agreement with a gestational carrier for the birth of a child for which the two (2) persons shall assume paternity or maternity.

35
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1
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410.

Birth registration.

(d)

For purposes of birth registration, unless a court of competent jurisdiction orders otherwise at any time
or except as provided in subsection (e) of this section
, the woman who gives birth to the child shall be deemed the mother.

(e)

Upon the birth of a child under a gestational agreement, the intended parents of the child born under the gestational agreement shall be deemed to be the mother and father of the child, including for purposes of birth registration and the birth certificate, upon satisfying the following conditions:

(i)

Submission of a complete application by the intended parents as the state office of vital records services prescribes; and

(ii)

Verification by the state office of vital records services that the gestational agreement complies with the requirements of W.S. 35
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1
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401(a)(xiv).

Section 2
.

(a)

This act is not intended to alter the rights and legal status of any person or unborn child not specifically addressed by the provisions of this act.

(b)

The provisions of this act shall apply to any gestational agreement entered into and in effect before the effective date of this act where the child is born to a gestational carrier on or after the effective date of this act.

Section 3
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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